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