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Full-Text Articles in Law
Beyond Samuel Moyn's Countermajoritarian Difficulty As A Model Of Global Judicial Review, James T. Gathii
Beyond Samuel Moyn's Countermajoritarian Difficulty As A Model Of Global Judicial Review, James T. Gathii
Vanderbilt Journal of Transnational Law
This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …
Judicial Review Under A British War Powers Act, David Jenkins
Judicial Review Under A British War Powers Act, David Jenkins
Vanderbilt Journal of Transnational Law
This Article considers how U.K courts might exercise review under a hypothetical British "war powers act," in the event that the current Labour Government or an incoming Tory one responds to calls to reform the Royal War Prerogative and Parliament passes such a statute. The Article undertakes a comparative study, analyzing how U.S. courts apply the political question doctrine in war powers cases. It suggests that they apply the doctrine in a way that assesses the justiciability of the particular subject matter of a case, thereby supporting deference to the political branches in most war powers cases without foreclosing review …
The Problem With Arbitration Agreements, Stephen J. Choi
The Problem With Arbitration Agreements, Stephen J. Choi
Vanderbilt Journal of Transnational Law
Arbitration procedures today have become highly standardized. Institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the American Arbitration Association Center for International Dispute Resolution (AAA) each have detailed provisions for administering arbitration proceedings (often involving parties of different nationalities). Parties entering into arbitration can expect to have limited discovery, a hearing, and the ability to bring attorneys to the proceedings. While typically providing less process than formal court proceedings, the standardized nature of arbitration can lead parties to view arbitration much like court proceedings--a fixed, pre-determined process to settle disputes. Thomas …
From Unwritten To Written: Transformation In The British Common-Law Constitution, David Jenkins
From Unwritten To Written: Transformation In The British Common-Law Constitution, David Jenkins
Vanderbilt Journal of Transnational Law
This Article posits that the British Constitution is changing by incorporating written principles that restrain Parliament through judicial review. The Author asserts that this constitutional model has basis in the common law and the orthodox theories of Blackstone and Dicey. In addition, the "ultra vires" doctrine supports the model and provides a basis for judicial review of Parliament. As constitutions may accommodate written and unwritten elements of law, as well as various means of enforcement and change, the Author posits that constitutions are defined by how strongly they reflect underlying legal norms. With a shift in the rule of recognition …
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Russell L. Weaver, Geoffrey Bennett
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Russell L. Weaver, Geoffrey Bennett
Vanderbilt Journal of Transnational Law
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
The Refugee Act Of 1980--What Burden Of Proof: Controversy Lives On After "Stevic", Jeffrey S. Bivins
The Refugee Act Of 1980--What Burden Of Proof: Controversy Lives On After "Stevic", Jeffrey S. Bivins
Vanderbilt Journal of Transnational Law
This Article explores the burden of proof debate. First, it delves into the historical developments leading up to the Refugee Act then focuses on the Refugee Act's legislative history and on case law prior to the Supreme Court's decision in Stevic. Second, the Article discusses the Stevic opinion and the interpretation of Stevic in subsequent circuit court decisions. Third, it analyzes Stevic and the subsequent cases. The Article concludes with a look at what the future holds for the Refugee Act.
Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt
Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt
Vanderbilt Journal of Transnational Law
JUDICIAL REVIEW IN THE CONTEMPORARY WORLD
By Mauro Cappelletti
Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).
reviewer: Max Rheinstein
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THE PRICE OF INTERNATIONAL JUSTICE
Philip C. Jessup
New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.
reviewer: Eugene V. Rostow
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THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION
By Irving Louis Horowitz
New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).
reviewer: William O. Thweatt