Untangling The Twists Of Habeas Corpus,
2011
Boston University School of Law
Untangling The Twists Of Habeas Corpus, Larry Yackle
Faculty Scholarship
Take it from me. The one job you don't want is sorting out federal habeas corpus. By all accounts, existing arrangements are an unrelieved disaster. Yet now come Nancy King and Joseph Hoffmann with a valiant effort to set things in order. Their book describes habeas corpus as the writ currently stands, offers explanations of why and how we have come to this pass, and, most important, advances a definite plan of action for habeas in criminal cases-a way to fix what so desperately needs fixing. This is a good book, a valuable book. It is informative, essentially accurate in …
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law,
2010
Brigham Young University Law School
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card
BYU Law Review
No abstract provided.
Patient Safety Law: Regulatory Change In Britain And Canada,
2010
Dalhousie University Schulich School of Law
Patient Safety Law: Regulatory Change In Britain And Canada, Fiona Mcdonald
PhD Dissertations
Did governments in different countries regulate common concerns about patient safety differently? If so how and why did they do this? This thesis undertakes a historical comparison of the regulation of patient safety in Britain and Canada between 1980 and 2005. These jurisdictions began the period with very similar regulatory frameworks, but by 2005 there were distinct differences in each jurisdiction‘s regulatory response to patient safety. Britain was very actively regulating all aspects of service provision within its health system in the name of patient safety, whereas Canada‘s regulatory direction showed adherence to the 1980s model with only scattered incremental …
Israel, Palestine, And The Icc,
2010
University of Haifa
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Michigan Journal of International Law
In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …
Michelot Yogogombaye V. Republic Of Senegal,
2010
University of Pittsburgh School of Law
Michelot Yogogombaye V. Republic Of Senegal, Charles C. Jalloh
Articles
No abstract provided.
Max Weber On Property: An Effort In Interpretive Understanding,
2010
Cornell University, Doctoral Candidate, Sociology
Max Weber On Property: An Effort In Interpretive Understanding, Laura R. Ford
Cornell Law School J.D. Student Research Papers
This article reviews Max Weber’s scholarly work pertaining to property, beginning with his first dissertation and ending with the compilation that is Economy and Society. Three phases of Weber’s work are described in detail: a legal phase, an economic-historical phase, and a sociological phase. It is argued that the sociological phase represents the culmination of the two prior phases, drawing on material and arguments from those earlier phases. In the sociological phase of his writing, it is argued that Weber developed a theory of property that is capable of accounting for that phenomenon in all of its dimensions: structural, material, …
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court,
2010
American University Washington College of Law
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
A Tie That Binds: Forum Selection Clause Enforceability In West Virginia,
2010
West Virginia University College of Law
A Tie That Binds: Forum Selection Clause Enforceability In West Virginia, J. Zac Ritchie
West Virginia Law Review
No abstract provided.
A Theoretical Justification For Special Solicitude: States And The Administrative State,
2010
United States Court of Appeals for the Third Circuit
A Theoretical Justification For Special Solicitude: States And The Administrative State, Matthew S. Melamed
Cardozo Public Law, Policy & Ethics Journal
The article examines the Supreme Court's decision in Massachusetts v. EPA, focusing on the doctrine of special solicitude in standing analysis for states. It argues that the Court's recognition of Massachusetts' quasisovereign interest to challenge the EPA's denial of a rulemaking petition reflects a federalist concern, ensuring states can hold federal administrative agencies accountable. The analysis critiques the Court's reliance on special solicitude, highlighting tensions between traditional standing requirements and the unique role of states in constitutional adjudication. The article posits that the special function model of standing, which emphasizes states' roles as protectors of citizens' interests, provides a …
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis,
2010
University of South Carolina - Columbia
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Faculty Publications
No abstract provided.
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice,
2010
Singapore Management University
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …
In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010).,
2010
University of Montana
In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court
Court Decisions
The Court of Appeals upheld the lower court’s dismissal of a child custody case for lack of jurisdiction. The Court held that the Blackfeet Family Code limits the Court’s jurisdiction only to those children who reside on the Blackfeet Reservation, which Evanson did not.
How Piracy Has Shaped The Relationship Between American Law And International Law,
2010
University of Miami School of Law
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
Articles
No abstract provided.
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track,
2010
Indiana University Maurer School of Law
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Federal Communications Law Journal
As the Internet continues to play a more central role in the daily lives of Americans, concerns about how Internet service providers manage their networks have arisen. Responding to these concerns and recognizing the importance of maintaining the open and competitive nature of the Internet, the FCC has taken incremental steps to regulate network management practices. Perhaps the most significant of these steps was its August 2008 Memorandum Decision and Order in which the FCC condemned Comcast Corporation's network management practices as "discriminatory and arbitrary." In that Order, the FCC required that Comcast (1) adopt new practices that complied with …
Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act,
2010
Benjamin N. Cardozo School of Law
Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Cardozo Law Review
No abstract provided.
Private International Law From The Equitable Jurisdiction: Imperialism, Universalism And Pluralism,
2010
Singapore Management University
Private International Law From The Equitable Jurisdiction: Imperialism, Universalism And Pluralism, Tiong Min Yeo
2009 Yong Pung How Professorship of Law Lecture
One side-effect of globalization is increasing cross-border conflict arising from transactions between parties. Today, the courts have sophisticated tools to deal with such conflicts. The focus of this paper is the interrelation between the court’s approach when dealing with problems in its equitable jurisdiction, and its approach when dealing with cross-border problems.
Did The Madisonian Compromise Survive Detention At Guantanamo?,
2010
University of Missouri - Kansas City, School of Law
Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan
Faculty Works
In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction …
Jurisdictional Discovery In United States Federal Courts,
2010
University of Missouri School of Law
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Faculty Publications
The article begins with a discussion of the historical development and jurisprudential bases for jurisdictional discovery, then analyzes the two major structural problems with the device, namely (1) the lack of any identifiable standard regarding when jurisdictional discovery will be ordered and (2) the absence of any understanding about the proper scope of such discovery. Next, the article describes the root causes of these structural inadequacies and proposes several ways to address the root concerns, relying on a new line of Supreme Court precedent (including Ashcroft v. Iqbal) as well as analogies to other common law jurisdictions. The paper concludes …
Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa,
2010
Benjamin N. Cardozo School of Law
Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha
Cardozo Journal of International and Comparative Law
The note examines the tension between protecting U.S. military personnel's rights and respecting host nations' sovereignty through Status of Forces Agreements (SOFAs), focusing on cases from Korea, Japan, and Iraq. It argues that while SOFAs are designed to protect U.S. soldiers, they often infringe on host countries' sovereignty, leading to diplomatic tensions. The analysis highlights the imbalance in SOFAs, favoring the U.S. and undermining host nations' sovereignty, as perceived by citizens and governments. The author suggests that the U.S. needs to adjust its SOFA approach to avoid diplomatic tensions, recommending a more balanced jurisdictional framework.
Reconsidering Reprisals,
2010
Vanderbilt University Law School
Reconsidering Reprisals, Michael A. Newton
Vanderbilt Law School Faculty Publications
The prohibition on the use of reprisals is widely regarded as one of the most sacrosanct statements of the jus in bello applicable to the conduct of modern hostilities. The textual formulations are stark and subject to no derogations. Supporters of the bright line ban describe it as a vital bulwark against barbarity. In the words of the International Committee of the Red Cross, the prohibition is absolute, despite the fact that the declarations of key states indicate residual ambiguity over the scope of permissible reprisals, particularly in the context of non-international armed conflicts. Reprisals are a recurring feature of …
