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Articles 1 - 14 of 14
Full-Text Articles in Law
Daubert And The States: A Critical Analysis Of Emerging Trends, Clark Hedger
Daubert And The States: A Critical Analysis Of Emerging Trends, Clark Hedger
Saint Louis University Law Journal
No abstract provided.
State Sovereignty And Human Rights, Jack Donnelly
State Sovereignty And Human Rights, Jack Donnelly
Human Rights & Human Welfare
Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …
Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO
11 slides
The United States Supreme Court's Indecision In Green Tree Financial Corporation V. Bazzle: A Class Act, Michael Oliver Eckard
The United States Supreme Court's Indecision In Green Tree Financial Corporation V. Bazzle: A Class Act, Michael Oliver Eckard
South Carolina Law Review
No abstract provided.
Just Say Yes: Sell V. United States And Inadequate Limitations On The Forced Medication Of Defendants In Order To Render Competence For Trial, Aaron R. Dias
South Carolina Law Review
No abstract provided.
Exorcising The Ghost: Finding A Right And A Remedy In Article 36 Of The Vienna Convention On Consular Relations, Emily Deck Harrill
Exorcising The Ghost: Finding A Right And A Remedy In Article 36 Of The Vienna Convention On Consular Relations, Emily Deck Harrill
South Carolina Law Review
No abstract provided.
Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena
Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Promise And Perils Of State-Based Road To Universal Health Insurance In The U.S., Carol S. Weissert
Promise And Perils Of State-Based Road To Universal Health Insurance In The U.S., Carol S. Weissert
Journal of Health Care Law and Policy
No abstract provided.
The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams
The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams
Cleveland State Law Review
There are a number of tentative conclusions that may be reached based on this selective analysis of the Ohio Supreme Court's first decade of experience with the New Judicial Federalism. First, the court is to be commended for taking the first steps toward recognizing the Ohio Constitution as a document of independent political and legal force. The Arnold decision, together with the others discussed in this article, serve to alert the lower bench, the bar, the media, and students and professors to the potential contained within state constitutions. Next, to the extent that there is inconsistency to be detected in …
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Courts Over Constitutions Revisited: Unwritten Constitutionalism In The States, Thomas B. Mcaffee, Nathan N. Frost, Rachel Beth Klein-Levine
Courts Over Constitutions Revisited: Unwritten Constitutionalism In The States, Thomas B. Mcaffee, Nathan N. Frost, Rachel Beth Klein-Levine
Scholarly Works
A good deal of modern debate in constitutional law has concerned the appropriate methods for construing constitutional rights. But the focus on “individual rights” has sometimes prompted us to pay too little attention to the “right” deemed most fundamental by those who brought us the state and federal constitutions: the right of the people collectively to make determinations about how they should be governed. The author demonstrates that the key to understanding the development of the power of judicial review, both by the United States Supreme Court and by the highest courts of the states, is to perceive courts as …
Chevron And Preemption, Nina A. Mendelson
Chevron And Preemption, Nina A. Mendelson
Articles
This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.