Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons™

Open Access. Powered by Scholars. Published by Universities.®

4,189 Full-Text Articles 3,940 Authors 4,670,881 Downloads 154 Institutions

All Articles in Public Law and Legal Theory

Faceted Search

4,189 full-text articles. Page 103 of 143.

Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon 2017 American University Washington College of Law

Lofty Goals In Dire Times: South Sudan's Obstacles To Achieving The New Sdgs, Harjot Dhillon

Sustainable Development Law & Policy

No abstract provided.


Developing An International Carbon Tax Regime, Steven Specht 2017 American University Washington College of Law

Developing An International Carbon Tax Regime, Steven Specht

Sustainable Development Law & Policy

No abstract provided.


A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson 2017 American University Washington College of Law

A North-South Struggle: Political And Economic Obstacles To Sustainable Development, Imrana Iqbal, Charles Pierson

Sustainable Development Law & Policy

No abstract provided.


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid 2017 American University Washington College of Law

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser Alreshaid

Sustainable Development Law & Policy

No abstract provided.


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Caitlin Buchanan 2017 American University Washington College of Law

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.


Slaying The Gerrymander: How Reform Will Happen In The Commonwealth, Brian Cannon, Ben Williams 2017 University of Richmond

Slaying The Gerrymander: How Reform Will Happen In The Commonwealth, Brian Cannon, Ben Williams

Richmond Public Interest Law Review

Gerrymandering is a political tool that snuck its way into Virginia politics long ago. It has become problematic over time, threatening true democracy in the Commonwealth. This article outlines what those problems are, how other states reacted to similar issues, and what Virginia politicians have done to respond to gerrymandering. It offers proposed solutions to the issues, and calls upon the Virginia General Assembly and elected governor to take action.


A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice 2017 University of Richmond

A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice

Richmond Public Interest Law Review

Virginia has one of the lowest felony grand larceny thresholds in the nation. This low threshold has not been adjusted with inflation since 1980 and, thus, results in a high number of felony convictions in the state today. This article examines the current debate surrounding Virginia’s felony grand larceny threshold and presents a remedy that will reasonably man- age the state’ s interests in preventing future larcenies while not unduly punishing citizens for committing minor crimes.


Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie E. McConnell 2017 University of Richmond

Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie E. Mcconnell

Richmond Public Interest Law Review

Recent United States Supreme Court decisions have declared it unconstitutional to sentence a juvenile to mandatory life in prison without an opportunity for parole. Virginia, a state that abolished parole in 1995, has yet to recognize the federally mandated prohibition against disproportionate punishment imposed on juveniles, particularly in cases where the mandatory minimum sentence is life without parole. This article proposes the General Assembly should amend current laws that reflect the unconstitutionality of these statutes as applied to juveniles.


Amending The Virginia Residential Landlord-Tenant Act Regarding Liability For Bedbug Extermination, Lisa Allen 2017 University of Richmond

Amending The Virginia Residential Landlord-Tenant Act Regarding Liability For Bedbug Extermination, Lisa Allen

Richmond Public Interest Law Review

An addition to the Virginia Code has caused complications for residential tenants who experience bedbugs in their rental units. A proposed amendment to this law will hold landlords liable for dealing with bedbugs infestations because landlords are in a position that makes them most able to afford treatment. This amendment would also address bedbugs effectively according to scientific research and align with federal housing guidelines.


Sometimes It Takes A Tragedy: How The Death Of A Mentally Ill Inmate May Become A Catalyst For A New Horizon Of Mental Health Reform In Virginia, Snapper Tams 2017 University of Richmond

Sometimes It Takes A Tragedy: How The Death Of A Mentally Ill Inmate May Become A Catalyst For A New Horizon Of Mental Health Reform In Virginia, Snapper Tams

Richmond Public Interest Law Review

This comment recounts a recent tragedy that occurred in the Common- wealth of Virginia that resulted from neglect of a mentally ill inmate in the state’s correctional system. Mentally ill inmates have been long ignored by the Commonwealth as a result of lack of funds and resources available to correctional facilities. The General Assembly has considered legislation that would prevent stories like the one in this comment, but legislators delayed action and prioritized other matters. This comment calls upon the General Assembly to take these tragedies seriously and put mentally ill in- mates on the agenda in 2018.


A Century Of French International Law Scholarship, Emmanuelle Jouannet 2017 University of Maine School of Law

A Century Of French International Law Scholarship, Emmanuelle Jouannet

Maine Law Review

In this study of contemporary French scholarship in the field of international law, I aimed to reveal its reality at the dawn of the 21st century, but I quickly discovered that it is difficult to understand the current trends in this area of scholarship without first placing French international legal thought in the broader context of the evolution of international law itself. It seems that the increased stature of international law and its considerable expansion since 1945 are both accepted and problematic. This evolution is not problematic in and of itself; the problem lies in the increased interest it arouses …


Joseph Weiler, Eric Stein, And The Transformation Of Constitutional Law, Daniel Halberstam 2017 University of Michigan Law School

Joseph Weiler, Eric Stein, And The Transformation Of Constitutional Law, Daniel Halberstam

Book Chapters

This chapter pursues that idea in three parts. Part I reviews the key contributions of The Transformation of Europe. Part II takes us back for a critical analysis of the idea of ‘constitutionalism’ as first developed by Eric Stein and then deployed by Joseph Weiler. On closer inspection, we shall see here that The Transformation of Europe may have neglected a core element of constitutional law, something this chapter terms a ‘generative space’ for law and politics. As this part further explains, recognising this generative element of constitutionalism lies at the heart of the struggle to make sense both practically …


Theoretical And Methodological Aspects Of The Institution Of Public Control, M. Najimov 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Theoretical And Methodological Aspects Of The Institution Of Public Control, M. Najimov

Review of law sciences

The theoretical-methodological aspects of concept of public control, purpose, functions, and principles are analyzed in the article. The issues connected with the role and importance of civil society in implementing public control are lightened. In addition, the scientists’ approaches to the notion of public control are analyzed and proven definition is worked out.


The Role Of Strategy In The Progressive Development Of The State, S. Adilxodjaeva 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

The Role Of Strategy In The Progressive Development Of The State, S. Adilxodjaeva

Review of law sciences

the article substantiates the need for a strategy for the progressive development of the state. The author defines the «strategy of the state» and characterizes this category, linking it to the functions and goals of the state.


The Importance Of The Interpretation Of The Law In The Process Of Law Enforcement, Sh.A. Saydullaev 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

The Importance Of The Interpretation Of The Law In The Process Of Law Enforcement, Sh.A. Saydullaev

Review of law sciences

In the article, a conception of interpretation of legal norms and its role in the process of law application are considered. The key issues of interpretation of legal norms, subjects, types and methods are analyzed. By the author, it is suggested to make amendments and additions to legislation of the Republic of Uzbekistan.


Some Priority Directions Of Research Of The State And Law At The Present Stage, M Axmedshaeva 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Some Priority Directions Of Research Of The State And Law At The Present Stage, M Axmedshaeva

Review of law sciences

the article analyzes several significant directions of scientific research related with the problems of contemporary state and law development from the point of view of theory and history of state and law. It investigates scientific necessity of such problems as forming civil society and building legal state, theory and practice of separation of powers, the social control, the social partnership, transparency of state bodies` activity, law-making technique, gaps in law and ways of overcoming.


The Concept Of Discretion And Delimitation With Judicial Discretion, Yorg Pudelka 2017 GIZ representation in Uzbekistan, Tashkent, 100100, Uzbekistan

The Concept Of Discretion And Delimitation With Judicial Discretion, Yorg Pudelka

Review of law sciences

The article describes the concept of discretion as one of the central concepts in the science of administrative law, further a parallel between the discretion existing in the government (so-called discretionary powers) and judicial discretion is drawn. Thus, the administrative body is obliged to apply its discretion in order to give the right of discretion and to comply with the statutory limits of discretion, if it is authorized to act in its own discretion. The proper application of the discretion by the administrative body may be re-examined within the framework of pre-trial appeal by the same administrative body or by …


Values Of E-Government In Implementation Of The Strategy Of Action For The Further Development Of The Republic Of Uzbekistan, E. Abdullaev 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Values Of E-Government In Implementation Of The Strategy Of Action For The Further Development Of The Republic Of Uzbekistan, E. Abdullaev

Review of law sciences

In the article the author focuses on the role of electronic government in Strategy of actions, he also writes about special features of e-government, its development, and experience of other countries in this sphere and learns their practice on e-government from legal, scientific-theoretical and practical points of view.


Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll 2017 University of Maine School of Law

Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll

Maine Law Review

Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …


Digital Commons powered by bepress