The Procedural Aspect Of The Rule Of Law: India As A Case Study For Distinguishing Concept From Conception,
2015
Claremont McKenna College
The Procedural Aspect Of The Rule Of Law: India As A Case Study For Distinguishing Concept From Conception, Karina T. Hwang
CMC Senior Theses
In this thesis, the concept of the procedural aspect of the Rule of Law will be distinguished from what I argue are conceptions that are falsely promulgated as concept. The different aspects of the Rule of Law—form, substance, and procedure— are helpful in making the distinction between concept and conception. Examining procedure within the Rule of Law is particularly important, and I define a broader set of requirements of the concept of the procedural aspect of the Rule of Law. This concept is applied to understand the Indian conception of the Rule of Law, a particularly interesting case that brings …
The Environmental Emergency And The Legality Of Discretion In Environmental Law,
2015
Allard School of Law at the University of British Columbia
The Environmental Emergency And The Legality Of Discretion In Environmental Law, Jocelyn Stacey
All Faculty Publications
This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same features of an emergency. This means that, like emergencies, environmental issues pose a fundamental challenge for the rule of law: they reveal the necessity of unconstrained executive discretion. Discretion is widely lamented as a fundamental flaw in Canadian environmental law, which undermines both environmental protection and the rule of law itself. Through the conceptual framework …
The Policing Of Major Events In Canada: Lessons From Toronto's G20 And Vancouver's Olympics,
2015
Allard School of Law at the University of British Columbia
The Policing Of Major Events In Canada: Lessons From Toronto's G20 And Vancouver's Olympics, W. Wesley Pue, Robert Diab, Grace Jackson
All Faculty Publications
Major events ranging from sporting events to major international conferences too often result in disorder, deployment of riot squads, and mass arrests. Events surrounding a meeting of the G20 in Toronto and those at Vancouver’s Winter Olympics provide insight into the ways in which things can go wrong and the ways in which they can go well at major events. This article employs a “thick history” of events in order to explore gaps in Canadian law, including gaps between “law in the books” and “law in action.”
The legal frameworks governing large-scale events affect the likelihood of success measured in …
The Jury And Criminal Responsibility In Anglo-American History,
2015
University of Michigan Law School
The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green
Articles
Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …
Appellate Division, First Department, People V. Celaj,
2014
Touro University Jacob D. Fuchsberg Law Center
Appellate Division, First Department, People V. Celaj, Danielle Dupré
Touro Law Review
No abstract provided.
Apellate Division, Third Department, People V. Kelley,
2014
Touro University Jacob D. Fuchsberg Law Center
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley
Touro Law Review
No abstract provided.
First Amendment Decisions - 2002 Term,
2014
Touro University Jacob D. Fuchsberg Law Center
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future,
2014
Touro Law Center
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Week After,
2014
Touro University Jacob D. Fuchsberg Law Center
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War,
2014
United Nations Office of Legal Affairs
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
Georgia Journal of International & Comparative Law
No abstract provided.
The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government,
2014
University of Georgia School of Law
The Legal Status Of Foreign Military And Civilian Personnel Following The Transfer Of Power To The Iraqi Interim Government, J. Stephen Shi
Georgia Journal of International & Comparative Law
No abstract provided.
Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System,
2014
United States National Security Council
Establishing Rule Of Law In Post-War Iraq: Rebuilding The Justice System, John C. Williamson
Georgia Journal of International & Comparative Law
No abstract provided.
Commercial Law Reform Issues In The Reconstruction Of Iraq,
2014
U.S. Department of Commerce
Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 3: The Development Of A Market Democracy,
2014
Patton Boggs LLP
Panel 3: The Development Of A Market Democracy, Timothy B. Mills, Keith W. Crane, O. Lee Reed, Robert D. Gatewood
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 2: Building The Institutions Of The Nation,
2014
Tufts University - The Fletcher School of Law and Diplomacy
Panel 2: Building The Institutions Of The Nation, Louis M. Aucoin, Karl F. Inderfurth, Howard J. Wiarda, Thomas P. Lauth
Georgia Journal of International & Comparative Law
No abstract provided.
Address: Post-War Criminal Justice In Iraq,
2014
Office of the Staff Judge Advocate
Address: Post-War Criminal Justice In Iraq, Travis W. Hall
Georgia Journal of International & Comparative Law
No abstract provided.
Keynote Address: Security Challenges Facing Post-Conflict Democracies,
2014
BancWest Corporation
Keynote Address: Security Challenges Facing Post-Conflict Democracies, Eric K. Shinseki
Georgia Journal of International & Comparative Law
No abstract provided.
Panel 1: Establishing The Rule Of Law,
2014
United States Sentencing Commission
Panel 1: Establishing The Rule Of Law, Scott N. Carlson, Rosa Ehrenreich Brooks, Mariam A. Nawabi, Daniel M. Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
Anarchy, Status Updates, And Utopia,
2014
Cornell Law School
Anarchy, Status Updates, And Utopia, James Grimmelmann
Cornell Law Faculty Publications
Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.
Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come together …
