Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.).,
2016
McClain, Mellen, Bowling & Hickman
Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark
Georgia Journal of International & Comparative Law
No abstract provided.
International Fisheries Regulation,
2016
University of Georgia School of Law
International Fisheries Regulation, John P. Rivers
Georgia Journal of International & Comparative Law
No abstract provided.
Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality,
2016
George Washington University
Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg
Georgia Journal of International & Comparative Law
No abstract provided.
Law Enforcement As Political Question,
2016
University of California Hastings College of the Law
Law Enforcement As Political Question, Zachary S. Price
Notre Dame Law Review
Across a range of contexts, federal courts have crafted doctrines that limit judicial secondguessing of executive nonenforcement decisions. Key case law, however, carries important ambiguities of scope and rationale. In particular, key decisions have combined rationales rooted in executive prerogative with concerns about nonenforcement’s “unsuitability” for judicial resolution. With one nonenforcement initiative now before the Supreme Court and other related issues percolating in lower courts, this Article makes the case for the latter rationale. Judicial review of nonenforcement, on this account, involves a form of political question, in the sense of the “political question doctrine”: while executive officials hold a …
Judicial Lobbying,
2016
University of Washington School of Law
Judicial Lobbying, J. Jonas Anderson
Washington Law Review
Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done—not to mention little that could be done—to restrict judges from lobbying. Judicial lobbying occurs, in large part, when Congress …
Judicial Lobbying,
2016
University of Washington School of Law
Judicial Lobbying, J. Jonas Anderson
Washington Law Review
Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done—not to mention little that could be done—to restrict judges from lobbying. Judicial lobbying occurs, in large part, when Congress …
Habeas As Forum Allocation: A New Synthesis,
2016
Georgetown University Law Center
Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question – one of recognized significance for contemporary debates about the proper scope of habeas review. This Essay provides a new answer. It argues that, until the enactment of AEDPA in 1996, state prisoners were always entitled to de novo review of the legal and mixed law/fact questions decided against them by the state courts. Until 1916, such review was provided by the Supreme Court; after 1953, such review was provided by the lower …
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age,
2016
Steptoe & Johnson LLP
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Catholic University Journal of Law and Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World,
2016
Cloudigy Law PLLC
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
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.
Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal,
2016
University of Mississippi School of Law
Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal, Stephen Gorove
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany,
2016
University of Georgia School of Law
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization,
2016
International Labor Organization
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Same-Sex Marriage Cases And Federal Jurisdiction: On Third-Party Standing And Why The Domestic Relations Exception To Federal Jurisdiction Should Be Overruled,
2016
University of Miami Law School
The Same-Sex Marriage Cases And Federal Jurisdiction: On Third-Party Standing And Why The Domestic Relations Exception To Federal Jurisdiction Should Be Overruled, Steven G. Calabresi, Genna L. Sinel
University of Miami Law Review
In this paper, we consider two questions. First, we address whether there was proper standing for the Article III courts to decide United States v. Windsor, 570 U.S. 133 S. Ct. 2675, 2696 (2013) and Hollingsworth v. Perry, 133 S. Ct. 2652, 2668 (2013). We conclude that the third-party appellants lacked standing in federal court. Second, we examine whether cases challenging state same-sex marriage bans were and are cases in “law and equity” or instead, barred under the domestic relations exception for the purposes of federal question jurisdiction. We conclude that the domestic relations exception to federal jurisdiction is an …
The Teaching Of International Law,
2016
Yale Law School
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law,
2016
Institut de Droit International
The Teaching Of International Law, Edward Mcwhinney
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community,
2016
University of Georgia School of Law
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community,
2016
European Commission of Human Rights
The Function Of The International Court Of Justice In The World Community, James Fawcett
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community,
2016
Foreign and Commonwealth Office
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
Georgia Journal of International & Comparative Law
No abstract provided.
