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Articles 1 - 3 of 3
Full-Text Articles in Law
A Global Convention On Choice Of Court Agreements, Ronald A. Brand
A Global Convention On Choice Of Court Agreements, Ronald A. Brand
Articles
This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at …
Courts As Forums For Protest, Jules Lobel
Courts As Forums For Protest, Jules Lobel
Articles
For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely forums to settle private disputes, but can also be used as instruments of societal change. Academics termed the emerging model the hein"public law" or "institutional reform" model.
The ongoing debate between these two views of the judicial role has obscured a third model of the role …
Tax Protest, A Homosexual, And Frivolity: A Deconstructionist Meditation, Anthony C. Infanti
Tax Protest, A Homosexual, And Frivolity: A Deconstructionist Meditation, Anthony C. Infanti
Articles
In this contribution to a symposium entitled Out of the Closet and Into the Light: The Legal Issues of Sexual Orientation, I recount and then ponder the story of Robert Mueller. Mueller, a gay man, spent more than a decade protesting the discriminatory treatment of gays and lesbians under the Internal Revenue Code. As a result of his tax protest, Mueller was jailed for more than a year, and then was twice pursued by the IRS for taxes and penalties. In pondering Mueller's story, I consider it both as a telling example of the forcible closeting of gay and lesbian …