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Articles 1531 - 1560 of 2347

Full-Text Articles in Rule of Law

The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green Jan 2015

The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green

Articles

Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …


Surveillance, Secrecy, And The Search For Meaningful Accountability, Sudha Setty Jan 2015

Surveillance, Secrecy, And The Search For Meaningful Accountability, Sudha Setty

Faculty Scholarship

One of the most intractable problems in the debate around maintaining the rule of law while combating the threat of terrorism is the question of secrecy and transparency. In peacetime, important tenets to the rule of law include transparency of the law, limits on government power, and consistency of the law as applied to individuals in the policy. Yet the post-9/11 decision-making by the Bush and Obama administrations is characterized with excessive secrecy that stymies most efforts to hold the government accountable for its abuses. Executive branch policy with regard to detention, interrogation, targeted killing and surveillance are kept secret, …


Appellate Division, First Department, People V. Celaj, Danielle Dupré Dec 2014

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Apellate Division, Third Department, People V. Kelley, Elyssa Lane Dec 2014

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley Dec 2014

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora Dec 2014

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Week After, Lawrence K. Karlton Dec 2014

The Week After, Lawrence K. Karlton

Touro Law Review

No abstract provided.


Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil Oct 2014

Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil

Georgia Journal of International & Comparative Law

No abstract provided.


The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi Oct 2014

The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi

Georgia Journal of International & Comparative Law

No abstract provided.


Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, John C. Williamson Oct 2014

Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, John C. Williamson

Georgia Journal of International & Comparative Law

No abstract provided.


Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams Oct 2014

Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams

Georgia Journal of International & Comparative Law

No abstract provided.


Panel 3: The Development Of A Market Democracy, Timothy B. Mills, Keith W. Crane, O. Lee Reed, Robert D. Gatewood Oct 2014

Panel 3: The Development Of A Market Democracy, Timothy B. Mills, Keith W. Crane, O. Lee Reed, Robert D. Gatewood

Georgia Journal of International & Comparative Law

No abstract provided.


Panel 2: Building The Institutions Of The Nation, Louis M. Aucoin, Karl F. Inderfurth, Howard J. Wiarda, Thomas P. Lauth Oct 2014

Panel 2: Building The Institutions Of The Nation, Louis M. Aucoin, Karl F. Inderfurth, Howard J. Wiarda, Thomas P. Lauth

Georgia Journal of International & Comparative Law

No abstract provided.


Address: Post-War Criminal Justice In Iraq, Travis W. Hall Oct 2014

Address: Post-War Criminal Justice In Iraq, Travis W. Hall

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki Oct 2014

Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki

Georgia Journal of International & Comparative Law

No abstract provided.


Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky Oct 2014

Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


Anarchy, Status Updates, And Utopia, James Grimmelmann Oct 2014

Anarchy, Status Updates, And Utopia, James Grimmelmann

Cornell Law Faculty Publications

Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.

Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come together …


Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner Sep 2014

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy And The Commitment To International Law, Allen Buchanan Sep 2014

Democracy And The Commitment To International Law, Allen Buchanan

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn Sep 2014

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh Sep 2014

The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh

Georgia Journal of International & Comparative Law

No abstract provided.


Application Of Grey Theory In Mandatory Flag State Audit On Stcw Convention Implementation, Pengju Li Aug 2014

Application Of Grey Theory In Mandatory Flag State Audit On Stcw Convention Implementation, Pengju Li

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Norm Supercompliance And The Status Of Soft Law, Brian Sheppard Aug 2014

Norm Supercompliance And The Status Of Soft Law, Brian Sheppard

Buffalo Law Review

No abstract provided.


The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles Jun 2014

The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles

Michigan Journal of International Law

Suppose a government agency tasks its purchasing agent with buying a set of computer servers for the agency’s use, and the agent contacts a technology company to make the purchase. After selecting the needed servers, the agent learns of the servers’ fair market value but does not negotiate with the technology company to obtain the lowest possible price. Instead, unbeknownst to the government, the agent agrees with the technology company’s sales manager to purchase the servers on behalf of the government for an amount significantly above their fair market value, and, in return, the company agrees to give the agent …


Civil Rulemaking In Nevada: Contemplating A New Advisory Committee, Thomas O. Main Jun 2014

Civil Rulemaking In Nevada: Contemplating A New Advisory Committee, Thomas O. Main

Nevada Law Journal

No abstract provided.


Law's Authorizations And Rule Of Law Ideals: Lessons From Russia, David M. Woodruff May 2014

Law's Authorizations And Rule Of Law Ideals: Lessons From Russia, David M. Woodruff

Georgia Journal of International & Comparative Law

No abstract provided.


Jlia 3:1 - The Future Of International Criminal Justice Apr 2014

Jlia 3:1 - The Future Of International Criminal Justice

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen Apr 2014

Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen

Penn State Journal of Law & International Affairs (2012 - Present)

Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …


National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz Apr 2014

National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz

Penn State Journal of Law & International Affairs (2012 - Present)

Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the …