Moving Towards A Nominal Constitutional Court? Critical Reflections On The Shift From Judicial Activism To Constitutional Irrelevance In Taiwan's Constitutional Politics,
2016
University of Washington School of Law
Moving Towards A Nominal Constitutional Court? Critical Reflections On The Shift From Judicial Activism To Constitutional Irrelevance In Taiwan's Constitutional Politics, Ming-Sung Kuo
Washington International Law Journal
The Taiwan Constitutional Court (TCC, also known as the Council of Grand Justices) has been regarded as a central player in Taiwan’s transition to democracy in the late twentieth century. Transforming from a rubberstamp under the authoritarian regime into a facilitator of political dispute settlement, the TCC channelled volatile political forces into its jurisdiction. Thanks to the TCC’s judicial activism, the judicialization of constitutional politics was characteristic of Taiwan’s democratization in the last two decades of the twentieth century. The TCC scholarship asserts that the TCC has continued to play a pivotal role in Taiwan’s constitutional politics in the twenty-first …
On The Uneven Journey To Constitutional Redemption: The Malaysian Judiciary And Constitutional Politics,
2016
University of Washington School of Law
On The Uneven Journey To Constitutional Redemption: The Malaysian Judiciary And Constitutional Politics, Yvonne Tew
Washington International Law Journal
This article explores the Malaysian judiciary’s approach toward interpreting the Federal Constitution of Malaysia and situates it within the context of the nation’s political and constitutional history. It traces the judiciary’s movement toward a more rights-oriented approach followed by its more recent retreat, which has been marked by strict formalism and insularity in several appellate court decisions. This article argues that the Malaysian courts’ journey toward constitutional redemption has been uneven so far. In order to reclaim its constitutional position as a co-equal branch of government, the Malaysian judiciary must be willing to uphold its constitutional duty to assert its …
Constitutional Fig Leaves In Asia,
2016
University of Washington School of Law
Constitutional Fig Leaves In Asia, Po Jen Yap
Washington International Law Journal
Constitutional landscapes in Asia are littered with fig leaves. These proverbial fig leaves are legal principles, doctrines, and theories of interpretation that judges appeal to when resolving constitutional disputes. This article uncovers and examines three constitutional fig leaves that are prevalent and flourishing in Asia: 1) formalism and its conceptual variants; 2) the exercise of judicial review that is merely symbolic; and 3) the invocation of vacuous constitutional doctrines. This article further argues that judicial recourse to fig leaves is not intended to deceive anyone about what courts are doing; the fig leaves are on public display merely to demonstrate …
Globalization, Rights And Judicial Review In The Supreme Court Of India,
2016
University at Buffalo School of Law
Globalization, Rights And Judicial Review In The Supreme Court Of India, Manoj Mate
Journal Articles
This article examines the broader and evolving role of the Supreme Court of India in an era of globalization by examining the Court’s decisionmaking in rights-based challenges to economic liberalization, privatization, and development policies over the past three decades. While the Court has been mostly deferential in its review of these policies and projects, it has in many cases been active and instrumental in remaking and reshaping regulatory frameworks, bureaucratic structures, accountability norms, and in redefining the terrain of fundamental rights that non-governmental organizations (NGOs) and other litigants have invoked in challenges to these policies. This article argues that the …
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts,
2016
Arent Fox LLP
Predicate Offenses, Foreign Convictions, And Trusting Tribal Courts, Alexander S. Birkhold
Michigan Law Review Online
Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts. Federal courts, however, have historically accepted tribal court convictions as predicate offenses under recidivist statutes. But the Ninth Circuit Court of Appeals recently rejected the uncounseled convictions obtained against Michael Bryant, Jr., a serial domestic abuser, in the Northern Cheyenne Tribal Court. The court dismissed a federal indictment that had been brought against Bryant under 18 U.S.C § 117, which makes it a felony to commit domestic violence against a spouse or partner in Indian country if the …
Improving Patent Quality Through Post-Grant Claim Amendments: A Comparison Of European Opposition Proceedings And U.S. Post-Grant Proceedings,
2016
University of Michigan Law School
Improving Patent Quality Through Post-Grant Claim Amendments: A Comparison Of European Opposition Proceedings And U.S. Post-Grant Proceedings, Jennifer Turchyn
Michigan Law Review
Congress enacted the Leahy-Smith America Invents Act to encourage innovation, strengthen U.S. patents, and achieve greater uniformity with foreign patent systems. The America Invents Act introduced two new post-grant patent validity proceedings: inter partes review and post-grant review. The new U.S. proceedings are similar to European opposition proceedings, but there are significant differences in the extent of the patent owner’s ability to amend claims, the patent’s claim construction, the patent owner’s evidentiary burden, and the procedural requirements. The U.S. proceedings result in a very limited opportunity for amendment and a high percentage of invalidated patents. In contrast, European opposition proceedings …
Material Contribution To Risk In The Canadian Law Of Toxic Torts,
2016
University of Ottawa
Material Contribution To Risk In The Canadian Law Of Toxic Torts, Lynda M. Collins
Chicago-Kent Law Review
Causation is acknowledged as the single biggest hurdle to recovery for plaintiffs in toxic tort actions in Canada (and elsewhere). Scientific uncertainty involving questions of both generic and specific causation has frequently precluded recovery for plaintiffs even where defendants have negligently exposed them to toxic risk. Three types of uncertainty have been identified: plaintiff indeterminacy (where we know that the defendant has harmed some proportion of a particular population but no individual can prove causation); defendant indeterminacy (where we know that a group of defendants has harmed a particular plaintiff or plaintiffs but each can escape liability by pointing the …
Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues,
2016
University of Bristol
Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant
Chicago-Kent Law Review
This paper reviews from a comparative legal perspective the range of juridical techniques that have been developed in different legal systems to address perceived problems of uncertain alternative causation. It finds that the process of development has generally proceeded in an ad hoc and unprincipled fashion, without regard for overall coherence. It argues for a more principled legal approach in which the appropriate legal response (full liability, proportional liability or no liability) is adopted on the basis of a ranking of the different categories of cases in which problems of causal uncertainty can arise, reflecting the strength (or weakness) of …
Causation In Hepatitis B. Vaccination Litigation In France: Breaking Through Scientific Uncertainty?,
2016
Universite Pantheon-Assas
Causation In Hepatitis B. Vaccination Litigation In France: Breaking Through Scientific Uncertainty?, Jean-Sebastien Borghetti
Chicago-Kent Law Review
Vaccination against hepatitis B has been available since 1982 and is strongly recommended by most health professionals. In France, the hepatitis B vaccine is very widespread, but it has come under suspicion that it can cause demyelinating diseases such as multiple sclerosis. Several epidemiological studies have been carried out to discover if there is indeed a connection between the hepatitis B vaccination and demyelinating diseases, but no such connection has been established so far. Many cases have nevertheless been brought before French courts, in which plaintiffs argue that they have developed a demyelinating disease due to the hepatitis B vaccination, …
An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property,
2016
IIT Chicago-Kent College of Law
An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart
Chicago-Kent Law Review
Cultural heritage has been targeted during military conflicts throughout history. Currently, the conflict in Syria is resulting in the destruction of ancient immoveable cultural heritage property. This destruction is particularly devastating because Syria has served as a melting pot of Eastern and Western cultures throughout history. This note examines the history of international laws aimed at the protection of cultural heritage property. After applying those laws to the current Syrian conflict, this note offers multiple suggestions to improve the protection of immoveable cultural heritage property. The improvements advanced by this note include necessary changes to the current regime of international …
Killing The Policy To Save The Child: Comparing The Historical Removal Of Indigenous Children In Austrailia To The United States And How The Countries Can Learn From Each Other,
2016
Seattle University School of Law
Killing The Policy To Save The Child: Comparing The Historical Removal Of Indigenous Children In Austrailia To The United States And How The Countries Can Learn From Each Other, Drew Pollom
American Indian Law Journal
No abstract provided.
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles,
2016
United States Military Academy
Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy
International Human Rights Law Journal
Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society,
2016
DePaul University
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
International Human Rights Law Journal
The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction,
2016
Keimyung University
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
International Human Rights Law Journal
Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …
Super Strong Clear Statement Rules Down Under,
2016
University of Idaho College of Law
Super Strong Clear Statement Rules Down Under, Linda Jellum
Articles
No abstract provided.
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention,
2016
University of Georgia School of Law
State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole
Georgia Journal of International & Comparative Law
No abstract provided.
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S,
2016
University of Georgia School of Law
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations,
2016
University of Georgia School of Law
Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations, C. Don Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?,
2016
University of Ife Nigeria
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform,
2016
University of Zambia
Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform, E. A. Botchwey
Georgia Journal of International & Comparative Law
No abstract provided.
