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Full-Text Articles in Law

European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa Nov 2014

European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart Nov 2014

The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan Nov 2014

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I-- General Discussion, Georgia Journal Of International And Comparative Law Nov 2014

Panel I-- General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


United States Ratification Of The United Nations Covenants, Richard B. Lillich Nov 2014

United States Ratification Of The United Nations Covenants, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab Nov 2014

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.


United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn Nov 2014

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter Nov 2014

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski Nov 2014

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.


Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell Nov 2014

Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell

Georgia Journal of International & Comparative Law

No abstract provided.


Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn Nov 2014

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu Nov 2014

Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides Nov 2014

Immigration - Asylum - Deportation - Standards To Be Met By Illegal Aliens Applying For Withholding Of Deportation And Political Asylum, Mendoza Perez V. Ins, 902 F.2d 760 (9th Cir. 1990), Theodosia Gavatides

Georgia Journal of International & Comparative Law

No abstract provided.


State Taxation - Unitary Business/Formula Apportionment Tax Accounting Method - Application Of A Three Factor Formula To Apportion Income Of Foreign-Parent Corporations For State Tax Reporting Purposes Does Not Violate The Commerce Clausse Or The Due Process Clause Of The U.S. Constitution - Barclay's Bank Int'l, Ltd. V. Franchise Tax Bd., 10 Cal. App. 4th 1742, 14 Cal. Rptr. 2d 537 (Cal. Ct. App. 1992), Modified Reh'g Denied, 11 Cal. App. 4th 1678a (Cal. Ct. App. 1992)., Sarah B. Pierce Oct 2014

State Taxation - Unitary Business/Formula Apportionment Tax Accounting Method - Application Of A Three Factor Formula To Apportion Income Of Foreign-Parent Corporations For State Tax Reporting Purposes Does Not Violate The Commerce Clausse Or The Due Process Clause Of The U.S. Constitution - Barclay's Bank Int'l, Ltd. V. Franchise Tax Bd., 10 Cal. App. 4th 1742, 14 Cal. Rptr. 2d 537 (Cal. Ct. App. 1992), Modified Reh'g Denied, 11 Cal. App. 4th 1678a (Cal. Ct. App. 1992)., Sarah B. Pierce

Georgia Journal of International & Comparative Law

No abstract provided.


The Future Of Canadian Federalism, Susan Lavergne Oct 2014

The Future Of Canadian Federalism, Susan Lavergne

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden Oct 2014

Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson Oct 2014

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


Hammering Down Nails, Scott M. Lenhart Oct 2014

Hammering Down Nails, Scott M. Lenhart

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski Oct 2014

Constitutional Culture Of The New East-Central European Democracies, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.


Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver Oct 2014

Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver

Georgia Journal of International & Comparative Law

No abstract provided.


Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman Oct 2014

Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman

Georgia Journal of International & Comparative Law

No abstract provided.


Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin Oct 2014

Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas Oct 2014

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick Oct 2014

Stop Draggin’ My Heart Around: The Supreme Court Is Harming People With Its Inscrutable Gay Marriage Actions, Sonja R. West, Dahlia Lithwick

Popular Media

The Supreme Court’s decision Monday (Oct. 5, 2014) to decline the appeals of decisions striking down same-sex marriage bans in five states was, to most court-watchers, a huge surprise. It was also a deeply strange move given the magnitude of the constitutional issue and the general confusion about what a non-decision actually means. While Monday’s denial of certiorari was not technically a decision on the merits, most supporters of same-sex marriage celebrated the move as part of the justices’ inexorable crawl toward marriage equality. And in Virginia, Oklahoma, Colorado, and other affected states, gay couples who have waited—in many cases …


Books Received, Georgia Journal Of International And Comparative Law Oct 2014

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght Oct 2014

The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.


The European Constitution, The Treaty Of Amsterdam, And The Search For Community, Ian Ward Oct 2014

The European Constitution, The Treaty Of Amsterdam, And The Search For Community, Ian Ward

Georgia Journal of International & Comparative Law

No abstract provided.


Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele Oct 2014

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael Wells Oct 2014

Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael Wells

Scholarly Works

A great deal of scholarly attention is devoted to constitutional rights and comparatively little to remedies for their violation. Yet rights without remedies are not worth much, and remedial law does not always facilitate the enforcement of rights, even of constitutional rights. This Article discusses an especially challenging remedial context: suits seeking damages for constitutional wrongs that occurred in the past, that are unlikely to recur, and hence that cannot be remedied by forward-looking injunctive or declaratory relief. Typical fact patterns include charges that the police, prison guards, school administrators, or other officials have engaged in illegal searches and seizures, …


International Norms In Constitutional Law, Michael Wells Sep 2014

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.