Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (203)
- Yeshiva University, Cardozo School of Law (57)
- University of Michigan Law School (30)
- Touro University Jacob D. Fuchsberg Law Center (23)
- Northwestern Pritzker School of Law (18)
-
- Brooklyn Law School (17)
- Pepperdine University (15)
- University of Missouri-Kansas City School of Law (12)
- Roger Williams University (10)
- University of Rhode Island (10)
- Texas A&M University School of Law (9)
- Penn State Dickinson Law (7)
- Villanova University Charles Widger School of Law (7)
- Florida International University College of Law (6)
- Fordham Law School (6)
- Maurer School of Law: Indiana University (6)
- University of Miami Law School (5)
- American University in Cairo (3)
- Brigham Young University Law School (3)
- Columbia Law School (3)
- Cornell University Law School (3)
- Loyola Marymount University and Loyola Law School (3)
- New York Law School (3)
- University of Georgia School of Law (3)
- American University Washington College of Law (2)
- City University of New York (CUNY) (2)
- Claremont Colleges (2)
- Georgetown University Law Center (2)
- Universitas Indonesia (2)
- University at Buffalo School of Law (2)
- Keyword
-
- Law (22)
- Constitution (17)
- Democracy (16)
- Rule of Law (16)
- Rule of law (15)
-
- Supreme Court (14)
- Constitutional law (13)
- Discrimination (12)
- Criminal law (11)
- Governance (11)
- Law and Society (11)
- Supreme court (11)
- Court (10)
- First Amendment (10)
- Human rights (10)
- Justice (9)
- State (9)
- Technology (9)
- Ethics (8)
- Jurisprudence (8)
- Police (8)
- Race (8)
- SFFA (8)
- Affirmative Action (7)
- Due process (7)
- Federal (7)
- Civil law (6)
- Civil procedure (6)
- Civil rights (6)
- Criminal procedure (6)
- Publication Year
- Publication
-
- Seattle University Law Review (202)
- Cardozo Law Review (31)
- Michigan Law Review (19)
- Northwestern University Law Review (16)
- Touro Law Review (15)
-
- Articles (12)
- Faculty Works (12)
- Cardozo Journal of Conflict Resolution (11)
- Faculty Scholarship (11)
- Dignity: A Journal of Analysis of Exploitation and Violence (10)
- Brooklyn Journal of International Law (9)
- Pepperdine Dispute Resolution Law Journal (9)
- Dickinson Law Review (2017-Present) (7)
- Villanova Environmental Law Journal (1991 - ) (7)
- Fordham Law Review (5)
- Journal of Law and Policy (5)
- Journal of Race, Gender, and Ethnicity (5)
- Texas A&M Law Review (5)
- Cardozo Journal of International and Comparative Law (4)
- Journal of the National Association of Administrative Law Judiciary (4)
- Life of the Law School (1993- ) (4)
- Scholarly Works (4)
- School of Law Conferences, Lectures & Events (4)
- BYU Law Review (3)
- FIU Law Review (3)
- Faculty Publications (3)
- Georgia Journal of International & Comparative Law (3)
- Indiana Journal of Constitutional Design (3)
- Loyola of Los Angeles International and Comparative Law Review (3)
- Michigan Journal of International Law (3)
- Publication Type
Articles 421 - 450 of 519
Full-Text Articles in Rule of Law
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee
Pepperdine Dispute Resolution Law Journal
Systems of multi-stakeholder dispute resolution are increasingly recognized as objectives of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision-making do not exist. Yet localized decision-making can take many forms-whether distributional, competitive, or collaborative. This paper will examine, in particular, the impact of collaborative systems of decision-making on building social capital through access to justice in local communities. It will do this through examining participant feedback, meeting minutes, …
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …
The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black
The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black
Faculty Works
No abstract provided.
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Faculty Scholarship
No abstract provided.
An Expectation Of Empathy, Steve Leben
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
The Rule Of Law As A Law Of Standards, Jamal Greene
The Rule Of Law As A Law Of Standards, Jamal Greene
Faculty Scholarship
Justice Antonin Scalia titled his 1989 Oliver Wendell Holmes Lecture at Harvard Law School The Rule of Law as a Law of Rules. The lecture posed the sort of dichotomy that has become a familiar feature of Justice Scalia's jurisprudence and of his general approach to judging. On one hand are judges who recognize that the only legitimate means by which they may adjudicate cases in a democracy is to seek to do so through rules of general application. On the other hand are those judges who generally prefer to adopt an all-things considered balancing approach to adjudication. This latter …
Judicial Declaration Of Public Policy, Ruggero J. Aldisert
Judicial Declaration Of Public Policy, Ruggero J. Aldisert
The Journal of Appellate Practice and Process
No abstract provided.
An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay
An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay
Dissertations
This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish …
A Response To Professor Greenawalt, Marci A. Hamilton
A Response To Professor Greenawalt, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
The Rule Of Law And The Exemption Strategy, Kent Greenawalt
The Rule Of Law And The Exemption Strategy, Kent Greenawalt
Cardozo Law Review
No abstract provided.
The Evolution Of The Trial Judge From Counting Case Dispositions To Commitment To Fairness, Kevin Burke, Steve Leben
The Evolution Of The Trial Judge From Counting Case Dispositions To Commitment To Fairness, Kevin Burke, Steve Leben
Faculty Works
No abstract provided.
When Does Might Make Right? Using Force For Regime Change, John Linarelli
When Does Might Make Right? Using Force For Regime Change, John Linarelli
Scholarly Works
Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Cardozo Journal of International and Comparative Law
The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi
Cardozo Journal of Conflict Resolution
This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.
Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat
Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat
Scholarship@WashULaw
Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Cardozo Law Review
No abstract provided.
Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla
Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Guilty But Civilly Disobedient: Reconciling Civil Disobedience And The Rule Of Law, Matthew R. Hall
Guilty But Civilly Disobedient: Reconciling Civil Disobedience And The Rule Of Law, Matthew R. Hall
Cardozo Law Review
No abstract provided.
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Cardozo Journal of Conflict Resolution
In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.
Launching A Global Rule Of Law Movement: Next Steps November 10, 2005, Katharina Pistor, William Ide, Sandra Day O'Connor, Hilario Davide
Launching A Global Rule Of Law Movement: Next Steps November 10, 2005, Katharina Pistor, William Ide, Sandra Day O'Connor, Hilario Davide
Faculty Scholarship
KATHERINE PISTOR: Let me just first express my thanks to the American Bar Association for asking me to be the rapporteur for this conference. I've always felt honored for having been asked. I have to say I feel now even more humbled by the collective wisdom and experience and know-how that has been assembled here and has been expressed over the past two days. So I am in no position right now to pull it all together and give you the strategy of how to move forward. In fact, I do plan to come back to many of you and …
Assessing The Rule Of Law In Russia, Kathryn Hendley
Assessing The Rule Of Law In Russia, Kathryn Hendley
Cardozo Journal of International and Comparative Law
The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the …
Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer
Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer
Cardozo Law Review
No abstract provided.
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
The Oak And The Reed: Counter-Terrorism Mechanisms In France And The United States Of America, Antoine Garapon
The Oak And The Reed: Counter-Terrorism Mechanisms In France And The United States Of America, Antoine Garapon
Cardozo Law Review
No abstract provided.
The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson
The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson
Cardozo Law Review
This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …
Law And Culture In China And Japan: A Framework For Analysis, John O. Haley
Law And Culture In China And Japan: A Framework For Analysis, John O. Haley
Michigan Journal of International Law
This Comment is divided into two parts. The first sets forth a series of definitional propositions intended for a more general analysis of the interrelationships of law and culture. The second comprises an introduction to the evolution of legal institutions that enables us to understand better the reception and development of Western legal institutions in East Asia and provides context for the four articles and their individual and collective insights.
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Cardozo Journal of Conflict Resolution
In the aftermath of the Cold War, there was a general belief that the demise of the major ideological drivers of conflict between East and West would bring about a major reduction in armed conflict. Then, all were stunned by the appearance of seemingly endless ethnic, religious and resource-driven civil conflicts in the 1990s, particularly the horrors of genocide in Rwanda, Srbrenica and Kosovo and the recurring and devastating conflicts in Central and West Africa. In this first decade of the 21st century, conflicts raged in the Congo and Northern Uganda, and massive atrocities have been documented in Darfur. We …
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Michigan Journal of International Law
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.