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Courts

Courts

Yale Law School

2007

Articles 1 - 2 of 2

Full-Text Articles in Law

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 ...