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Articles 151 - 180 of 240
Full-Text Articles in Courts
Legal Approaches And The Contributions Of Case Law, Claudio Grossman
Legal Approaches And The Contributions Of Case Law, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Hearing On Merger Enforcement, Panel On Treatment Of Efficiencies Antitrust Modernization Commission, Jonathan Baker
Hearing On Merger Enforcement, Panel On Treatment Of Efficiencies Antitrust Modernization Commission, Jonathan Baker
Legislative Testimony & Comments
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Popular Media
The use of foreign law and unratified international treaty law by U.S. courts in U.S. constitutional adjudication has emerged as a major debate among justices of the U.S. Supreme Court, with Justice Anthony Kennedy writing for a majority approving the practice in the March 2005 decision of Roper v. Simmons, and Justices Antonin Scalia and Stephen Breyer undertaking an unusual public discussion of the practice in January 2005 at American University law school. This article examines the arguments made by Justices Kennedy, Scalia, and Breyer for and against the practice, setting them in the broader context of constitutional theory. It …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The European Court Of Human Rights: A Success Story?, Leo F. Zwaak, Therese Cachia
The European Court Of Human Rights: A Success Story?, Leo F. Zwaak, Therese Cachia
Human Rights Brief
No abstract provided.
The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff
The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff
Scholarly Articles in Law Reviews & Journals
Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …
Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker
Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft
The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft
Scholarly Articles in Law Reviews & Journals
Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …
Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson
Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson
Human Rights Brief
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman
Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Prospects For Justice In Rwanda’S Citizen Tribunals, Leah Werchick
Prospects For Justice In Rwanda’S Citizen Tribunals, Leah Werchick
Human Rights Brief
No abstract provided.
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …
The Court Of Appeals For The Federal Circuit Must Evolve To Meet The Challenges Ahead , Paul R. Michel
The Court Of Appeals For The Federal Circuit Must Evolve To Meet The Challenges Ahead , Paul R. Michel
American University Law Review
No abstract provided.
Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine
Article Iii And The Adequate And Independent State Grounds Doctrine , Cynthia L. Fountaine
American University Law Review
No abstract provided.
Econometric Analysis In Ftc V. Staples, Jonathan Baker
Econometric Analysis In Ftc V. Staples, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
In mid-1997, a federal district court in Washington, DC, granted the Federal Trade Commission's (FTC's) request for a preliminary injunction blocking the proposed merger of Staples and Office Depot (Federal Trade Commission v. Staples, Inc. [hereafter, Staples] 1997a). The transaction would have combined two of the nation's three leading office superstore chains. The firms chose not to pursue the case further after the preliminary injunction was issued, thus giving up on their efforts to merge.
Policy Watch: Developments In Antitrust Economics, Jonathan Baker
Policy Watch: Developments In Antitrust Economics, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
During the late 1970s and 1980s, the federal courts transformed antitrust rules and the federal enforcement agencies altered their case selection criteria in response to theories developed by industrial organization economists. These developments in economic thinking, often associated with the Chicago school, led current antitrust law and practice toward a greater skepticism about the relationship between market concentration and market power and a greater recognition of the possible efficiency-enhancing role of vertical agreements (contracts between firms and their customers or suppliers) than was present in the 1950s and 1960s.This survey will begin where those developments leave off by highlighting more …
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Judicial Review Of Fda Preemption Determinations, Amanda Frost
Judicial Review Of Fda Preemption Determinations, Amanda Frost
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
American University Law Review
No abstract provided.
Fostering Balance On The Federal Courts , Carl Tobias
Fostering Balance On The Federal Courts , Carl Tobias
American University Law Review
No abstract provided.
Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto
Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis
Section 1500 And The Jurisdictional Pitfalls Of Federal Government Litigation , Paul Frederic Kirgis
American University Law Review
No abstract provided.