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Articles 1 - 20 of 20
Full-Text Articles in Law
Guardianship As Genocide And Slavery And How Freedom Of Information Can Let Others Know If Persons Are Losing Rights In Certain States, James T. Struck
Guardianship As Genocide And Slavery And How Freedom Of Information Can Let Others Know If Persons Are Losing Rights In Certain States, James T. Struck
James T Struck
Guardianship May Be Like Slavery or Genocide as Guardians are Given Rights to Decide For Persons in Certain States or Nations and the Persons are Denied Rights to decide. Freedom of Information Act Programs Allow Other Nations or States to Know If Their Citizens or Persons of Their Ancestry are Being Held Without Rights Under Guardianship. Some Nations or States Have FOIA Programs While Others Probably Do Not Have Such Right to request records.
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua
Book Reviews
This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …
United States Ex Rel. Drc, Inc. V. Custer Battles, Llc, Steven E. Woodliff
United States Ex Rel. Drc, Inc. V. Custer Battles, Llc, Steven E. Woodliff
South Carolina Law Review
No abstract provided.
Piedmont Environmental Council V. Federal Energy Regulatory Commission, Christopher Brown
Piedmont Environmental Council V. Federal Energy Regulatory Commission, Christopher Brown
South Carolina Law Review
No abstract provided.
United States V. Squirrel, Rosalyn K. Singer
United States V. Squirrel, Rosalyn K. Singer
South Carolina Law Review
No abstract provided.
United States V. Vankesteren, Stephen Wills Murphy
United States V. Vankesteren, Stephen Wills Murphy
South Carolina Law Review
No abstract provided.
Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn S. Rosen
Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn S. Rosen
Faculty Scholarly Works
This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …
In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay
In Search Of "Laissez-Faire Constitutionalism", Matthew Lindsay
All Faculty Scholarship
This article is a response to Professor Jed Shugerman’s Economic Crisis and the Rise of Judicial Elections and Judicial Review, HARVARD LAW REVIEW (2010). Professor Shugerman argues that the widespread adoption of judicial elections in the 1850’s and the embrace by the first generation of elected judges of countermajoritarian rationales for judicial review helped to effect a transition from the active, industry-building state of the early nineteenth century to the "laissez-faire constitutionalism" of the Lochner era. This response argues that Professor Shugerman overstates the causal relationship between the elected judiciary’s robust constitutional defense of "vested rights" and the iconic, if …
State Extraterritorial Powers Reconsidered, Mark D. Rosen
State Extraterritorial Powers Reconsidered, Mark D. Rosen
All Faculty Scholarship
No abstract provided.
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn
Articles in Law Reviews & Other Academic Journals
Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …
The Legal Profession Behind Bars: A Balanced Approach To Reforming The Bar Exam And Multijurisdictional Legal Practice, Stephanie A. Nadler
The Legal Profession Behind Bars: A Balanced Approach To Reforming The Bar Exam And Multijurisdictional Legal Practice, Stephanie A. Nadler
Stephanie A Nadler
At one time there may have been sound reasons for confining a lawyer’s skills and practice to a particular state. But in today’s legal market, that practice is antiquated. This paper will argue that the current state-centered system of legal practice in the United States operates inefficiently, and, due in part to the evolving transnational legal environment, the system requires reform at the national level. While one may expect to find that a particular state competes for applicants to take the bar exam or for attorneys to practice in that state, such competition does not exist. In fact, the current …
Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe
Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe
Denver Journal of International Law & Policy
No abstract provided.
Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich
Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich
Faculty of Law - Papers (Archive)
No abstract provided.
The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield
The Delimitation Of Maritime Boundaries Of The Pacific Island States, Clive H. Schofield
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Pacific island States possess limited land territory but enormous maritime entitlements. Claims to maritime jurisdiction out to 200 nautical miles offshore, and in some cases the existence of continental shelf rights extending beyond the 200 mile limit, have resulted in overlapping claims and the creation of numerous “new” international maritime boundaries. The majority of these potential maritime boundaries both among the Pacific island States and between the Pacific island States and their maritime neighbours have yet to be delimited. The paper outlines relevant claims to maritime jurisdiction including recent submissions regarding outer continental shelf limits, explores how maritime boundaries …
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Future Of Oil And Gas Law, John S. Lowe
The Future Of Oil And Gas Law, John S. Lowe
Faculty Journal Articles and Book Chapters
Author’s thesis is simple: Oil and gas jurisprudence has a bright future. We live in a hydrocarbons world, and our economic system is not going to change dramatically overnight; we will continue to live in a world powered and heated by hydrocarbons for at least the next twenty years. In fact, world demand for oil and gas is likely to increase substantially. From the turn of the twenty-first century until mid-2008, the world watched as oil prices first inched upwards and then surged. The high energy costs that energized us until a year and a half ago (and that appear …
Special 301 And Access To Medicine In The Obama Administration, Sean Flynn
Special 301 And Access To Medicine In The Obama Administration, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson
Making The States Full Partners In A National Climate Change Effort: A Necessary Element For Sustainable Economic Development, John Dernbach, Robert Mckinstry, Thomas Peterson
John C. Dernbach
This article explains why states and localities need to be full partners in a national climate change effort based on federal legislation or the existing Clean Air Act. A large share of reductions with the lowest cost and the greatest co-benefits (e.g., job creation, technology development, reduction of other pollutants) are in areas that a federal cap-and-trade program or other purely federal measures will not easily reach. These are also areas where the states have traditionally exercised their powers—including land use, building construction, transportation, and recycling. The economic recovery and expansion will require direct state and local management of climate …
State Extraterritorial Powers Reconsidered, Mark D. Rosen
State Extraterritorial Powers Reconsidered, Mark D. Rosen
Mark D. Rosen
No abstract provided.