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Articles 2371 - 2400 of 10761
Full-Text Articles in Law
Complementarity And Human Rights: A Litmus Test For The International Criminal Court, Jessica Almqvist
Complementarity And Human Rights: A Litmus Test For The International Criminal Court, Jessica Almqvist
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Toward A Community Of International Judges, Daniel Terris, Cesare P.R. Romano, Leigh Swigart
Toward A Community Of International Judges, Daniel Terris, Cesare P.R. Romano, Leigh Swigart
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Squaring The Circle? Independent And Impartiality Of Party-Appointed Adjudicators In International Legal Proceedings, Yuval Shany
Squaring The Circle? Independent And Impartiality Of Party-Appointed Adjudicators In International Legal Proceedings, Yuval Shany
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Solange-Method As A Tool For Regulating Competing Jurisdictions Among International Courts And Tribunals, Nikolaos Lavranos
The Solange-Method As A Tool For Regulating Competing Jurisdictions Among International Courts And Tribunals, Nikolaos Lavranos
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Multilevel Judicial Governance As Guardian Of The Constitutional Unity Of International Economic Law, Ernst-Ulrich Petersmann
Multilevel Judicial Governance As Guardian Of The Constitutional Unity Of International Economic Law, Ernst-Ulrich Petersmann
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
As A Negative Right, Article 25 Can Have A Positive Effect Combating Japan's Poverty, Amelia S. Kegan
As A Negative Right, Article 25 Can Have A Positive Effect Combating Japan's Poverty, Amelia S. Kegan
Washington International Law Journal
Article 25 of the Showa Constitution guarantees everyone in Japan a minimum standard of “wholesome and cultured living.” Contrary to the force originally envisioned by the Constitution’s framers, the Supreme Court of Japan has interpreted the provision as merely a programmatic declaration that guides the legislature rather than as an enforceable right under which an individual may sue. As a result, individuals cannot seek relief from the judiciary for Article 25 violations. The Supreme Court should recognize Article 25 also as a negative, concrete right, allowing individuals to seek judicial relief when the government fails to appropriately apply laws intended …
Post-Conflict Administrations As Democracy-Building Instruments, Jean D'Aspremont
Post-Conflict Administrations As Democracy-Building Instruments, Jean D'Aspremont
Chicago Journal of International Law
The period that stretches from the end of the Cold War until today has weathered the emergence of a large number of new states. With each addition, the international community has striven to regulate statehood and rein in its most erratic and unpredictable manifestations. In particular, the international community has tried to affect what kind of political regimes are set up in these new states. The multi-dimensional administration established by States or International Organizations to (re)build governmental institutions in territories where the governments have floundered completely have constituted an useful instrument to reach that goal. This strategy, while costly, has …
Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew
Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew
Washington International Law Journal
This Article examines the concrete efforts and programs of the Singapore judiciary to maintain and enhance access to justice for the poor. This examination is undertaken via overlapping economic, procedural, and institutional approaches. The Article will examine three main contentions. First, that the Singapore judiciary’s concrete efforts in maintaining and promoting access to justice for the poor have been fairly comprehensive and pro-active. Second, that abstract constitutional discourse on the right of access to justice and the associated rights of legal representation and legal aid are virtually absent in Singapore. Thus, the judicial practice for enhancing access to justice for …
Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen
Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen
American University Law Review
No abstract provided.
Transcript: Left Out In The Cold? The Chilling Of Speech, Association, And The Press In Post-9/11 America , American University Law Review
Transcript: Left Out In The Cold? The Chilling Of Speech, Association, And The Press In Post-9/11 America , American University Law Review
American University Law Review
No abstract provided.
Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel
Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel
American University Law Review
No abstract provided.
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
Reforming Fourth Amendment Privacy Doctrine, Jim Harper
American University Law Review
No abstract provided.
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee
American University Law Review
No abstract provided.
Mediation And The Art Of Regulation, Nadja Alexander
Mediation And The Art Of Regulation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In a political climate filled with talk of how to best regulate mediation, it is surprising that so little regulatory theory has been brought into the discussion. The aim of this paper is to provide a conceptual framework for informed debate in relation to the regulation of mediation. The framework comprises two parts. First, four international regulatory trends in mediation are introduced: the market-contract, self-regulatory, formal framework and formal legislative approaches. Against this background the second part deals with the specific content of regulatory provisions on mediation. The resulting framework is called the Mediation Mix, which brings form and content …
Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay
Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper is not a detailed denial of the difference between organised crime as the aggregation of illicit wealth, and terrorism which may not be concerned with economic profit. It takes as given the primary political context for terrorism and the enterprise environment of organised crime.
Brief For Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition, Caroline Brady, Preston Mclane, Ramona Thomas
Brief For Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition, Caroline Brady, Preston Mclane, Ramona Thomas
Pace Environmental Law Review
No abstract provided.
Brief For Laconic Baykeeper, Inc., Ima Fisher, Sam Schwimmer, Appellants/Cross-Appellees: Twentieth Annual Pace National Environmental Law Moot Court Competition, Alena Buitrago, Megan Bussey, Mindy Nunez
Brief For Laconic Baykeeper, Inc., Ima Fisher, Sam Schwimmer, Appellants/Cross-Appellees: Twentieth Annual Pace National Environmental Law Moot Court Competition, Alena Buitrago, Megan Bussey, Mindy Nunez
Pace Environmental Law Review
No abstract provided.
The Uneasy Case For Transjurisdictional Adjudication, Jonathan Remy Nash
The Uneasy Case For Transjurisdictional Adjudication, Jonathan Remy Nash
Public Law and Legal Theory Working Papers
Federal courts often decide cases that include matters of state law, while state courts often decide cases that raise matters of federal law. Most of these cases are decided within the court system in which they originate. Recent commentary advocates more transjurisdictional adjudication through the expanded use of existing procedural devices, and development of new devices. Some commentators endorse greater use of certification by federal courts, while others advocate greater use of transjurisdictional procedural devices to increase the availability of a federal forum to resolve federal legal issues. In this Article, I call for refinement of this approach and argue …
Documenting Discrimination?, Thomas J. Miles, Adam B. Cox
Documenting Discrimination?, Thomas J. Miles, Adam B. Cox
Public Law and Legal Theory Working Papers
No abstract provided.
Emotions, Values And The Construction Of Risk, Susan A. Bandes
Emotions, Values And The Construction Of Risk, Susan A. Bandes
Public Law and Legal Theory Working Papers
No abstract provided.
Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan
Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan
Publications
No abstract provided.
The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort
The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort
Faculty Scholarship
When water decisions are made, water lawyers are central fi gures, and decisions are made within the framework of the governing institutions. In this essay, I discuss legal education and the training of a water lawyer. Students from other disciplines may seek out legal education, so approaches to their education are considered.
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Missouri Law Review
This paper will examine some theoretical aspects of contractual non-disclosure and the related doctrine of unilateral mistake. These two legal rubrics are conceptually similar; each is concerned with the degree to which parties must communicate their understandings about the nature of the contract into which they are about to enter. If one party fails to reveal enough information, the other party may enter into the agreement under a misunderstanding and consequently may attempt to avoid contractual liability on the basis of mistake or on a theory of nondisclosure. The law of contracts clearly attaches a great deal of importance to …
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Missouri Law Review
"Willful" infringement is alleged in over 90% of patent cases. This is primarily because, under the Patent Act and Federal Circuit case law, a finding of willful infringement gives trial judges the discretion to award treble damages and attorney's fees to the patentee. Given that patent infringement actions can carry litigation fees of two million dollars or more, an award of punitive damages is a serious threat to accused infringers. A common and powerful defense to a willful infringement allegation is reasonable reliance on an opinion of counsel. Using this defense, the accused infringer can prove he acted in good …
Conforming Doctrine To Practice: Making For Collateral Consequences In The Missouri Mootness Analysis, Zachary C. Howenstine
Conforming Doctrine To Practice: Making For Collateral Consequences In The Missouri Mootness Analysis, Zachary C. Howenstine
Missouri Law Review
As the collateral consequences of court judgments gain increased recognition, courts in many states have modified traditional doctrinal approaches to mootness in order to give due regard to these repercussions. Missouri has not formally joined these states, yet a survey of recent mootness analyses within the state indicates that courts are seeking to allow for consideration of such consequences in spite of the doctrinal constraints. This tension has been most evident in appellate review of expired orders of protection for domestic violence, and the result has been vast inconsistency both in how courts approach the issue and how it is …
Is It Hot In Here - The Eighth Circuit's Reduction Of Fourth Amendment Protections In The Home, William E. Marcantel
Is It Hot In Here - The Eighth Circuit's Reduction Of Fourth Amendment Protections In The Home, William E. Marcantel
Missouri Law Review
Several years ago, the United States military developed thermal imaging technology for targeting and reconnaissance purposes which law enforcement agencies subsequently adopted as a means of conducting surveillance in support of counter-narcotics efforts. Police use thermal imaging devices in counter-narcotics operations by scanning buildings and homes in order to determine higher heat emissions from buildings. These higher than normal thermal readings of homes act as indicators of possible marijuana grow operations due to the high output of heat from the indoor lamps commonly used for such activities. Even though a majority of jurisdictions have held that a thermal imaging scan …
Bundled Discounts: The Ninth Circuit And The Third Circuit Are On Separate Lepage's , Blake I. Markus
Bundled Discounts: The Ninth Circuit And The Third Circuit Are On Separate Lepage's , Blake I. Markus
Missouri Law Review
Most courts and commentators agree that the ultimate goal of antitrust is efficiency. Accordingly, an antitrust aim is to guarantee competitive markets, which both increases output and lowers prices to the benefit of consumers. Bundled discounts, packages of goods put together by a seller that are sold at a lower price than if each good were purchased separately, may provide a means of enhancing competition. Such bundles are prevalent in nearly every market including fast food value meals, season tickets to sporting events, and buy one, get one half-price schemes. Sellers provide bundled discounts for a variety of reasons including …
Retaliatory Measures As Sanctions Under The World Trade Organization, Mohamed Elshahat Adly El-Yamany
Retaliatory Measures As Sanctions Under The World Trade Organization, Mohamed Elshahat Adly El-Yamany
Archived Theses and Dissertations
No abstract provided.