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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
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
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
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
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
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
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
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
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …