Sovereignty, This Strange Thing: Its Impact On The Global Economic Order,
2015
University of Georgia School of Law
Sovereignty, This Strange Thing: Its Impact On The Global Economic Order, Kazuaki Sono
Georgia Journal of International & Comparative Law
No abstract provided.
Improving The International Legislative Process,
2015
University of Georgia School of Law
Improving The International Legislative Process, Paul C. Szasz
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward),
2015
University of Georgia School of Law
Symposium - The Future Of International Law: Thoughts On The Next Forty Years (Forward), Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2015
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Defamation: The Play,
2015
Roger Williams University
Defamation: The Play, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide,
2015
Seattle University School of Law
The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters
Seattle University Law Review
Universal jurisdiction is the progressive and contentious legal principle that courts have competence to adjudicate cases involving alleged violations of international law regardless of the nation in which those crimes occurred, the nationality of the victim, or the nationality of the perpetrator. While the limits of more conventional theories of jurisdiction are defined by sovereignty, territory, and nationality, the exercise of universal jurisdiction is based solely on the nature of the crime alleged. That is, when a crime is so serious that it violates peremptory norms of international law, courts are entitled, or even obliged, to hear those cases regardless …
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment,
2015
Seattle University School of Law
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Seattle University Law Review
A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …
Evading Miller,
2015
Seattle University School of Law
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets,
2015
Seattle University School of Law
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt
Seattle University Law Review
On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …
The Oedipus Hex: Regulating Family After Marriage Equality,
2015
Florida State University College of Law
The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill
Scholarly Publications
Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …
The Three Worlds Of Multilevel Democracy: Local Linkages, Civil Society And The Development Of The Modern State,
2015
Singapore Management University
The Three Worlds Of Multilevel Democracy: Local Linkages, Civil Society And The Development Of The Modern State, Jefferey Sellers, Anders Lidstrom, Yooil Bae
Research Collection School of Social Sciences
The Three Worlds of MultilevelDemocracydevelops and applies a novel theory of democratic governance. This theory incorporates micro-level patternsof governance and civic organization at the local scale into a comparative macro-analysisof national democratic institutions. Institutionsand politics at the micro-level of cities and communities provide the basis fora new perspective on national state-society relations. We demonstrate how these local patterns havedeveloped through historical processes that were often distinct from those thatgave rise to national democratic institutions, and analyze how they have shapeddemocratic institutions at the national level. These local patterns continue to account for significant cross-nationalcontrasts in the quality of democracy and …
Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster,
2015
Georgia State University College of Law
Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall
Faculty Publications By Year
Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …
Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception,
2015
Georgia State University College of Law
Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres
Faculty Publications By Year
No abstract provided.
Abandoned Criminal Attempts: An Economic Analysis,
2015
Texas A&M University School of Law
Abandoned Criminal Attempts: An Economic Analysis, Murat C. Mungan
Faculty Scholarship
An attempt is 'abandoned' if the criminal, despite having a chance to continue with his criminal plan, forgoes the opportunity to do so. A regime that makes abandonment a defense to criminal attempts provides an incentive to the offender to withdraw from his criminal conduct prior to completing the previously intended offense. However, the same regime may induce offenders to initiate criminal plans more often by reducing the expected costs associated with such plans. The former effect is called the marginal deterrence effect and the latter is called the ex-ante deterrence effect of the abandonment defense. This Article formalizes a …
Interpreting Liberty And Equality Through The Lens Of Marriage,
2015
Georgetown University Law Center
Interpreting Liberty And Equality Through The Lens Of Marriage, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this essay, I argue that marriage, as described and prescribed in Obergefell v. Hodges, functions as a lens that distorts the principles of liberty and equality upon which the opinion is based. The Supreme Court’s language is saturated with paeans to marriage, to the degree that the opinion seems to suggest that the moral worthiness of same-sex couples who wish to marry provides the ultimate justification for recognizing a constitutional right. The conceptual fulcrum in this analysis is dignity, which other courts have interpreted as an intrinsic human right that extends to a pluralism of family forms, but …
The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth,
2015
Court of Appeals of Virginia
The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker
University of Richmond Law Review
No abstract provided.
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?,
2015
Singapore Management University
Carbon Credits As Eu Like It: Property, Immunity, Tragico2medy?, Kelvin F. K. Low, Jolene Lin
Research Collection Yong Pung How School Of Law
While there have been many legal studies of the European Union Emissions Trading Scheme (EU ETS), none seem to have considered the EU ETS from the perspective of private law, particularly the private law issues that stem from the ambiguous legal nature of the 'carbon credit'. Such ambiguity translates into regulatory uncertainty and business risks of the sort that occurred in Armstrong DLW GmbH v Winnington Networks Ltd [2013] Ch 156, an English case involving fraud and 'stolen' European Union Allowances (EUAs). From an environmental law and policy perspective, uncertainty does not bode well for the EU ETS's regulatory effectiveness …
Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty,
2015
Barry University School of Law
Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh
Environmental and Earth Law Journal (EELJ)
Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.
Earthonomics: Balancing Between Earth And Business,
2015
Barry University School of Law
Earthonomics: Balancing Between Earth And Business, Yazen Abdin
Environmental and Earth Law Journal (EELJ)
Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century,
2015
Barry University Dwayne O. Andreas School of Law
Responding To The Great Work: The Role Of Earth Jurisprudence And Wild Law In The 21st Century, Dr. Michelle Maloney, Sister Pat Siemen Op, Jd
Environmental and Earth Law Journal (EELJ)
In this lead article, the authors build on the idea that we do not need more environmental law in response to the deteriorating health of the natural world. Rather, they argue that what is needed are different approaches to managing human relationships with the earth. They argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. The authors will outline the origins and key elements of the Earth …
