Confronting Founding Injustices: Reconstructive Constitutional Adjudication And Constitutional Legitimacy In Postcolonial States,
2026
Chapman University
Confronting Founding Injustices: Reconstructive Constitutional Adjudication And Constitutional Legitimacy In Postcolonial States, Mutasim Abuzeid
International Studies (MA) Theses
Why do some postcolonial constitutions achieve higher constitutional legitimacy than others? Across the Global South, constitutions have proliferated while legitimacy remains uneven and contested. Existing scholarship explains variation in constitutional legitimacy in postcolonial states through three dominant paradigms. Institutionalist theories equate legitimacy with procedural design and endurance, presuming that stable institutions generate compliance and, over time, diffuse support. Transformative constitutionalism locates legitimacy in social justice, emphasizing judicial doctrines such as proportionality and reasonableness to advance equality and material inclusion. Transitional justice approaches, by contrast, locate moral repair largely outside constitutional law—through truth commissions, reparations, and memory projects—often leaving the constitutional …
Pour Un Nouvel Humanisme,
2026
Saint Joseph University of Beirut
Pour Un Nouvel Humanisme, J.-M. Domenach
Proche-Orient, Études juridiques
No abstract provided.
The Possibilities Of Constitutional Education,
2026
Georgetown University Law Center
The Possibilities Of Constitutional Education, Mark Jia
Georgetown Law Faculty Publications and Other Works
Constitutional scholarship has traditionally focused on formal constitutional actors: courts, legislatures, and executives. These actors are often regarded as primary sources of constitutional law, or in some cases, as final arbiters of constitutional meaning. More peripheral in this literature are actors thought to transmit what courts and high officials have established. These constitutional educators, including law professors, legal journalists, and civics planners, are often overlooked for defensible reasons: They lack the normative authorities of formal institutional actors, and they do not exercise power as it is often understood in public law.
This Article advances a general theory of constitutional education …
Dari Teks Ke Makna: Model Interpretasi Bertingkat Sebagai Jawaban Atas Ketegangan Hukum Dan Keadilan,
2026
Pengadilan Negeri Sigli
Dari Teks Ke Makna: Model Interpretasi Bertingkat Sebagai Jawaban Atas Ketegangan Hukum Dan Keadilan, Erwin Susilo, Iustika Puspa Sari, Dharma Setiawan Negara
Jurnal Hukum & Pembangunan
The Indonesian rule of law emphasizes that law should not be understood merely in a legal-formal sense, but also in its moral and social dimensions. This study stems from the persistent tension between legal certainty and justice and the need for an interpretative method capable of bridging the two. The main objective of this research is to examine and formulate a model of tiered legal interpretation that integrates four approaches derived from the common law tradition—Literal Interpretation (LI), Golden Rule (GR), Mischief Rule (MR), and Purposive Approach (PA)—into the Indonesian legal system. This model has been contextually applied in jurisdictions …
Recherches Sur La Notion De Droit Potestatif,
2026
Saint Joseph University of Beirut
Recherches Sur La Notion De Droit Potestatif, Arnaud Ducrocq
Proche-Orient, Études juridiques
No abstract provided.
L'Incapacité Au Sens De L'Article 216 C.O.C. : Étude Comparative,
2026
Saint Joseph University of Beirut
L'Incapacité Au Sens De L'Article 216 C.O.C. : Étude Comparative, Carla M. Habre
Proche-Orient, Études juridiques
No abstract provided.
Artisans De La Pensée Moderne Des Droits De L'Homme, Hommes Qui Ont Fait La Déclaration Universelle Des Droits De L'Homme, Charles Malik,
2026
Saint Joseph University of Beirut
Artisans De La Pensée Moderne Des Droits De L'Homme, Hommes Qui Ont Fait La Déclaration Universelle Des Droits De L'Homme, Charles Malik, Georges J. Assaf
Proche-Orient, Études juridiques
No abstract provided.
Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy,
2026
University of Maine School of Law
Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt
Maine Law Review
When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …
L'Influence Des Idées De Josserand Sur Le Code Des Obligations Et Des Contrats,
2026
Saint Joseph University of Beirut
L'Influence Des Idées De Josserand Sur Le Code Des Obligations Et Des Contrats, Fayez Hage Chahine
Proche-Orient, Études juridiques
No abstract provided.
La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle,
2026
Saint Joseph University of Beirut
La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle, Hubert De Vauplane
Proche-Orient, Études juridiques
No abstract provided.
Les Mots Et Le Droit,
2026
Saint Joseph University of Beirut
Les Mots Et Le Droit, Jean-Louis Sourioux
Proche-Orient, Études juridiques
No abstract provided.
Offshore Philanthropy: A Critical Look At Family Offices Using Hybrid Trusts,
2026
Singapore Management University
Offshore Philanthropy: A Critical Look At Family Offices Using Hybrid Trusts, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Family offices manage substantial wealth and often undertake philanthropic initiatives as part of their broader objectives. These offices may assume a variety of legal forms, ranging from corporations, partnerships, trusts administered by private trust companies or a combination of these forms. This article is concerned with family offices which use trusts administered by private trust companies in offshore jurisdictions. In response to competition for global wealth, several offshore jurisdictions have enacted trust laws that relax traditional doctrinal constraints to accommodate the needs of family offices. These include the creation of discretionary trusts for hybrid purposes in perpetuity ie trusts that …
Writing – Écriture,
2026
Benjamin N. Cardozo School of Law
Writing – Écriture, Peter Goodrich
Articles
This is the twentieth article in this series (and the fifth in volume 77).
Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy,
2026
Chanakya National Law University, Patna, India
Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar
Indonesian Journal of International Law
International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …
De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit,
2026
Saint Joseph University of Beirut
De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit, Nada Kfouri Khoury
Proche-Orient, Études juridiques
No abstract provided.
The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care,
2026
American University in Cairo
The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry
Theses and Dissertations
This thesis argues that current legal ideals of objectivity and neutrality are historically gendered and inseparable from the development of capitalist property relations and imperial expansion. It traces origins that begin with early modern witch hunts and Francis Bacon’s empiricism, where a new “scientific rationality” emerges alongside intensified patriarchal violence. The thesis then examines John Locke’s labour-based justification of property and the figure of the rational individual, showing how this framework legitimizes enclosure, dispossession and colonial appropriation under the guise of improvement and development. Building on this foundation, the analysis turns to moral psychology and how its allegedly universal stage …
Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law,
2026
Brooklyn Law School
Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen
Brooklyn Journal of International Law
This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …
Table Of Contents,
2026
Seattle University School of Law
How The Dod Discourages Military Families From Seeking Mental Health Counseling,
2026
Seattle University School of Law
How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch
Seattle University Law Review
The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.
The lack of comprehensive data collection by …
Volume 49 Masthead,
2026
Seattle University School of Law
