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Articles 901 - 930 of 4157
Full-Text Articles in Law
Decentralized Administrative Law In The Organization For Economic Cooperation And Development, James Salzman
Decentralized Administrative Law In The Organization For Economic Cooperation And Development, James Salzman
Law and Contemporary Problems
No abstract provided.
The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti
The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti
Law and Contemporary Problems
No abstract provided.
“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro
“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro
Law and Contemporary Problems
No abstract provided.
Play It Again, Uncle Sam, A. Wallace Tashima
Play It Again, Uncle Sam, A. Wallace Tashima
Law and Contemporary Problems
Tashima, currently a federal judge, relates his experience in a Japanese American internment camp at Poston AZ during WWII. The unjust internment was in part a failure of the federal courts to protect the constitutional rights of American citizens.
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge
Law and Contemporary Problems
Although Ex Parte Endo undid the wrongs that resulted from the US Supreme Court decision Korematsu v. United States, the Japanese Americans who faced internment during WWII cannot so easily put the past behind them. Gudridge examines the publication The Spoilage, which documents the political efforts of those inside the internment camp at Tule Lake, and relates them to Endo and Korematsu.
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
Law and Contemporary Problems
Muller examines the prosecution and sentencing of Japanese Americans who resisted the draft of WWII from their internment camps. Although the hundreds of cases were almost identical, approaches to justice and sentencing of offenders varied widely.
The Japanese American Cases, 1942-2004: A Social History, Roger Daniels
The Japanese American Cases, 1942-2004: A Social History, Roger Daniels
Law and Contemporary Problems
Daniels examines the changing reactions of the government and the public to the internment of Japanese Americans during WWII and in the six decades following. Some comparisons can be drawn between this action and the attitudes encountered by the public in the wake of the Sep 11, 2001 terrorist attacks.
Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang
Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang
Law and Contemporary Problems
In the past, the government has avoided accountability for the atrocity of allowing the internment of Japanese Americans during WWII. Kang examines whether the federal judiciary is again shying away from its responsibilities of holding the other branches accountable for their actions as they conduct their war on terror.
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
Foreword, Eric L. Muller
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Law and Contemporary Problems
No abstract provided.
Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson
Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson
Law and Contemporary Problems
The authors examine the role that the Japanese American Citizens League played in the development of the "strict scrutiny" doctrine partly responsible for the ruling in Brown v. Board of Education. The plight of Japanese Americans during their WWII internment gave them experience in implementing this doctrine, which they passed on to the NAACP.
A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett
A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett
Law and Contemporary Problems
Barrett examines the dissent opinion of Supreme Court Justice Robert Houghwout Jackson in Korematsu v. United States, which centered on the internment of Japanese Americans during WWII. Although the dissent has been criticized as incoherent, it contains strong legal implications within its complexity.
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Law and Contemporary Problems
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
Walking While Muslim, Margaret Chon, Donna E. Arzt
Walking While Muslim, Margaret Chon, Donna E. Arzt
Law and Contemporary Problems
The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Law and Contemporary Problems
Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.
European Principles Governing National Administrative Proceedings, Claudio Franchini
European Principles Governing National Administrative Proceedings, Claudio Franchini
Law and Contemporary Problems
It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.
The Proceedings Of The European Ombudsman, Simone Cadeddu
The Proceedings Of The European Ombudsman, Simone Cadeddu
Law and Contemporary Problems
Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.
European Administrative Proceedings, Sabino Cassese
European Administrative Proceedings, Sabino Cassese
Law and Contemporary Problems
Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.
Three Generations Of Participation Rights Before The European Commission, Francesca Bignami
Three Generations Of Participation Rights Before The European Commission, Francesca Bignami
Law and Contemporary Problems
Bignami offers a conceptual framework for analyzing the development of participation rights before the European Commission from the early 1970s to the present day. Process rights before the Commission can be divided into three categories, each of which is associated with a distinct phase in European Community history and a particular set of institutional actors.
Foreword, Francesca Bignami
Forms Of European Administrative Action, Mario P. Chiti
Forms Of European Administrative Action, Mario P. Chiti
Law and Contemporary Problems
Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Law and Contemporary Problems
Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
Law and Contemporary Problems
Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
Law and Contemporary Problems
Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.
Administrative Proceedings Involving European Agencies, Edoardo Chiti
Administrative Proceedings Involving European Agencies, Edoardo Chiti
Law and Contemporary Problems
Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.