Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Conflict of laws (11)
- Delegation of authority (9)
- Sovereignty (7)
- International relations (6)
- Judicial process (6)
-
- Evaluation (4)
- International agreements (4)
- International law (4)
- International organizations (4)
- Attorneys (3)
- Choice of law (3)
- Delegation of powers (3)
- Legal professions (3)
- Legislation (3)
- Political aspects (3)
- Research (3)
- Social conditions & trends (3)
- Citizenship (2)
- Common law (2)
- Courts (2)
- Economic history (2)
- Extraterritoriality (2)
- Free trade (2)
- Globalization (2)
- Human rights (2)
- Inspections (2)
- International trade (2)
- Law (2)
- Models (2)
- Social criticism & satire (2)
Articles 1 - 30 of 55
Full-Text Articles in Law
Introduction, Kathryn Webb Bradley
Introduction, Kathryn Webb Bradley
Law and Contemporary Problems
No abstract provided.
Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler
Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler
Law and Contemporary Problems
No abstract provided.
The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy
The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy
Law and Contemporary Problems
No abstract provided.
How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler
How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler
Law and Contemporary Problems
No abstract provided.
Back To The Future—Questions For The News Media From The Past, Loren Ghiglione
Back To The Future—Questions For The News Media From The Past, Loren Ghiglione
Law and Contemporary Problems
No abstract provided.
Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson
Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson
Law and Contemporary Problems
No abstract provided.
Trying Cases In The Media: A Comparative Overview, Giorgio Resta
Trying Cases In The Media: A Comparative Overview, Giorgio Resta
Law and Contemporary Problems
No abstract provided.
Race To Judgment: Stereotyping Media And Criminal Defendants, Robert M. Entman, Kimberly A. Gross
Race To Judgment: Stereotyping Media And Criminal Defendants, Robert M. Entman, Kimberly A. Gross
Law and Contemporary Problems
No abstract provided.
The Duke Lacrosse Case And The Blogosphere, K. C. Johnson
The Duke Lacrosse Case And The Blogosphere, K. C. Johnson
Law and Contemporary Problems
No abstract provided.
The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers
The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers
Law and Contemporary Problems
No abstract provided.
Moving Beyond Media Feast And Frenzy: Imagining Possibilities For Hyper-Resilience Arising From Scandalous Organizational Crisis, Ronald L. Dufresne, Judith A. Clair
Moving Beyond Media Feast And Frenzy: Imagining Possibilities For Hyper-Resilience Arising From Scandalous Organizational Crisis, Ronald L. Dufresne, Judith A. Clair
Law and Contemporary Problems
No abstract provided.
The Interlegality Of Transnational Private Law, Robert Wai
The Interlegality Of Transnational Private Law, Robert Wai
Law and Contemporary Problems
No abstract provided.
Afterword, Marianne Constable
The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail
The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail
Law and Contemporary Problems
It has been claimed that cross-border business transactions are governed by a transnational body of norms specific to international trade, generally known as lex mercatoria, the law merchant. This legal phenomenon is in fact often described as the new lex mercatoria, as distinguished from the ancient law merchant, which purportedly flourished in medieval and early modern Europe. Here, Hatzimihail discusses about lex mercatoria, which has been variously described by its advocates as a set of general principles and customary rules spontaneously referred to or elaborated in the framework of international trade.
Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola
Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola
Law and Contemporary Problems
The US Court for China was created by Congress in 1906, and it was not abolished until 1943. The Shanghai-based court had extraterritorial jurisdiction over all American citizens within its district, known as the District of China for jurisdictional purposes. The court is fascinating in its own right, and it produced what one observer has described as a system of jurisdiction that was more complete than that of any body extraterritorial law. Here, Ruskola elaborates the court's jurisprudence. He focuses on some of the conflicts-of-law problems the court had to face. Also, he describes the law applied by the court, …
The Reach Of Rights: “The Foreign” And “The Private” In Conflict-Of-Laws, State-Action, And Fundamental-Rights Cases With Foreign Elements, Jacco Bomhoff
Law and Contemporary Problems
No abstract provided.
Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane
Law and Contemporary Problems
The Internet has often been described as "borderless," owing to the technical features of Internet communications that make content accessible to anyone with a network connection, regardless of his or her location. This borderlessness has been widely thought both to confound legal regimes relying on territoriality and to fundamentally create a crisis for jurisdictional determination of both public- and private-law matters. Here, Slane dissects the images of globalization at work in conflicts cases involving harms caused by postings on the Internet and demonstrates how these images work to produce a coherence for the field of conflicts as well as the …
Citizenship, Public And Private, Karen Knop
Citizenship, Public And Private, Karen Knop
Law and Contemporary Problems
Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …
Foreword, Karen Knop, Ralf Michaels, Annelise Riles
Foreword, Karen Knop, Ralf Michaels, Annelise Riles
Law and Contemporary Problems
No abstract provided.
The Transformation Of International Comity, Joel R. Paul
The Transformation Of International Comity, Joel R. Paul
Law and Contemporary Problems
No abstract provided.
Economics Of Law As Choice Of Law, Ralf Michaels
Economics Of Law As Choice Of Law, Ralf Michaels
Law and Contemporary Problems
No abstract provided.
Betwixt And Between Recognition: Migrating Same-Sex Marriages And The Turn Toward The Private, Brenda Cossman
Betwixt And Between Recognition: Migrating Same-Sex Marriages And The Turn Toward The Private, Brenda Cossman
Law and Contemporary Problems
Cossman talks about the battery of arguments at work in doctrinal debates about the recognition of gay and lesbian marriages alongside other images of these migrating marriages in television and film and in wedding announcements in the New York Times. At a most basic level, this cultural analysis reminds people that doctrinal efforts to abstract from the substance of disputes aside, substance and, in particular, cultural and political context continue to matter in ways that are often both crucial and unappreciated in the discipline. Moreover, she shows how the intricate moves of recognition and deference that characterize technical doctrinal maneuvering …
Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson
Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson
Law and Contemporary Problems
Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.
Performing Party Autonomy, Fleur Johns
Performing Party Autonomy, Fleur Johns
Law and Contemporary Problems
No abstract provided.
Cultural Conflicts, Annelise Riles
Cultural Conflicts, Annelise Riles
Law and Contemporary Problems
Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part …
Implementing The Rights Revolution: Repeat Players And The Interpreting Of Diffuse Legal Messages, Charles R. Epp
Implementing The Rights Revolution: Repeat Players And The Interpreting Of Diffuse Legal Messages, Charles R. Epp
Law and Contemporary Problems
No abstract provided.
The Study Of Law And India’S Society: The Galanter Factor, Robert Moog
The Study Of Law And India’S Society: The Galanter Factor, Robert Moog
Law and Contemporary Problems
Moog pursues three related themes or lines of inquiry that have marked her own research, the roots of which are to be found in Marc Galanter's earlier works and the broader law-and-society movement. These include, the significance of lower courts, the role of the local bar, and the evolution of alternatives to formal court proceedings all represent essential areas for exploration in the attempt to understand the successes and failures of the Indian justice system.
Justice In Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through The Cultural Defense, Mitra Sharafi
Justice In Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through The Cultural Defense, Mitra Sharafi
Law and Contemporary Problems
Sharafi explores the emergence of legal pluralism during 1970s and 80s and discusses its relation in the cultural defense. Legal pluralism was more than a methodological stance intended to help lawyers and anthropologists talk to each other; it was an ideological commitment. In the 1980s, scholars like Marc Galanter and Sally Merry inaugurated the legal-pluralist sequel to the "what-is-law" debate between legal positivists and natural-law advocate. There are two major changes in the conception of legal pluralism brought about by the works of Galanter and his colleagues. The first was the shift from the understanding of legal pluralism as a …