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Full-Text Articles in Law
Allowing Genocide: An Analysis Of Armed Activities On The Territory Of The Congo, Jurisdictional Reservations, And The Legitimacy Of The International Court Of Justice, Dan Hammer
Minnesota Journal of International Law
No abstract provided.
Islamic Banking: Signs Of Sustainable Growth, Chian Wu
Islamic Banking: Signs Of Sustainable Growth, Chian Wu
Minnesota Journal of International Law
No abstract provided.
The Nine Lives Of Article 2(4), David Wippman
The Nine Lives Of Article 2(4), David Wippman
Minnesota Journal of International Law
No abstract provided.
Creating Failures In The Market For Tax Planning, Phillip A. Curry, Claire Hill, Francesco Parisi
Creating Failures In The Market For Tax Planning, Phillip A. Curry, Claire Hill, Francesco Parisi
Articles
In this paper we consider the role of governments in designing their policy for tax planning strategies. We consider two distinct types of social costs: the cost associated with lost tax revenue, and the cost that arises from taxpayers' search for new methods to reduce their tax burden. Inevitably, reducing one of these costs comes at the expense of increasing the other; the government faces a tradeoff. By recognizing these costs and the tradeoff the government faces, we can better understand current tax policy. Moreover, a wider recognition of the tradeoff described above, and a systematic consideration of how to …
Domestic Agreements, Brian H. Bix
Domestic Agreements, Brian H. Bix
Articles
In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a clich6, in discussions of family law and agreements, to point to Sir Henry Maine's famous quotation that society has moved "from Status to Contract."' I will not disappoint expectations here. The Maine quotation is usually offered ironically-and perhaps defiantly-in family law articles, as this is one area where status has stoutly, and largely successfully, resisted being overtaken by contract.
Real Estate Practice In The Twenty-First Century, Ann Burkhart
Real Estate Practice In The Twenty-First Century, Ann Burkhart
Articles
The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness.
Extraordinary Rendition And The Humanitarian Law Of War And Occupation, David Weissbrodt, Amy Bergquist
Extraordinary Rendition And The Humanitarian Law Of War And Occupation, David Weissbrodt, Amy Bergquist
Articles
The Geneva Conventions of 1949 were drafted in the wake of the Second World War to protect combatants and civilians during times of war and occupation. Half a century later, nearly every country has ratified the conventions; many provisions are recognized as customary international humanitarian law. Since September 11, 2001, there has been a heated debate over whether these laws of war apply to the conflicts with al Qaeda. Yet little attention has been devoted to the humanitarian law of occupation as it applies to the conflicts in Afghanistan and Iraq. This Article examines the practice of extraordinary rendition - …
In Search Of The Modern Skidmore Standard, Kristin Hickman, Matthew D. Krueger
In Search Of The Modern Skidmore Standard, Kristin Hickman, Matthew D. Krueger
Articles
This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five years worth of Skidmore applications in the federal courts of appeals. In the study, we evaluate two competing conceptions of Skidmore review - the independent judgment model and the theoretically more deferential sliding-scale model - and conclude that the appellate courts overwhelmingly follow the sliding scale approach. Also, contrary to two other, significantly more …
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner
Articles
This article introduces the role and function of truth commission and explores a number of the structural and institutional components which profoundly affect women's experiences of accountability in times of transition.
Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein
Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein
Articles
We are here today to celebrate and be challenged by a remarkable speech delivered by Dean Roscoe Pound on August 29, 1906. 1 We meet in the city where Dean Pound gave his historic address. On that occasion, Dean Pound was not Dean of the Harvard Law School, which he later became, but rather was the 36-year-old Dean of the University of Nebraska College of Law. 2 He was a well- educated man, having both a law degree from Northwestern University School of Law and a PhD in Botany from the University of Nebraska, 3 but he was not very …
Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld
Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld
Articles
No abstract provided.
Determinants Of Penal Policies, Michael Tonry
The Region And Taxation: School Finance, Cities, And The Hope For Regional Reform, Myron Orfield
The Region And Taxation: School Finance, Cities, And The Hope For Regional Reform, Myron Orfield
Articles
No abstract provided.
The Minnesota Fiscal Disparities Act Of 1971: The Twin Cities' Struggle And Blueprint For Regional Cooperation, Myron Orfield, Nicholas Wallace
The Minnesota Fiscal Disparities Act Of 1971: The Twin Cities' Struggle And Blueprint For Regional Cooperation, Myron Orfield, Nicholas Wallace
Articles
No abstract provided.
Laudatio: Pietro Trimarchi, Francesco Parisi
The Formation Of International Treaties, Vincy Fon, Francesco Parisi
The Formation Of International Treaties, Vincy Fon, Francesco Parisi
Articles
No abstract provided.
The International Intellectual Property Roots Of Geographical Indications, Ruth Okediji
The International Intellectual Property Roots Of Geographical Indications, Ruth Okediji
Articles
No abstract provided.
Looking Back To See The Future Of Punishment In America, Michael Tonry
Looking Back To See The Future Of Punishment In America, Michael Tonry
Articles
No abstract provided.
Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger
Lovers' Contracts In The Courts: Forsaking The Minimum Decencies, Judith T. Younger
Articles
No abstract provided.
When The Court Has A Party, How Many "Friends" Show Up? A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber
When The Court Has A Party, How Many "Friends" Show Up? A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber
Constitutional Commentary
No abstract provided.
The Progressive Political Power Of Balkin's "Original Meaning", Dawn Johnsen
The Progressive Political Power Of Balkin's "Original Meaning", Dawn Johnsen
Constitutional Commentary
No abstract provided.
Reconstruction And The Police: Two Ships Passing In The Night? Book Review Of: Reconstructing The Fourth Amendment: A History Of Search And Seizure, 1789-1868. By Andrew E. Taslitz, Donald A. Dripps
Constitutional Commentary
Book review: Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868. By Andrew E. Taslitz. New York, New York University Press. 2006. Pp. xi +363.
The Perpetual Anxiety Of Living Constitutionalism, Ethan J. Leib
The Perpetual Anxiety Of Living Constitutionalism, Ethan J. Leib
Constitutional Commentary
No abstract provided.
Warren Court Precedents In The Rehnquist Court, Frank B. Cross, Thomas A. Smith, Antonio Tomarchio
Warren Court Precedents In The Rehnquist Court, Frank B. Cross, Thomas A. Smith, Antonio Tomarchio
Constitutional Commentary
No abstract provided.
The Tensions Of Constitutional Democracy. Book Review Of: Constitutional Democracy: Creating And Maintaining A Just Political Order. By Walter F. Murphy, George Thomas
Constitutional Commentary
Book review: Constitutional Democracy: Creating and Maintaining a Just Political Order. By Walter F. Murphy. The Johns Hopkins University Press. 2007. Pp. xviii-547. Reviewed by: George Thomas
Abortion And Original Meaning, Jack M. Balkin
Abortion And Original Meaning, Jack M. Balkin
Constitutional Commentary
No abstract provided.
Original Meaning And Constitutional Redemption, Jack M. Balkin
Original Meaning And Constitutional Redemption, Jack M. Balkin
Constitutional Commentary
No abstract provided.
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
Constitutional Commentary
No abstract provided.
Original Interpretive Principles As The Core Of Originalism, John O. Mcginnis, Michael Rappaport
Original Interpretive Principles As The Core Of Originalism, John O. Mcginnis, Michael Rappaport
Constitutional Commentary
No abstract provided.
''Fairer Still The Woodlands" Mapping The Free Exercise Forest. Book Review Of: Religion And The Constitution: Free Exercise And Fairness. By Kent Greenawalt., John Jr. Witte
Constitutional Commentary
Book review: Religion and the Constitution: Free Exercise and Fairness. By Kent Greenawalt. Princeton University Press. 2006. Pp. xi+ 455. Reviewed by: John Witte, Jr.