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Articles 1 - 28 of 28
Full-Text Articles in Law
The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley
The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley
Syracuse Journal of International Law and Commerce
The working group was charged with exploring virtually all facets of democracy and the rule of law, as they pertain to established constitutional democracies, societies undergoing "transitions to constitutional democracies," and those societies where democracy remains little more than a hopeful wish. Papers and much of the discussion during the two days probed beneath the structural formalities that are obvious and important requisites of democracy, to explore the subtexts of and cultural conditions for democracy and the rule of law, those features that may be so taken-for-granted that they usually go unacknowledged, let alone unexplored in discussion of democratic theory. …
Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry
Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry
Syracuse Journal of International Law and Commerce
The following three brief articles raise and address fundamental questions about the role of democracy at the regional and international levels. They examine the current status of democracy and the suggested "right to democracy" at international law, particularly in the Americas context. Developed from papers presented at a panel entitled "Democratic Norms and Regional Stability: Global Challenges and Responses in the Americas," these three pieces examine the current role of democracy in the region, including the role of the Inter-American Democratic Charter. The latter document, paralleled by provisions in the Charter of the Organization of American States and resolutions of …
A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy
A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy
Syracuse Journal of International Law and Commerce
This article briefly discusses the Democratic Charter-its creation, its perhaps murky legal status, and Chapter IV. But I have added new developments that took place after the ASIL meeting which further indicate the Democratic Charter represents an important expression of the progressive development of international law. Democratic government is required for every country in the Western Hemisphere. 8 But the Democratic Charter takes this internal domestic right and establishes it as an external collective right as well. The first article of the Democratic Charter clearly states that it is "[t]he peoples of the Americas [who] have a right to democracy …
The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably
The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably
Syracuse Journal of International Law and Commerce
The Inter-American Democratic Charter commits the OAS to respond to "an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state." The Declaration of Florida envisions the possibility of an OAS mechanism to "address[] situations that might affect the workings of the political process of democratic institutions or the legitimate exercise of power." Other organizations have similar commitments. MERCOSUR, a free trade association among several South American nations, agreed in 1996 to respond to any "interruption in the democratic order" of its members or associates. The Organization of African Unity formally bound itself in …
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Syracuse Journal of International Law and Commerce
The Rome Statute for the International Criminal Court (ICC) provides an ideal opportunity for Native American nations to begin attaining the rights and protections they have sought from the U.S. Government. Essentially, ratification would establish a legal relationship between Native American tribal governments and the ICC, as an international body, permitting Native American nations to interact independently with international organizations and States. Native Americans could help lay the foundation for establishing international legal personality-something previously denied by the United Nations (U.N.)-through ratification. In tum Native Americans would place pressure on the United States Government to recognize their political sovereignty. The …
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Syracuse Journal of International Law and Commerce
When bringing social science to the study of law, understanding the role of law in the process of social change is central. The great American example of social change influenced by law begins, of course, with the end of our Civil War, the freeing of the slaves, and continues through the establishment of segregation, the attacks upon it, desegregation and the development of affirmative action. May I suggest that another very important sequence of legal and social changes is the development and recognition of human rights in the European Union since · World War 11. In the first part of …
Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty
Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty
Syracuse Journal of International Law and Commerce
Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …
Breaking The Chain Of Violence In Israel And Palestine: Suicide Bombings And Targeted Killings Under International Humanitarian Law, Demian Casey
Syracuse Journal of International Law and Commerce
This note examines the legal justifications for these acts under international humanitarian law, in order to determine whether the law is sufficient to break the chain of suicide bombings and retaliatory assassinations in Israel and Palestine. The legal status of the suicide bombing of Egged Bus 32A and the retaliatory assassination of Shehadeh are examined as typical instances of violence that have marked the al-Aqsa Intifada. The attacks are analyzed to determine how the law should be applied to prevent this violence. Part I provides background information on the suicide bombing and retaliatory assassination. Part II discusses international humanitarian law …
Roads To Democracy, Lawrence M. Friedman
Roads To Democracy, Lawrence M. Friedman
Syracuse Journal of International Law and Commerce
Of course, "democracy" is not a simple concept; and no two systems that claim to be democracies are exactly the same. The "rule of law" is if anything an even more contested concept. For the purposes of this paper, we do not really need to define democracy rigorously. A society with a reasonable dose of freedom of speech and the press, freedom of religion, more or less fair elections, and the customary package of basic human rights, respected (on the whole) by the government, qualifies as a democracy. These will also tend to be societies that respect the rule of …
The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha
The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha
Syracuse Journal of International Law and Commerce
At the heart of the United States legal culture lie two core notions that exist in deep tension with one another: the idea that law is an instrument, and the rule of law ideal. Although they continue to coexist despite this tension, there are indications that the instrumental view of law is putting a serious strain on the rule of law ideal. The substantive version of the rule of law is the idea that there are legal limits on the government: there are certain things the government cannot do, even when exercising its sovereign lawmaking power. This version of the …
Constitutional Responsibility To Provide A System Of Free Public Schools: How Relevant Is The States' Experience To Shaping Governmental Obligations In Emerging Democracies?, Denise A. Hartman
Syracuse Journal of International Law and Commerce
This article will first briefly outline the evolution of public education in the United States from a national perspective. Next, it will focus in on a couple of states, Massachusetts and Pennsylvania, setting forth in more detail the history of public education in those states, the constitutionalization of the government's responsibility for public education in those states, and judicial interpretations of that constitutional responsibility. Finally, this paper will attempt to draw some inferences and propose a set of principles to guide the formulation of a national role for providing a system of public education in emerging constitutional democracies.
Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell
Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell
Syracuse Journal of International Law and Commerce
Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …
Do Free Markets Create Free Societies?, Samuel Krislov
Do Free Markets Create Free Societies?, Samuel Krislov
Syracuse Journal of International Law and Commerce
The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …
On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman
On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman
Syracuse Journal of International Law and Commerce
I was asked to comment on the topic of the conference as it relates to the United States. It is not simply my law background that persuaded me to focus on the issue of judicial supremacy. Examination of law and democracy in the United States at some point must tum its attention to the role of the courts, particularly the Supreme Court, in furthering democratic principles. A fundamental aspect of our democratic experience has been the institution of judicial review, the proposition that unelected, life-tenured judges have the power to declare that our elected representatives have acted unconstitutionally. This is …
Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "Apa" For Regulating Outsourced Government Work, David H. Rosenbloom, Suzanne J. Piotrowski
Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "Apa" For Regulating Outsourced Government Work, David H. Rosenbloom, Suzanne J. Piotrowski
Syracuse Journal of International Law and Commerce
Using state-of-the art "reinvented" public administration, which emphasizes steering rather rowing,2 the DOD outsourced creation of the database to a private firm, BeNow, Inc. In the process of reinventing its public administration the U.S. is "de-inventing" administrative law. More importantly, perhaps, it is doing so by default, that is, without serious and substantial public discussion and political debate on whether cost-effectiveness and other values associated with reinvented public administration should trump the norms embodied in administrative law. The readiness to accept the reinventers' vision of "a government that works better and costs less" is all the more striking in view …
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
Syracuse Journal of International Law and Commerce
This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from July 1, 2003 through June 30, 2004. Those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.
The Sarbanes-Oxley Act: A Detriment To Market Globalization & International Securities Regulation, W. C. Mclean
The Sarbanes-Oxley Act: A Detriment To Market Globalization & International Securities Regulation, W. C. Mclean
Syracuse Journal of International Law and Commerce
This Note illustrates, in light of current market globalization, how SOx is a detriment to market globalization, and how the International Organization of Securities Commissions ("IOSCO") is better suited than the SEC to govern and regulate international securities trading. First, this paper defines and examines market globalization, as well as U.S. and non-U.S. involvement (i.e., foreign involvement) in market globalization. Second, it addresses the means by which Congress regulates U.S. securities markets, specifically focusing on SOx and its affect on foreign companies traded on U.S. securities exchanges. Finally, this paper considers which regulatory body, the SEC or the IOSCO, would …
On Democratic Personalities, Robert W. Daly
On Democratic Personalities, Robert W. Daly
Syracuse Journal of International Law and Commerce
In Part I, I describe and discuss the ideal traits of a democratic personality, note the contribution of education to the acquisition of these traits, and describe other immature traits of personality that impede or preclude the emergence of a democratic personality. In Part II, I note how the traits of a democratic personality are or are not acquired through the processes of identity formation in late adolescence and early adulthood. Finally, I contrast the ideal traits of a democratic personality with other traits that can frustrate attempts to develop a democracy but which can contribute to successful adaptation in …
Democracy And The Arab World, David Shomar
Democracy And The Arab World, David Shomar
Syracuse Journal of International Law and Commerce
In the pursuit of spreading democracy (constitutional democracy) in the Arab world, a worthy goal in abstract terms, we should start by defining democracy. I found it more enlightening and necessary to dismiss certain false perceptions about what democracy is, before determining what a democracy might mean to us, let alone other cultures.
American Society And The Rule Of Law, Philip Selznick
American Society And The Rule Of Law, Philip Selznick
Syracuse Journal of International Law and Commerce
I am here to bring some thoughts about my own country's experience in trying to understand the meaning of the rule of law and to make good on its promise. I will have to take up some issues in jurisprudence, and also some aspects of American legal history. I do not apologize for combining jurisprudence and sociology of law, for that combination faithfully reflects what we are trying to achieve in the Jurisprudence and Social Policy Program (JSP) in the Boalt School of Law at the University of California, Berkeley. I begin with some comments on the meaning of the …
Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry
Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry
Syracuse Journal of International Law and Commerce
In the last 25 years, however, the Member States of the Organization of American States have allowed democracy to play an even stronger role in the operation of the Organization. Several resolutions, declarations, and an amendment to the OAS Charter have made a non-democratic transition of government a ground for suspension of a Member State's right to participate in either the Organization of American States or Summit of the Americas. This process started with Resolution 1080 on "Representative Democracy" in 1991, and was further grounded and developed in the Protocol of Washington of 1992, the Declaration of Quebec City of …
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Syracuse Journal of International Law and Commerce
How does the American experience with democracy contribute to our understanding of the prospects for, and paths to, democracy worldwide?" Another half of the papers prepared for the Conference deal with the experience of other countries, many of them moving toward rule-of-law democracy. Taken together, they represent a sample of our present knowledge-and they suggest new directions for future research. Communities with certain qualities contribute to the development and sustaining of democracy. The qualities to which I refer include: mutual respect across lines of division and the creative composition of differences. At Syracuse, we saw two kinds of community: local …
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Syracuse Journal of International Law and Commerce
The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
Syracuse Journal of International Law and Commerce
This article on law and democratic development will focus on Brown v. Board of Education. We celebrated the fiftieth anniversary of Brown I in the year 2004 and we celebrated the fiftieth anniversary of Brown II in the year 2005. I know that Brown is an important event on which to anchor an analysis of law and democratic development because of a conference I attended in April 2004, in South Africa. The conference was sponsored by the University of Pretoria and was staged for the purpose of celebrating the tenth anniversary of South Africa as a democracy and the fiftieth …
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Syracuse Journal of International Law and Commerce
FDR promoted U.S. participation in the United Nations in several ways. In this article I focus on his use of mass communication to reach individuals and families in the U.S. In his ''fireside chats, " he empathically addressed widely experienced problems and then proposed solutions requiring publicly supported governmental actions. In his first term, that technique gained Roosevelt popular support for the New Deal programs. In his second term, FDR turned the nation's attention to the international situation, drawing on the motivations he had earlier tapped. In the 1940 election, both major parties chose internationalist candidates, and Roosevelt was able …
Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole
Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole
Syracuse Journal of International Law and Commerce
Two international Tribunals recently examined what level of direction and control has to be wielded by a State over military or paramilitary groups to make a non-international conflict an international one. The general view perceives the holdings of both tribunals to be in conflict, this article maintains that they are not. It argues that both tribunals were weighing factors, and that every court of first instance always has to weigh these factors to decide whether acts of armed groups can be attributed to a State.