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Articles 1 - 5 of 5
Full-Text Articles in Law and Economics
Analysis On The Leaving Of Grand Justices In The Supreme People’S Courts(最高人民法院大法官的流动分析), Meng Hou
Analysis On The Leaving Of Grand Justices In The Supreme People’S Courts(最高人民法院大法官的流动分析), Meng Hou
Hou Meng
No abstract provided.
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A formal model of the law of fair use.
The Ethnographic Village Law In The Transformation Of The Social(转型社会的乡村法律民族志:方法与对象), Meng Hou
The Ethnographic Village Law In The Transformation Of The Social(转型社会的乡村法律民族志:方法与对象), Meng Hou
Hou Meng
No abstract provided.
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …