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Articles 1231 - 1260 of 1744
Full-Text Articles in International Law
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Hybridization: A Study In Comparative Constitutional Law, John Mceldowney
Penn State International Law Review (1982 - 2011)
Viewing constitutional law from a global perspective informs us about trends and concurrences that might otherwise go unnoticed. The main focus for this paper is how a new European legal tradition is being forged from two of the most influential Western traditions, the common and civil law. The term hybridization is used to refer to this phenomenon whereby there is convergence between different legal systems. This does not necessarily alter national sovereignty or substitute one system over another. It cannot be measured by success or failure of one legal system over another. It is a common sharing that is best …
Poverty And Constitutional Rights, Monica Pinto
Poverty And Constitutional Rights, Monica Pinto
Penn State International Law Review (1982 - 2011)
No abstract provided.
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha
Penn State International Law Review (1982 - 2011)
No abstract provided.
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa
Penn State International Law Review (1982 - 2011)
No abstract provided.
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak
UIC Law Review
No abstract provided.
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
Penn State International Law Review (1982 - 2011)
No abstract provided.
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Penn State International Law Review (1982 - 2011)
No abstract provided.
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
Penn State International Law Review (1982 - 2011)
No abstract provided.
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
Faculty Scholarship
The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …
The Executive And The Courts, Richard Clayton
The Executive And The Courts, Richard Clayton
Penn State International Law Review (1982 - 2011)
No abstract provided.
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Methodological Challenges In Comparative Constitutional Law, Vicki Jackson
Penn State International Law Review (1982 - 2011)
No abstract provided.
Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili
Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Foreign Commerce Clause, Anthony J. Colangelo
The Foreign Commerce Clause, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
This Article comprehensively addresses Congress’s powers under the Constitution’s Foreign Commerce Clause. Congress has increasingly used the Clause to pass laws of unprecedented and aggressive reach over both domestic and foreign activity. Yet despite the Clause’s mounting significance for modern U.S. regulatory regimes at home and abroad, it remains an incredibly under-analyzed source of constitutional power. Moreover, faced with an increasing number of challenges under the Clause lower courts have been unable to coherently articulate the contours of Congress’s legislative authority. When courts have tried, their efforts have largely been wrong. The Article explains why they have been wrong and …
The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases, Bert Demarsin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez
Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez
Vanderbilt Journal of Transnational Law
This Article builds upon Philip C. Jessup's revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-&-vis international law. This theory, called metanationalism, rejects Harold Koh's theory of transnationalism and demonstrates that …
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Faculty Publications
No abstract provided.
Embedded International Law And The Constitution Abroad, Sarah H. Cleveland
Embedded International Law And The Constitution Abroad, Sarah H. Cleveland
Faculty Scholarship
This Essay explores the role of "embedded" international law in U.S. constitutional interpretation, in the context of extraterritorial application of the Constitution. Traditional U.S. understandings of the Constitution's application abroad were informed by nineteenth-century international law principles of jurisdiction, which largely limited the authority of a sovereign state to its geographic territory. Both international law and constitutional law since have developed significantly away from strictly territorial understandings of governmental authority, however. Modern international law principles of jurisdiction and state responsibility now recognize that states legitimately may exercise power in a number of extraterritorial contexts, and that legal obligations may apply …
Making Social Rights Conditional: Lessons From India, Madhav Khosla
Making Social Rights Conditional: Lessons From India, Madhav Khosla
Faculty Scholarship
Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Cardozo Law Review
"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
San Diego International Law Journal
Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....
De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke
De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke
San Diego International Law Journal
The Military Commissions Act of 2006 (MCA) marked the high tide and endgame for hiding torture. It's unraveling did more to uncover the Bush administration's secret interrogation practices than did the political change in Washington. International and domestic backlash against the government's embrace of harsh interrogation techniques, frequently rising to the level of torture, also played a role. However, the Supreme Court's decisions ending in Boumediene v. Bush played the decisive role. Boumediene, and the Supreme Court decisions that led up to it, made inevitable that which politics had left contingent and reversible. It also provided legal and political cover.
Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge
Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge
Scholarly Works
The case of Medellin v. Texas presented the Supreme Court with a recurring question that has bedeviled judges, legal scholars, and political scientists-what effect, if any, must a United States court give to the decision of an international tribunal, particularly where, during the relevant time, the United States was party to a treaty protocol that bound it to that tribunal's judgments. While the Supreme Court held that the International Court of Justice's ("ICJ") decision was not enforceable federal law, its decision reflected an important recognition that the issues presented in that case were not limited to the specific area of …
The Captures Clause, Ingrid Wuerth
The Captures Clause, Ingrid Wuerth
Vanderbilt Law School Faculty Publications
The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to support conflicting arguments about the scope of Congress’s power to initiate and prosecute war. Some claim or assume that the Captures Clause gives Congress power over the taking and detention of people, while others conclude that the power is limited to property only. Similarly, those who view Congress’s power broadly understand the Captures Clause as giving Congress the power to determine what (or whom) may …
The Constitutionality Of Decolonization By Associated Statehood: Puerto Rico's Legal Status Reconsidered, Gary S. Lawson, Robert D. Sloane
The Constitutionality Of Decolonization By Associated Statehood: Puerto Rico's Legal Status Reconsidered, Gary S. Lawson, Robert D. Sloane
Faculty Scholarship
International and constitutional law arguably collide in the legal arrangement between the United States and Puerto Rico. As a matter of international law, it is unclear that this arrangement conforms to customary international and treaty obligations. As a matter of national law, it is unclear that the Constitution permits an arrangement between Puerto Rico and the United States—short of separation (independence as a State) or integration (admission to the Union as a state)—that could conform to these international obligations. In particular, the Appointments Clause and the Constitution’s voting provisions may well be in tension with contemporary international law relative to …
Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan
Freedom Of Expression In The Federal Republic Of Germany, Oliver Jouanjan
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Free Speech And National Security, Geoffrey R. Stone
Free Speech And National Security, Geoffrey R. Stone
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons
Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons
Indiana Journal of Global Legal Studies
International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …
Introduction: Global Constitutionalism From An Interdisciplinary Perspective, Anne Peters, Klaus Armingeon
Introduction: Global Constitutionalism From An Interdisciplinary Perspective, Anne Peters, Klaus Armingeon
Indiana Journal of Global Legal Studies
Global Constitutionalism – Process and Substance, Symposium. Kandersteg, Switzerland, January 17-20, 2008