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Articles 1 - 16 of 16
Full-Text Articles in Law
Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield
Don’T Forget The Lawyers: Legal Human Capital And The Role Of Lawyers In Supporting The Rule Of Law, Gillian K. Hadfield
Gillian K Hadfield
No abstract provided.
Economic Emergency And The Rule Of Law, Bernadette A. Meyler
Economic Emergency And The Rule Of Law, Bernadette A. Meyler
Cornell Law Faculty Publications
Academic work extolling the merits of the "rule of law" both domestically and internationally abounds today, yet the meanings of the phrase itself seem to proliferate. Two of the most prominent contexts in which rule of law rhetoric appears are those of economic development and states of emergency. In the area of private law, dissemination of the rule of law across the globe and, in particular, among emerging market countries is often deemed a prerequisite for enhancing economic development, partly because it ensures that foreign investments will not be summarily expropriated and that contractual rights will not be frustrated by …
National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock
National Security And Immigration Policy: Reclaiming Terms, Measuring Success, And Setting Priorities, Margaret D. Stock
ExpressO
This paper offers a three-pronged framework for evaluating immigration-related security measures and tactics. First, does the measure or strategy relate to a legitimate security goal? Second, what does the measure propose to accomplish, will it be successful in achieving that end, and how can its success (or failure) be assessed? Third, is the measure worth the cost both in resources and opportunities foregone? The paper goes on to evaluate the US Government's recent implementation of the US-VISIT program against this framework.
Brazil's Ip Opportunism Threatens U.S. Private Property Rights, Lawrence A. Kogan
Brazil's Ip Opportunism Threatens U.S. Private Property Rights, Lawrence A. Kogan
University of Miami Inter-American Law Review
No abstract provided.
Post-Katrina New Orleans: The Strangely Vacant Article Ii Actor Denying Or Delaying Right Or Justice, Cynthia A. Drew
Post-Katrina New Orleans: The Strangely Vacant Article Ii Actor Denying Or Delaying Right Or Justice, Cynthia A. Drew
ExpressO
Because this work is not literature but at its most essential is a mirror of the conundrum presented by the rapidly approaching moment of Constitutional politics in our present American national life, that mirror perforce shows but a pastiche, a mosaic not yet complete, a jigsaw puzzle whose pieces keep shifting in space before they can be placed. As yet no “final answer” has appeared on any horizon to the dilemmas posed by the consequences of the Presidential actions analyzed in the Leitmotif -- particularly the decidedly non-heroic failures to act that had such lethal consequences for so many of …
La Reforma Política Pendiente, Jose Luis Sardon
La Reforma Política Pendiente, Jose Luis Sardon
Jose Luis Sardon
El presente artículo identifica las claves institucionales que explican las repetidas frustraciones políticas del Perú. Argumenta que existen problemas de diseño tanto en el sistema de gobierno como en el sistema de representación. El Perú tiene un sistema de gobierno seudopresidencial, en el cual predomina un Congreso fragmentado e irresponsable, debido a que es elegido a través de un sistema de representación proporcional. Para tener bases políticas propicias para el desarrollo de los mercados, se requiere una reforma de tales instituciones políticas.
The Abuse Of Rights And The Rule Of Law, Gianluigi Palombella
The Abuse Of Rights And The Rule Of Law, Gianluigi Palombella
Gianluigi Palombella
This article deals with the abuse that can be committed in the name of rights and of the rule of law, not against them. It explains the general characteristics of the concept of abuse from a legal point of view, on the part of the holder of a public power or of a right. Moreover, it addresses the way to identify the abuse itself by the means of legal arguments, and principles. Finally, it shows how resorting to the problem of abuse of power has been used as a tool for recognizing the habeas corpus to detainees in Guantanamo by …
The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl
The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl
Scholarly Articles
None available.
Rettungsfolter (“Rescue Torture”): Report On The Gäfgen V. Germany Case Pending Before The European Court On Human Rights, James Maxeiner
Rettungsfolter (“Rescue Torture”): Report On The Gäfgen V. Germany Case Pending Before The European Court On Human Rights, James Maxeiner
All Faculty Scholarship
This comment reports on a case pending before the European Court of Human rights which raises the question whether torture can ever be supported to save human life.
Moralizing In Public, Anita L. Allen
Are We There Yet?: Measuring Success Of Constitutional Reform, Maria Dakolias
Are We There Yet?: Measuring Success Of Constitutional Reform, Maria Dakolias
Vanderbilt Journal of Transnational Law
Like many other countries in the world, the United Kingdom has been modernizing its constitutional arrangements. But unlike all other countries, there is no codified, written constitution. Since 1997, that unwritten constitution has undergone a radical overhaul. Taken together, the changes to systems and institutions represent the most sustained program of reform in the United Kingdom for a century. The main question is whether these reforms were successful. What does success mean? As is well known, implementation is the key to success. So evaluating the reforms and discussing successes and challenges are not only important for the U.K. internal dialogue …
Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil
Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil
Michigan Law Review
This Article explores a startling and previously unnoticed line of cases in which state courts in the Jim Crow era ruled against white plaintiffs trying to use common law nuisance doctrine to achieve residential segregation. These "race-nuisance" cases complicate the view of most legal scholarship that state courts during the Jim Crow era openly eschewed the rule of law in service of white supremacy. Instead, the cases provide rich social historical detail showing southern judges wrestling with their competing allegiances to both precedent and the pursuit of racial exclusivity. Surprisingly, the allegiance to precedent generally prevailed. The cases confound prevailing …
Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin
Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin
Michigan Law Review
Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …
Torturing The Law, Jose A. Alvarez
Torturing The Law, Jose A. Alvarez
Case Western Reserve Journal of International Law
No abstract provided.
Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren
Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren
Case Western Reserve Journal of International Law
No abstract provided.
Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker
Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker
Christopher J. Walker
Too little attention has been paid to the role of judiciary in strengthening democracy and the rule of law in Latin America, with even less attention on the Argentine judicial system. In this paper, the role of the courts in consolidation will be examined through the Argentine case study. Part I outlines the current state of the literature on democratization and the rule of law with respect to Latin America, while Part II reviews what has been written about the Latin American judiciary and its influence on the rule of law. Part III evaluates the development of the judiciary and …