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Articles 31 - 39 of 39
Full-Text Articles in Transnational Law
The Influence Of The German Concepts Of Volksgeist And Zeitgeist On The Thought And Jurisprudence Of Oliver Wendell Holmes, James Knudson
The Influence Of The German Concepts Of Volksgeist And Zeitgeist On The Thought And Jurisprudence Of Oliver Wendell Holmes, James Knudson
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Internationally Guaranteed Constitutive Order: Cyprus And Bosnia As Predicates For A New Nontraditional Actor In The Society Of States, Thomas D. Grant
Internationally Guaranteed Constitutive Order: Cyprus And Bosnia As Predicates For A New Nontraditional Actor In The Society Of States, Thomas D. Grant
Florida State University Journal of Transnational Law & Policy
The purpose of this article is to discuss two state building projects in comparative perspective--one attempted in Cyprus from 1960 to 1963, and another in Bosnia begun in 1995 and still under way. In cooperation with local parties, segments of the international community undertook in both Cyprus and Bosnia to establish constitutive structures that could accommodate mutually antagonistic ethnic groups in a single state and secure a position for the state in international society. Faced with problems similar in several essential aspects, the framers of the Bosnian constitutive structures of 1995, and their forebears in Cyprus in 1960, formulated similar …
Duress And Provocation As Excuses To Murder: Salutary Lessons From Recent Anglo-American Jurisprudence, Alan Reed
Florida State University Journal of Transnational Law & Policy
The defenses of duress and provocation can be analogized as concessions to human frailty. Both defenses are predicated upon "confession and avoidance." In each scenario, the defendants actually admit the completion of the actus reus with the attendant mens rea (confession) but seek to excuse their conduct to deny criminal liability (avoidance). Essentially, both defenses involve a concoction of excuse, moral involuntariness, and human frailty. They focus attention on legitimate societal expectations of the reasonable man in criminal law. Unfortunately, the Anglo-American tradition, vis a vis these defenses, is replete with vagaries, inconsistencies, and anomalies. Comparing these defenses in English …
The Exclusion Of Hiv-Positive Aliens: United States Immigration Policy And International Human Rights Law, Margaret Benenati
The Exclusion Of Hiv-Positive Aliens: United States Immigration Policy And International Human Rights Law, Margaret Benenati
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Recklessness As Scienter In Corporate Securities Trading: An Analysis And Evaluation Of United States Investor Protection Policy Reforms And Their Implications For The Commonwealth Caribbean, Stephen J. Leacock
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Constitutional Development Of Religious Freedom In Spain: An Historical Analysis, Daniel B. Montserrat
The Constitutional Development Of Religious Freedom In Spain: An Historical Analysis, Daniel B. Montserrat
Florida State University Journal of Transnational Law & Policy
Religious freedom has always constituted a problem in Spain. It can be said that over the centuries, there has only existed intolerance and even on several occasions, persecution. Clearly, the times in which respect and peaceful coexistence occurred in Spain among the three principal religions were limited and fleeting. Unfortunately, even Spanish constitutional history is replete with examples of religious intolerance. From the Cddiz Constitution of 1808, liberal in its politics, but tremendously repressive with respect to religion up until the present day, there have been scarcely twentyfive years of "religious freedom." Recalling the period prior to the first constitution, …
Neighboring Countries; Un-Neighborly Acts: A Look At The Extradition Relationships Among The United States, Mexico, And Canada, Dea Abramschmitt
Neighboring Countries; Un-Neighborly Acts: A Look At The Extradition Relationships Among The United States, Mexico, And Canada, Dea Abramschmitt
Florida State University Journal of Transnational Law & Policy
In the wake of the troubling Supreme Court decision in United States v. Alvarez-Machain, where the Court approved jurisdiction although the defendant had been abducted from Mexico by U.S. Drug Enforcement Agents (DEA), both Mexico and Canada have expressed dismay at what they see as a blatant violation of international law. The United States has reinforced its uncooperative position in the area of law enforcement across territorial boundaries. According to Mexico and Canada, the U.S. has disregarded both the terms of their respective extradition treaties with them as well as the basic precepts of international law. They have valid cause …
Recognizing Constitutional Rights Of Excludable Aliens: The Ninth Circuit Goes Out On A Limb To Free The Flying Dutchman - Dispensing With A Legal Fiction Creates An Opportunity For Reform, Wendy R. St. Charles
Recognizing Constitutional Rights Of Excludable Aliens: The Ninth Circuit Goes Out On A Limb To Free The Flying Dutchman - Dispensing With A Legal Fiction Creates An Opportunity For Reform, Wendy R. St. Charles
Florida State University Journal of Transnational Law & Policy
No abstract provided.
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
Scholarly Publications
What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …