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Articles 181 - 201 of 201
Full-Text Articles in Law
Forum Shopping For Human Rights, Laurence R. Helfer
Forum Shopping For Human Rights, Laurence R. Helfer
Faculty Scholarship
The article analyzes a growing trend in international human rights law: the submission of petitions by aggrieved individuals to multiple human rights courts, tribunals, or treaty bodies, each of which is authorized to review the petition and to determine whether the individuals? rights have been violated. Most commentators have viewed this practice of "forum shopping for human rights" as a danger to be avoided. This article questions that conventional wisdom and offers in its place a re-envisioning of the human rights petition system. Although efficiency, finality and other concerns weigh against some varieties of duplicative review, this article argues that …
Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin
Stepping Into The Same River Twice: Rapidly Changing Facts And The Appellate Process, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Inadvertent Disclosure Of Priveleged Information And The Law Of Mistake: Using Substantive Legal Principles To Guide Ethical Decision Making, Trina Jones
Faculty Scholarship
No abstract provided.
Anachronism Of The Moral Sentiments? Integrity, Postmodernism, And Justice, James Boyle
Anachronism Of The Moral Sentiments? Integrity, Postmodernism, And Justice, James Boyle
Faculty Scholarship
No abstract provided.
Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington
Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
This Article endorses the view of such political "conservatives" as Robert Bork, Pat Buchanan, Orrin Hatch, and Ed Meese that the Constitution of the United States is deeply flawed in conferring too large a political role on life-tenured Supreme Court Justices. It argues that a constitutional amendment to correct excessive judicial independance is long overdue, a conclusion, it contends, that ought be shared by all who believe, as the author does, that the right to self-government is the parent right on which our civil liberties and the market economy ultimately depend and that healthy institutions of self-government require substantial devolution …
The Unnecessary Victims’ Rights Amendment, Robert P. Mosteller
The Unnecessary Victims’ Rights Amendment, Robert P. Mosteller
Faculty Scholarship
The principle purpose of this essay is to examine the major justifications advanced by supporters of the proposed Victims' Rights Amendment (the "Amendment") that they contend to require victims' rights to be protected through the unique form of a constitutional amendment. I begin with what should be an uncontroversial proposition: proponents of an amendment to the United States Constitution bear a heavy burden of persuasion and must be able to justify enactment of the amendment on substantive grounds. I conclude that the Amendment is unnecessary, and therefore its proponents simply have not made their case.
Regulating Scientific Research: Intellectual Property Rights And The Norms Of Science, Arti K. Rai
Regulating Scientific Research: Intellectual Property Rights And The Norms Of Science, Arti K. Rai
Faculty Scholarship
No abstract provided.
Towards A Centralized Perfection System For Cross-Border Receivables Financing, Steven L. Schwarcz
Towards A Centralized Perfection System For Cross-Border Receivables Financing, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Sovereign Debt Restructuring: A Bankruptcy Reorganization Approach, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
What Are Law Libraries For?, Richard A. Danner
What Are Law Libraries For?, Richard A. Danner
Faculty Scholarship
No abstract provided.
Law Libraries And Technology, Richard A. Danner
Law Libraries And Technology, Richard A. Danner
Faculty Scholarship
No abstract provided.
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk
In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk
Faculty Scholarship
No abstract provided.
Sen And The Hart Of Jurisprudence: A Critique Of The Economic Analysis Of Judicial Behavior, Neil S. Siegel
Sen And The Hart Of Jurisprudence: A Critique Of The Economic Analysis Of Judicial Behavior, Neil S. Siegel
Faculty Scholarship
This Comment argues that economic analysis provides an inadequate account of judicial behavior because economic models are incompatible with a jurisprudence that recognizes basic rule-of-law values. Whereas standard economic theory is committed to thinking of a judge as exclusively self-interested, two fundamental problems with this conception exist. First, as application of Amariya Sen's critique of the behavioral foundations of economic theory to judicial behavior reveals, the decision of a judge who meets her judicial obligations may fail to maximize her self-interest. Second, even if the self-interest-maximizing decision coincides with the behavior that her judicial obligations require; economic models still fail …
The Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz
The Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
A New American Foreign Affairs Law?, Curtis A. Bradley
A New American Foreign Affairs Law?, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
The Police-Ization Of The Military, Charles J. Dunlap Jr.
The Police-Ization Of The Military, Charles J. Dunlap Jr.
Faculty Scholarship
This essay will briefly review the background of the use of the armed forces in a police capacity, discuss the growth of that role in the I980s and 1990s, and forecast an even greater expansion into that role in the near future due to the emerging threat of "catastrophic terrorism." It will contend that this increased reliance on military resources for policing is not in the interest of either the armed forces or the public. Finally, it will make some observations with a view towards minimizing the dangers of police-ization of the military while ensuring the Nation's public safety.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Book Review, Matthew D. Adler
Book Review, Matthew D. Adler
Faculty Scholarship
Reviewing, Incommensurability, Incomparability and Practical Reason (Ruth Chang ed., 1997)
Foreword, Christopher H. Schroeder
Foreword, Christopher H. Schroeder
Law and Contemporary Problems
No abstract provided.