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Articles 1 - 11 of 11
Full-Text Articles in Law
The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo
The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
The Utility Of International Criminal Courts, Mark Weston Janis
The Utility Of International Criminal Courts, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Commentary: A Law Professor's Suggestions For Estate And Trust Reform, Robert Whitman
Commentary: A Law Professor's Suggestions For Estate And Trust Reform, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Who's Afraid Of Functional Claims - Reforming The Patent Law's 112, 6 Jurisprudence, Mark Weston Janis
Who's Afraid Of Functional Claims - Reforming The Patent Law's 112, 6 Jurisprudence, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Faculty Articles and Papers
Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this criminal act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes …
After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger
After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger
Faculty Articles and Papers
The story of Pocahontas, simultaneously celebrated and contained, presents the favored path for Native American women in the newer legal culture: absorption into the Euro-American race and ultimate disappearance of the non-European element. The alternative path was reserved for women whose assimilation did not reach this level of absorption and disappearance but retained their allegiance to both the Indian and white society. Federal and state legislatures and courts marginalized such women, denied them the treaty rights accorded their male companions, and denied them stable marriages, rights of descent, and the power within the family that they had had within Indian …
Children's Rights Vs. Adult Free Speech: Can They Be Reconciled, Loftus Becker
Children's Rights Vs. Adult Free Speech: Can They Be Reconciled, Loftus Becker
Faculty Articles and Papers
No abstract provided.
The Ethics Of Mediation Evaluation: Some Troublesome Questions And Tentative Proposals, From An Evaluative Lawyer Mediator, James Stark
Faculty Articles and Papers
No abstract provided.
Russia And The Legality Of Strasbourg Law, Mark Weston Janis
Russia And The Legality Of Strasbourg Law, Mark Weston Janis
Faculty Articles and Papers
The aim of this essay is to comment on Russia's accession to the Council of Europe and its probable accession to the European Convention on Human Rights from the perspective of the legal theory concerning the nature of obligation in international law and the law-like character of international law. The facts of Russia's accession test a philosophical argument that has been made elsewhere about the nature, efficacy and 'legality' of the legal system of the European Human Rights Convention. An important premise therein is that 'sometimes a happy (or unhappy) confluence of political decisions, social attitudes, and individual actors and …
Remarks In Response To "Telling Alternative Stories: Heterodox Versions Of The Prisoner's Dilemma: The Course Theorem, And Supply- Demand Equilibrium, Robert Birmingham
Remarks In Response To "Telling Alternative Stories: Heterodox Versions Of The Prisoner's Dilemma: The Course Theorem, And Supply- Demand Equilibrium, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Getting Away From The Federal Paradigm: Separation Of Powers In State Courts, Ellen Ash Peters
Getting Away From The Federal Paradigm: Separation Of Powers In State Courts, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.