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Articles 211 - 240 of 4616
Full-Text Articles in Law
Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen
Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen
Leslie Street
No abstract provided.
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
Taking Evidence And Breaking Treaties: Aerospatiale And The Need For Common Sense, James G. Dwyer, Lois A. Yurow
James G. Dwyer
No abstract provided.
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
James G. Dwyer
No abstract provided.
International Law And Dworkin's Legal Monism, Michael S. Green
International Law And Dworkin's Legal Monism, Michael S. Green
Michael S. Green
No abstract provided.
Interauthority Relationships, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Michael S. Green
No abstract provided.
Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins
Neal E. Devins
No abstract provided.
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
James T Gathii
No abstract provided.
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Stuart Ford
No abstract provided.
Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld
Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld
William & Mary Bill of Rights Journal
No abstract provided.
Mandatory Multilateralism, Evan J. Criddle, Evan Fox-Decent
Mandatory Multilateralism, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
This Article challenges the conventional wisdom that states are always free to choose whether to participate in multilateral regimes. International law often mandates multilateralism to ensure that state laws and practices are compatible with sovereign equality and joint stewardship. The Article maps mandatory multilateralism's domain, defines its requirements, and examines its application to three controversies: the South China Sea dispute, the United States' withdrawal from the 2015 Paris Agreement, and Bolivia's case against Chile in the International Court of Justice.
Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz
Election Hacking: A Trifecta Of Sovereignty, Intervention, And Use Of Force Violations In International Law, Arlen Printz
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen
Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen
Library Staff Publications
No abstract provided.
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
William & Mary Bill of Rights Journal
No abstract provided.
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
Common Law Evidence And The Common Law Of Human Rights: Towards A Harmonic Convergence?, John D. Jackson
William & Mary Bill of Rights Journal
This Article considers the impact which European Human Rights Law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules of evidence. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called “Salduz” doctrine) and the right to examine witnesses (the so-called “sole or decisive” evidence rule). The Article argues that the effect of these rules has encouraged common law judges to engage more holistically with the effect …
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
William & Mary Bill of Rights Journal
No abstract provided.
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers
William & Mary Bill of Rights Journal
No abstract provided.
Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter
Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter
William & Mary Bill of Rights Journal
By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.
However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
2019 Symposium
As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …
Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs
Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs
Faculty Publications
It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
The Rock: The Role Water Plays In Our Lives, Ronald Griffin
Faculty Books and Book Contributions
We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by …
Withholding Protection, Lindsay M. Harris
Withholding Protection, Lindsay M. Harris
Journal Articles
In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum claim. In …
Speech Across Borders, Jennifer Daskal
Speech Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
International Law, Settlements And The Two-State Solution, James J. Friedberg
International Law, Settlements And The Two-State Solution, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Corporations As Semi-States, Jay Butler
Corporations As Semi-States, Jay Butler
Faculty Publications
When Ebola came to West Africa in 2014, Liberia could not cope. The State’s already fragile public health infrastructure was largely ineffective in responding to the illness and preventing its spread. And, the World Health Organization’s support was slow and stilted. By contrast, Firestone, a tire company that operates a vast rubber plantation in Liberia and runs its own hospital for 80,000 employees, family dependents, and persons in neighboring localities, responded to the virus much more effectively.
This Article uses Firestone’s Ebola response as an entry point to study a phenomenon too frequently overlooked. Many for-profit firms that maintain operations …
70 Years Of The International Law Commission, Its Future Role In The Changing Landscape Of International Law And The Small-Developing States Nexus, Michael Imran Kanu
70 Years Of The International Law Commission, Its Future Role In The Changing Landscape Of International Law And The Small-Developing States Nexus, Michael Imran Kanu
FIU Law Review
No abstract provided.
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Robert Currie, Laura Ellyson
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Robert Currie, Laura Ellyson
Articles, Book Chapters, & Popular Press
Extradition – the formal rendition of criminal fugitives between states – is well-known to be a time-consuming process that often has impacts, minor or major, on the ability of states to complete prosecution in a timely manner. Thus, the extradition process can sometimes be at odds with the right to trial within a reasonable time, which is part of the overall package of fair trial rights enshrined in international human rights law. In Canada, this right is implemented by paragraph 11(b) of the Canadian Charter of Rights and Freedoms. In recent years Canadian courts have developed a series of principles …
Codification, Progressive Development, New Law, Doctrine, And The Work Of The International Law Commission On Peremptory Norms Of General International Law (Jus Cogens): Personal Reflections Of The Special Rapporteur, Dire Tladi
FIU Law Review
No abstract provided.