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Articles 1 - 6 of 6

Full-Text Articles in Law

A “Full And Fair” Trial: Can The Executive Ensure It Alone? The Case For Judicial Review Of Trials By Military Commissions At Guantanamo Bay, Jennifer A. Lohr Apr 2005

A “Full And Fair” Trial: Can The Executive Ensure It Alone? The Case For Judicial Review Of Trials By Military Commissions At Guantanamo Bay, Jennifer A. Lohr

Duke Journal of Comparative & International Law

No abstract provided.


Institutional Settlement In A Globalizing Judicial System, Ernest A. Young Mar 2005

Institutional Settlement In A Globalizing Judicial System, Ernest A. Young

Duke Law Journal

This article argues that the field of "Federal Courts" scholarship ought to expand to consider the relations not just between state and federal courts, but also between domestic courts and judicial institutions operating at the international level. Both relationships raise similar sorts of "interjurisdictional" problems-issues of standards of review, abstention, procedural defaults, and the like. Moreover, the study of supranational courts would benefit from the Legal Process jurisprudence that dominates the field of domestic Federal Courts law. In particular, I emphasize Henry Hart and Al Sacks' notion of "institutional settlement," which holds that decisions should be allocated to particular institutions …


Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane Jan 2005

Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane

Villanova Environmental Law Journal

No abstract provided.


Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott Jan 2005

Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott

Villanova Environmental Law Journal

No abstract provided.


The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu Jan 2005

The Spirit Or The Letter Of The Law: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Strikes A Blow For Justice With Questionable Regulatory Interpretation, Mattei I. Radu

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Rubber-Stamping V. Probing Review - The Judicial Role In Enforcing The Substantive Requirements Of The National Forest Management Act: Lands Council V. Powell, Jamie Kester Jan 2005

Rubber-Stamping V. Probing Review - The Judicial Role In Enforcing The Substantive Requirements Of The National Forest Management Act: Lands Council V. Powell, Jamie Kester

Villanova Environmental Law Journal

No abstract provided.