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Articles 421 - 450 of 451
Full-Text Articles in Law and Philosophy
Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer
Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer
Journal of Legal Education
No abstract provided.
Democratic Justice In Transition, Marion Smiley
Democratic Justice In Transition, Marion Smiley
Michigan Law Review
Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …
Rejoinder: Twailing International Law, James Thuo Gathii
Rejoinder: Twailing International Law, James Thuo Gathii
Michigan Law Review
Brad Roth's response to my Review of his book seeks to privilege his approach to international law as the most defensible. His response does not engage one of the central claims of my Review - that present within international legal scholarship and praxis is a simultaneous and dialectical coexistence of the dominant conservative/liberal approach with alternative or Third World approaches to thinking and writing international law. Roth calls these alternative approaches critical and does not consider them insightful for purposes of dealing with issues such as anticolonialism. Roth's characterization of my Review as falling within critical approaches to international law …
Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii
Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii
Michigan Law Review
Brad R. Roth's Governmental Illegitimacy in International Law is a neoconservative realist response to liberal internationalists (or universalists). As a critique, the book unsurprisingly legitimizes the subject of its attack: liberal internationalism. That is so since in their opposition to each other, liberal internationalists and neoconservative realists fall within the same discursive formation - a Euro-American hegemony of thinking, writing, critiquing, engaging, producing, and practicing international law. This Review is an antihegemonic critique. It seeks to decenter this Euro-American opposition between liberal internationalism and neoconservative realism that has characterized the study of international law, especially in the post-Cold War period. …
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Michigan Law Review
The essence of James Thuo Gathii's criticism of Governmental Illegitimacy in International Law is that my study seeks to answer a doctrinal question rather than to challenge the "Eurocentric" assumptions that pervade doctrinal thinking. Although I (inevitably) take exception to some of Professor Gathii's characterizations of the book's details, an elaborate clarification and defense of these finer points would amount to an uninteresting response to an interesting essay. Indeed, since Gathii characterizes the book as "well written, well-argued, and well-researched," and since I am in sympathy with the considerations that prompt him to go beyond the scope of what I …
Toleration, Autonomy And Respect, Colin J. Harvey
Toleration, Autonomy And Respect, Colin J. Harvey
Michigan Journal of International Law
Review of On Toleration by Michael Walzer
International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez
International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez
LLM Theses
A review of the legal regime governing the shipments of radioactive materials reveals an array of preventive and emergency measures as well as liability and compensation measures. The legal regime, however, does not provide any voice to all potentially affected entities, particularly developing Coastal States and the marine environment. The legal regime must be transformed in order to take the above interests into consideration. Any reform in the legal system must start with an evaluation of the ethics and philosophy underlying the system. Understanding the ethical and philosophical basis of the legal regime contributes to the formulation of recommendations for …
Kant And The Current Debate Over Humanitarian Intervention, Richard B. Lillich
Kant And The Current Debate Over Humanitarian Intervention, Richard B. Lillich
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Federal Courts And World Civil Society, Gordon A. Christenson
Federal Courts And World Civil Society, Gordon A. Christenson
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
Scholarly Works
No abstract provided.
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.
Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth
Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth
Michigan Journal of International Law
Review of the book edited by V. Spike Peterson.
The Kantian Theory Of International Law, Fernando R. Tesón
The Kantian Theory Of International Law, Fernando R. Tesón
Scholarly Publications
This Article defends the view, first developed by Immanuel Kant, that international law and domestic justice are fundamentally connected.'
Finance Capital In Uganda: A Collision Of Perspectives Of Marxism And Capitalism, John W. Van Doren
Finance Capital In Uganda: A Collision Of Perspectives Of Marxism And Capitalism, John W. Van Doren
Penn State International Law Review (1982 - 2011)
The article will continue with a discussion of how that investment is perceived by Marxists, advocates of Critical Legal Studies, and the Yale School of Policy Science. Section I will provide background information about the beliefs and philosophical underpinnings of each of the schools. of thought. Section II will describe some Ugandan law students' perceptions of Uganda's social and political history relevant to foreign investment. Section III will evaluate the law students' theses concerning finance capital, and their de facto mentor, Professor Nabudere. Section IV will apply various Western jurisprudential theories to the finance capital issues raised by the law …
"Liberalism's Dangerous Supplements": Medieval Ghosts Of International Law, Anthony Carty
"Liberalism's Dangerous Supplements": Medieval Ghosts Of International Law, Anthony Carty
Michigan Journal of International Law
A book review of From Apology to Utopia: The Structure of International Legal Argument by Martti Koskenniemi
International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón
International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón
Scholarly Publications
In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Publications
No abstract provided.
Book Review Of The Structure And Process Of International Law: Essays In Legal Philosophy Doctrine And Theory, Anthony D'Amato
Book Review Of The Structure And Process Of International Law: Essays In Legal Philosophy Doctrine And Theory, Anthony D'Amato
Journal of Legal Education
No abstract provided.
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen
Articles & Chapters
No abstract provided.
Jus Non Scriptum And The Reliance Principle, Stanley L. Paulson
Jus Non Scriptum And The Reliance Principle, Stanley L. Paulson
Michigan Law Review
On the Continent, a general theory of customary law has been developed-what I term the Continental theory; it identifies formation and validity as the central issues in the analysis of custom and customary law. Yet the Continental theory, notwithstanding its longevity and continuing favorable reception among international lawyers, is ridden with problems. In particular, as I argue in the following section, the theory fails for want of a coherent position on the formation issue. In the course of my argument, I suggest a classification of the norms of customary law in terms of a generic category broader in scope than …
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Michigan Law Review
Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
Cohen: The Principles Of World Citizenship, Samuel I. Shuman
Cohen: The Principles Of World Citizenship, Samuel I. Shuman
Michigan Law Review
A Review of The Principles of World Citizenship. By L. Jonathan Cohen
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
Michigan Law Review
International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.
The Equality Of States, A Study In The History Of Law, Edwin D. Dickinson
The Equality Of States, A Study In The History Of Law, Edwin D. Dickinson
Reviews
"This is a reprint in book form of three essays recently published by Dr. Goebel in the Columbia Law Review. The author attempts, as he himself has expressed it, 'to indicate that the historical background of the doctrine of equality of states in international law is of considerable importance not only for the purpose of fixing the origin of the doctrine as a coherent principle of law, but also because it indicates how necessary and inevitable the notion has been from the very inception of international relationships in Europe.'"
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …