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9,216 full-text articles. Page 162 of 216.

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman 2014 Touro College

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman

Georgia Journal of International & Comparative Law

No abstract provided.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan 2014 American University in Cairo

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan 2014 Department of Law, University of Guyana

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn 2014 Southern Methodist University

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley 2014 Ohio State University

Must Treaty Violations Be Remedied?: A Critique Of Sanchez-Llamas V. Oregon, John Quigley

Georgia Journal of International & Comparative Law

No abstract provided.


Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford 2014 University of Georgia School of Law

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware 2014 University of Delaware

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson 2014 International Monetary Fund

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.


The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet 2014 Pace University

The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet

Pace Law Review

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …


When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic 2014 University of Georgia School of Law

When Skeletons Come Out Of The Closet: Implications Of The Bosnian Genocide Decision For Serbia's Eventual Eu Accession, Edina Slomic

Georgia Journal of International & Comparative Law

No abstract provided.


M.S.S. V. Belgium And Greece (European Court Of Human Rights): The Interplay Between European Union Law And The European Convention On Human Rights In The Post-Lisbon Era, Ton Zuijdwijk 2014 University of Ottawa

M.S.S. V. Belgium And Greece (European Court Of Human Rights): The Interplay Between European Union Law And The European Convention On Human Rights In The Post-Lisbon Era, Ton Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley 2014 University of Georgia School of Law

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Georgia Journal of International & Comparative Law

No abstract provided.


People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter 2014 Villanova University Charles Widger School of Law

People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter

Villanova Law Review (1956 - )

No abstract provided.


A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith 2014 Notre Dame Law School

A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith

Journal Articles

The dangers of “overcriminalization” are widely appreciated across the political spectrum, but confusion remains as to its cause. Standard critiques fault legislatures alone. The problem, however, is not simply that too many criminal laws are on the books, but that they are poorly defined in ways that give unwarranted sweep to the criminal law, raising the danger of punishment absent or in excess of moral blameworthiness. Instead of narrowing ambiguous criminal laws to more appropriate bounds, courts frequently expand them, even when this ratchets up the punishment that offenders face, and fail to insist on proof of sufficiently culpable states …


Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke 2014 Northwestern Pritzker School of Law

Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke

NULR Online

No abstract provided.


Democracy-Assisting Judicial Review And The Challenge Of Partisan Polarization, Terri Peretti 2014 Santa Clara University

Democracy-Assisting Judicial Review And The Challenge Of Partisan Polarization, Terri Peretti

Utah Law Review

This Article recommends abandoning the democracy-assisting idea and instead exploring ways to prevent the Court from being enlisted in extreme and unrepresentative causes. Reform ideas should focus on increasing and regularizing turnover on the Court and encouraging the selection of more representative Justices, an outcome made more likely by increasing the representativeness of the elected officials who choose the Justices. Absent a crisis, of course, it is highly unlikely that any such reforms will be adopted. Nonetheless, it is a worthwhile exercise to think about how to enhance representational and consensus-building processes in the presence of growing partisan polarization. And …


Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern 2014 Florida State University College of Law

Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern

Scholarly Publications

No abstract provided.


Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel 2014 University of Missouri School of Law

Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel

Journal of Dispute Resolution

States have long relied on the doctrines of unconscionability and public policy to protect individuals against unfair terms in mandatory arbitration provisions. The Supreme Court recently struck a blow to such efforts in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant. In those two cases, the Court established that a challenge to the enforceability of unfairly one-sided arbitration clauses is preempted if it would interfere with "fundamental attributes of arbitration." Several commentators have argued that these decisions will dramatically alter the arbitration landscape, by wiping away virtually any contract defense to the validity of an …


Ineffective Assistance Of Counsel Before "Powell V. Alabama": Lessons From History For The Future Of The Right To Counsel, Sara Mayeux 2014 Vanderbilt University Law School

Ineffective Assistance Of Counsel Before "Powell V. Alabama": Lessons From History For The Future Of The Right To Counsel, Sara Mayeux

Vanderbilt Law School Faculty Publications

In the first Part of this Essay, I outline the common law agency rule that precluded reversal of a judgment on the basis of counsel negligence. While this rule was developed in civil litigation, state judges also applied it in criminal appeals. In many states, judges continued to apply the rule strictly through the 1920S or even later. However, from the 188os through the 1920s, some state judges moved toward a more flexible application of the rule in criminal cases. Though judges still recited the traditional rule that counsel negligence could not be grounds for a new trial, they now …


The Mandatory Death Penalty In Ghana: A Comparative Constitutional Perspective On Dexter Johnson V. Republic, Andrew Novak 2014 Yeshiva University, Cardozo School of Law

The Mandatory Death Penalty In Ghana: A Comparative Constitutional Perspective On Dexter Johnson V. Republic, Andrew Novak

Cardozo Public Law, Policy & Ethics Journal

The article examines the Supreme Court of Ghana's decision to uphold the mandatory death penalty, contrasting it with the global trend towards abolition. It highlights the tension between the court's textual interpretation of the constitution and international human rights pressures, emphasizing the need for legislative reform to align with human rights standards.


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