Courts Commons^™

La Protection Des Droits Fondamentaux Par Le Conseil D'État Du Liban, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Le Point De Départ Du Délai Du Recours Pour Excès De Pouvoir À La Suite D'Une Déclaration D'Utilité Publique En Droit Libanais, Elias Haswany

Proche-Orient, Études juridiques

No abstract provided.

المحكمة العليا الأميركية في النقاش القانوني المعاصر: مراجعة المحكمة القضائية بين نظرية جن هارت إيلي ونظرية روبرت بورك, شبلي الملاّط

Proche-Orient, Études juridiques

No abstract provided.

Bibliographie, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Le Droit Administratif Libanais, Est-Il Toujours Un Droit Non Écrit ?, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Législateurs Déguisés En Juges Ou Fidèles Serviteurs De La Loi?, Michel Halbecq S.J.

Proche-Orient, Études juridiques

No abstract provided.

Les Effets Du Jugement Étranger Invoqué Indépendamment De L'Exequatur, Abdo Ghossoub

Proche-Orient, Études juridiques

No abstract provided.

Brief Of Richard W. Garnett As Amicus Curiae In Support Of Defendant-Appellant And Reversal, John L. Rockenbach, Richard W. Garnett

Court Briefs

No. 23-3696
United States of America v. Mujera Benjamin Lung'aho

On Remand from the Supreme Court of the United States, Case No. 25-6124

Appeal from the United States District Court for the Eastern District of Arkansas
Case No. 20-cr-288-DPM-1 Hon. D.P. Marshall Jr.

From the Summary of Argument

In light of Landor v. Louisiana Department of Corrections & Public Safety, Section 844(f)(1) of Title 18, as applied to Mr. Lung’aho, exceeds Congress’s constitutional authority. It is a fundamental principle of constitutional law that the federal government lacks a general police power. Therefore, there are real and enforceable limits on …

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …

Whose Burden Is It Anyway? A Historical Resolution To Burden Allocation Under Federal Rule Of Civil Procedure 12(B)(3), Curtis Valencia

Northwestern University Law Review

Today, venue is generally treated as secondary to jurisdiction: statutory, waivable, and concerned with where litigation should proceed, rather than whether it should proceed at all. Yet the courts of appeals remain split over a basic question of federal venue procedure: who bears the burden of proof when a defendant moves to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3)? Though seemingly technical, in practice, burden allocation can determine whether a suit survives.

This Note offers the first historically grounded approach to resolving Rule 12(b)(3)’s burden allocation problem and argues that the circuit majority approach rests on …

Arbitration In Name Only, Myriam Gilles

Northwestern University Law Review

Modern arbitration clauses hide a dirty secret: many don’t actually provide for genuine arbitration. These provisions masquerade as mutual commitments to fair and efficient private dispute resolution but, in truth, are mere imitations of genuine arbitration provisions. Some reserve for the drafter the power to amend or terminate the clause at will without notice or consent; others design the arbitration process to ensure bias from the start; still others depart so radically from the bilateral, informal model blessed by the Supreme Court that they scarcely resemble arbitration at all. These arrangements are arbitration in name only, falling outside the Federal …

Fake News From Fake Dudes: Why State Statutes Regulating Political Deepfakes Are Both Necessary And Constitutional, Jay Kennedy

Northwestern University Law Review

As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for …

Originalism's General-Law Turn, Nina Varsava, Bill Watson

Northwestern University Law Review

Originalists are increasingly turning to a general-law theory of constitutional rights. Under this theory, constitutional enactment declared but did not create constitutional rights. The content of those rights was, and remains, a question of general law—a species of common law, regularly employed at the Founding, that transcends jurisdictional boundaries. This preoccupation with general law has precipitated a wave of scholarship developing general-law accounts of various constitutional rights. Yet the nature of general law itself remains poorly understood.

This Article offers a theory of general law. Using philosophical methods to reexamine early American cases and recent work in legal history, the …

Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller

Fordham Law Review

In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

The Role Of Reliance In Stare Decisis Doctrine, Rochelle Hestnas

Fordham Law Review

The U.S. Supreme Court’s recent treatment of reliance interests in stare decisis doctrine is in flux. The Court has overruled long-standing precedent such as Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with scant analysis as to how reliance interests factor into stare decisis doctrine, despite continuing to name reliance as a factor that should be considered. Arguments for whether and how reliance interests deserve protection are inherently challenging because it cannot be the case that every precedent should stand. Using Dobbs v. Jackson Women’s Health Organization as a case study, this Note analyzes the Court’s claim …

The Alien Enemies Act Of 1798, Andrew Kent

Fordham Law Review

For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …