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Articles 7411 - 7440 of 16485
Full-Text Articles in Courts
International Human Rights At The Close Of The Twentieth Century, Anthony D'Amato
International Human Rights At The Close Of The Twentieth Century, Anthony D'Amato
Faculty Working Papers
Speculates as to why the human-rights revolution is increasingly likely to dominate our foreign-policy attentions in the decades to come. Ventures some predictions, of particular interest perhaps to international lawyers, about where the cause of international human rights is heading.
Pragmatic Indeterminacy, Anthony D'Amato
Pragmatic Indeterminacy, Anthony D'Amato
Faculty Working Papers
If, as a result of taking Indeterminacy seriously, we revolutionize the way we teach law and the way we select judges, then we will also revolutionize the way cases are litigated (because the new judges will expect to hear a different kind of argumentation) and the way people order their lives in anticipation of the way their disputes will be decided by these new judges.
The Coerciveness Of International Law, Anthony D'Amato
The Coerciveness Of International Law, Anthony D'Amato
Faculty Working Papers
This article shows that an important part of the deep structure of international law is its self-referential strategy of employing its own rules to protect its rules. International law tolerates a principled violation of its own rules when necessary to keep other rules from being broken. It extends a legal privilege to states to use coercion against any state that has selfishly attempted to transgress its international obligations. International law thus protects itself through the opportunistic deployment of its own rules.
The Concept Of Special Custom In International Law, Anthony D'Amato
The Concept Of Special Custom In International Law, Anthony D'Amato
Faculty Working Papers
General customary international law contains rules, norms, and principles that seem applicable to any state and not to a particular state or an exclusive grouping of states. For example, norms relating to the high seas, to airspace and outer space, to diplomatic immunities, to the rules of warfare, and so forth, apply equally to all states having occasion to be concerned with these areas. Similarly, the facts of a given case may suggest exclusively the application of general custom—such as cases concerning collision on the high seas between ships of different countries, cases involving general principles of international law, cases …
Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court, James Pfander
Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court, James Pfander
Faculty Working Papers
Although some might consider the appellate review of remand orders as something of a jurisdictional backwater, recent developments suggest that the rules need attention. The Supreme Court has decided no fewer than four cases in the past few years and has failed to develop a persuasive framework. Indeed, one member of the Court, Justice Breyer, has invited "experts" to solve the problem.
In this essay, I suggest that the solution lies in the Court's own hands. Rather than proposing legislative or rulemaking solutions, I call on the Court to re-invigorate its supervisory powers and conduct direct review of district court …
California Judicial Council's Commission For Impartial Courts, Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
California Judicial Council's Commission For Impartial Courts, Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
McGeorge Law Review
No abstract provided.
Should Judges Regulate Lawyers, Eli Wald
Promoting Public Confidence In The Regulation Of Judicial Conduct: A Survey Of Recent Developments And Practice In Four Common Law Countries, Sarah M. R. Cravens
Promoting Public Confidence In The Regulation Of Judicial Conduct: A Survey Of Recent Developments And Practice In Four Common Law Countries, Sarah M. R. Cravens
McGeorge Law Review
No abstract provided.
Book Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism By Alex M Cameron, Dianne Pothier
Book Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions, And The Failure Of Judicial Activism By Alex M Cameron, Dianne Pothier
Dianne Pothier Collection
Alex Cameron’s book, Power Without Law, is a scathing critique of the Supreme Court of Canada’s 1999 decisions in R. v. Marshall upholding Donald Marshall Jr.’s Mi’kmaq treaty claim. Cameron’s book has attracted a lot of attention because of the author’s position as Crown counsel for the government of Nova Scotia. Cameron was not involved as a lawyer in the Marshall case itself. As a fisheries prosecution, Marshall was a matter of federal jurisdiction pursuant to s. 91(12) of the Constitution Act, 1867, 3 and Nova Scotia chose not to intervene. However, Cameron did become involved in a subsequent …
California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
California Judicial Council's "Commission For Impartial Courts", Ronald B. Robie, Richard Fybel, Mary-Beth Moylan
McGeorge School of Law Scholarly Articles
No abstract provided.
Pioneers Versus Improvers: Enabling Optimal Patent Claim Scope, Timothy Chen Saulsbury
Pioneers Versus Improvers: Enabling Optimal Patent Claim Scope, Timothy Chen Saulsbury
Michigan Telecommunications & Technology Law Review
Arising most commonly as a defense to an infringement claim, enablement requires a patent to describe the claimed invention in sufficient detail to permit a person having ordinary skill in the relevant field to replicate and use the invention without needing to engage in "undue experimentation." If a patent claim is not "enabled"--i.e., if a person having ordinary skill in the art (PHOSITA) who studied the patent cannot make or use the invention without undue experimentation--the claim is invalid and can no longer be asserted. This penalty deters patent applicants from claiming more than they invented and allows others to …
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
UIC Law Review
No abstract provided.
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Law Publications
No abstract provided.
Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings, Shelly Rosenfeld
Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings, Shelly Rosenfeld
American University Criminal Law Brief
No abstract provided.
No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton
No Habeas For You! Al Maqaleh V. Gates, The Bagram Detainees, And The Global Insurgency, Michael J. Buxton
American University Law Review
No abstract provided.
Futile Arguments: Lawrence V. Texas And The Supreme Court Bar, Heron Greenesmith
Futile Arguments: Lawrence V. Texas And The Supreme Court Bar, Heron Greenesmith
The Modern American
No abstract provided.
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams
UIC Law Review
No abstract provided.
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
UIC Law Review
No abstract provided.
How Should The Icc Prosecutor Exercise His Or Her Discretion? The Role Of Fundamental Ethical Principles, 43 J. Marshall L. Rev. 553 (2010), Brian D. Lepard
How Should The Icc Prosecutor Exercise His Or Her Discretion? The Role Of Fundamental Ethical Principles, 43 J. Marshall L. Rev. 553 (2010), Brian D. Lepard
UIC Law Review
No abstract provided.
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan
Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan
UIC Law Review
No abstract provided.
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
UIC Law Review
No abstract provided.
The International Criminal Court And Proximity To The Scene Of The Crime: Does The Rome Statute Permit All Of The Icc's Trials To Take Place At Local Or Regional Chambers?, 43 J. Marshall L. Rev. 715 (2010), Stuart K. Ford
UIC Law Review
No abstract provided.
The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman
The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman
UIC Law Review
No abstract provided.
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
UIC Law Review
No abstract provided.
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.