Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

Courts

Yale Law School

Student Scholarship Papers

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Nowhere To Hide: Overbreadth And Other Constitutional Challenges Facing The Current Designation Regime, Ilya O. Podolyako Sep 2008

Nowhere To Hide: Overbreadth And Other Constitutional Challenges Facing The Current Designation Regime, Ilya O. Podolyako

Student Scholarship Papers

This Article examines the legal foundation and policy implications of the President’s power to designate terrorist organizations. These administrative actions carry severe repercussions because of the criminal prohibition on knowingly providing material support to the designated entities, codified at 18 U.S.C. § 2339B. Due to the overlap of the President’s Commander-in-Chief power to block enemy assets and specific Congressional authorization of such actions, the designations themselves appear to be immune from constitutional challenges. It is the addition of concomitant criminal sanctions, however, that drastically expands the potency of the designations and turns them into an effective national ...


When Legal System Collide: The Judicial Review Of Freezing Measures In The Fight Against International Terrorism, Matteo M. Winkler Apr 2007

When Legal System Collide: The Judicial Review Of Freezing Measures In The Fight Against International Terrorism, Matteo M. Winkler

Student Scholarship Papers

Since 1999, the U.N. Security Council enacted several resolutions, requiring member states to freeze the assets of suspected terrorists. Unlike the U.N. system, that lacks a mechanism of judicial review, the European Convention on Human Rights provides the judicial review of measures restraining individual property rights. The principle of prevalence under article 103 of the U.N. Charter makes the Council resolutions to prevail over the regional instruments of human rights protection. This note tries to challenge this perspective, by criticizing in detail a decision of the European Court of First Instance of 2005 that affirms the principle ...


Bush V. Gore As Precedent, Chad W. Flanders Mar 2007

Bush V. Gore As Precedent, Chad W. Flanders

Student Scholarship Papers

My essay treats the thorny question of the precedential value of Bush v. Gore from three angles. In the first part, I look at the history of the Supreme Court limiting its decisions to the facts of present case. The venture into history is designed to test the argument made by some that the language limiting the reach of Bush v. Gore is an innocuous example of narrowing the scope of the principle propounded in Bush, rather than an objectionable restriction of the ruling to only one unique set of circumstances ­ the circumstances of Bush v. Gore. The second part ...


Turning Medals Into Metal: Evaluating The Court Of Arbitration For Sport As An International Tribunal, Daniel H. Yi May 2006

Turning Medals Into Metal: Evaluating The Court Of Arbitration For Sport As An International Tribunal, Daniel H. Yi

Student Scholarship Papers

The history of transnational adjudication is littered with failure and disappointment. War crimes tribunals have often become farces, the ICC has exacerbated armed conflicts, and even the venerable ICJ has endured humiliating failures. This piece makes a compelling case for why one international tribunal, the Court of Arbitration for Sport (“CAS”), has managed to flourish in the otherwise depressing landscape of transnational adjudication. Specifically, the article makes a novel argument for 1) why parties are drawn to the CAS, and 2) how the CAS’ speech acts manage to have force.