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Articles 31 - 60 of 281
Full-Text Articles in Law
The New Afghan Constitution: "Equal Rights" For Women, Ann Davey
The New Afghan Constitution: "Equal Rights" For Women, Ann Davey
Buffalo Women's Law Journal
No abstract provided.
France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder
France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder
Buffalo Women's Law Journal
No abstract provided.
Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin
Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin
Buffalo Public Interest Law Journal
No abstract provided.
Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova
Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova
Buffalo Human Rights Law Review
No abstract provided.
The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King
The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King
Buffalo Human Rights Law Review
No abstract provided.
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
Comparative Constitutionalism In A New Key, Paul W. Kahn
Comparative Constitutionalism In A New Key, Paul W. Kahn
Michigan Law Review
Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is …
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Alternative Forms Of Judicial Review, Mark Tushnet
Alternative Forms Of Judicial Review, Mark Tushnet
Michigan Law Review
The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design features that operate at the next lower level. Here legislatures …
This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser
This Is Not Like Any Other Legal Question: A Brief History Of Nazi Law Before British And American Courts, David Fraser
ExpressO
No abstract provided.
The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman
The Enforcement Of Local Judgments In Mexico: An Analysis Of The Quantitative & Qualitative Perceptions Of The Judiciary & Legal Profession, Rfobert M. Kossick Jr., Marcelo Bergman
University of Miami Inter-American Law Review
No abstract provided.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
Pesification And Economic Crisis In Argentina: The Moral Hazard Posed By A Politicized Supreme Court, Becky L. Jacobs
Pesification And Economic Crisis In Argentina: The Moral Hazard Posed By A Politicized Supreme Court, Becky L. Jacobs
University of Miami Inter-American Law Review
No abstract provided.
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
The Case Against Same-Sex Marriage In Canada: Law And Policy Considerations, Jane Adolphe
Brigham Young University Journal of Public Law
No abstract provided.
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Some Wrongs And (Human) Rights In The English Same-Sex Marriage Debate, John Murphy
Brigham Young University Journal of Public Law
No abstract provided.
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
Michigan Law Review
The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …
Politics Without Democracy: A Study Of The New Principal Officials Accountability In Hong Kong, Christine Loh, Richard Cullen
Politics Without Democracy: A Study Of The New Principal Officials Accountability In Hong Kong, Christine Loh, Richard Cullen
San Diego International Law Journal
his Article seeks to discuss a range of issues related to the POAS. These issues include: The "one country, two systems" framework; The background to the introduction of the POAS; The fundamentals of the POAS; The notion of accountability pre- and post-POAS; An evaluation of executive government systems; The issues arising from the implementation of POAS; and, A best practice ministerial model for Hong Kong.
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
San Diego International Law Journal
This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the …
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
San Diego International Law Journal
This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The …
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown
Washington International Law Journal
In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Recent Intensification Of Investor Protection In The Korean Securities Market: The Mandatory And Fair Disclosure Systems, Kwang-Rok Kim
Washington International Law Journal
This Article analyzes the Korean fair disclosure system and the Korean mandatory disclosure system under the Korean Securities and Exchange Act ("KSEA"). After the turbulence in the financial markets resulting from the economic crises of late 1997, the South Korean government realized that the Korean economy had failed to keep pace with the world economy. The Korean economy underwent many changes after being offered financial relief from the International Monetary Fund. As part of these changes, the government adopted a series of structural reform measures to improve the standard of corporate governance and enhance corporate management. The KSEA now provides …
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook
Washington International Law Journal
Despite numerous laws that guarantee women equal rights and prohibit violence, the current Cambodian legal system has proven inadequate to combat spousal abuse. In response, the Royal Government of Cambodia has proposed a draft-law specifically aimed at domestic violence. However, if enforcement of current Cambodian law in domestic violence situations is any indication, the proposed law has little hope of implementation. Current cultural paradigms make the Cambodian police and the public at large view domestic violence as a private matter rather than a crime. Thus, Cambodia is in need of new strategies to reduce domestic violence. Cambodia is not alone …
Private Enforcement Of Securities Fraud Law In China: A Critique Of The Supreme People's Court 2003 Provisions Concerning Private Securities Litigation, Guiping Lu
Washington International Law Journal
On January 9, 2003, China's Supreme People's Court issued a new ruling with detailed provisions governing private securities litigation involving disclosure of false or misleading information. The new ruling is expected to play an important role in regulating and developing China's securities markets by providing a necessary judicial safeguard against infringement upon investors' interests. The new ruling, however, is unlikely to achieve its expected effect due to various procedural and substantive hurdles to investor access to judicial recourse. The built-in procedural hurdles either make it very difficult for securities investors to bring private actions, or, in some circumstances, deprive them …
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Alternative Dispute Resolution As A Means Of Access To Justice In The Russian Federation, Elena Nosyreva, Douglas Carman, Dana Tumenova
Washington International Law Journal
This Article represents recent scholarship in Russian jurisprudence concerning the use of alternative dispute resolution procedures. It was written by a professor who is an active participant in law reform projects addressing the problems of elaborating legislation to articulate the rights and duties of parties involved in economic and other disputes. This Article covers three forms of dispute resolution—negotiations, claims-based dispute resolution, and mediation—and identifies characteristics of these procedures that are peculiar to the Russian context. By reviewing the forms of conflict resolution employed in Soviet-era command economy and exploring the contours of contemporary Russian "legal culture," the Article attempts …
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
Washington International Law Journal
Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
The Pain Of Love: Spousal Immigration And Domestic Violence In Australia—A Regime In Chaos?, E. Odhiambo-Abuya
Washington International Law Journal
A fundamental step that the 1994 Australian Migration Regulations developed into the immigration framework was to grant certain concessions to non-Australian spouses and interdependent partners who suffer domestic violence at the hands of their Australian counterparts. Victims of domestic violence are eligible to apply for permanent residence notwithstanding the otherwise applicable two-year waiting period. To understand the domestic violence exception, this Article explores the jurisprudence that has emerged from courts and other immigration tribunals. The Article proposes that further legislative and policy changes should be made in order to seal identified "gaps," and to provide clear guidance to interested parties, …
State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan
State, Islam, And Religious Liberty In Modern Turkey: Reconfiguration Of Religion In The Public Sphere, Talip Kucukcan
BYU Law Review
No abstract provided.
New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson
New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson
BYU Law Review
No abstract provided.
Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross
Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross
BYU Law Review
No abstract provided.
Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic
Achievements And Future Goals Of The Government Of Serbia In The Field Of Religious Freedom, Dusan Rakitic
BYU Law Review
No abstract provided.