Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools,
2011
Pacific McGeorge School of Law
Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg
Global Business & Development Law Journal
No abstract provided.
Toward An International Rule Of Law,
2011
University of the Pacific
Toward An International Rule Of Law, Brandeis Institute For International Judges
Global Business & Development Law Journal
No abstract provided.
The People's Trade Secrets,
2011
Elon University School of Law
The People's Trade Secrets, David S. Levine
Michigan Telecommunications & Technology Law Review
The content of administered public school exams, modifications made by a government to its voting machines, and the business strategies of government corporations should be of interest to the public. At a minimum, they are the kinds of information that a government should allow its citizens to see and examine. After all, the public might have some legitimate questions for its government: Is that public school examination fair and accurate? Is that voting machine working so that my vote gets counted? To whom or what is that government agency marketing and are kickbacks involved? One would think that the government …
Home Rule: Equitable Justice In Progressive Chicago And The Philippines,
2011
University of Wisconsin Law School
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Studio for Law and Culture
The evolution of the US justice system has been predominantly parsed as the rule of law and Atlantic crossings. This essay considers courts that ignored, disregarded, and opposed the law as the United States expanded across the Pacific. I track Progressive home rule enthusiasts who experimented with equity in Chicago and the Philippines, a former Spanish colony. Home rule was imbued with double meaning, signifying local self-governance and the parental governance of domestic dependents. Spanish and Anglo American courts have historically invoked equity, a Roman canonical heritage, to more effectively administer domestic dependents and others deemed lacking in full legal …
Rule Of Law In Haiti Before And After The 2010 Earthquake,
2011
Inter-American Center for Human Rights
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Intercultural Human Rights Law Review
When discussing the myriad challenges facing Haiti in the wake of the devastating 2010 earthquake, it is difficult to prioritize the needs of a country where basic needs such as shelter and basic medical care compete for long-term needs such as education, good governance, and economic reconstruction and growth. The current immediate and emergent needs of Haiti in the face of its national calamity have been well identified by international aid bodies and national leaders, and there has been a considerable literature on those needs. What is of equal importance in the long run, however, is building a solid foundation …
The United States And International Law: The United Nations Finds A Home,
2011
Villanova University Charles Widger School of Law
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
Villanova Law Review (1956 - )
An essay is presented on the relationship between the U.S. and the United Nations (UN) as of July 2011, focusing on the commitment of the U.S. to international law and international organization, as well as a historical overview of the UN and its facilities in the U.S. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
Post-Wto China Tax Law System Reform And The Rule Of Law: Progress And Prospects,
2011
University of Michigan Law School
Post-Wto China Tax Law System Reform And The Rule Of Law: Progress And Prospects, Tianlong Hu
SJD Dissertations
A close examination of China's accession commitments reveals that effective economic reform and trade liberalization call for substantiations from a matching legal infrastructure reform. For example, taxpayers' rights protection should be viewed in terms of broader political and civil rights reform. Indeed, a number of the values featured in the WTO principles and the rule of law framework encourage China's further integration into both the global trade network and the international human rights regime. This is particularly evident in the Chinese tax law context. WTO principles and the rule of law requirements must be introduced and evaluated together in tax …
Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It,
2011
Villanova University Charles Widger School of Law
Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora
Villanova Law Review (1956 - )
An essay is presented on the status of the North American Free Trade Agreement (NAFTA) as of July 2011, focusing on the strong support shown to the international law by European countries as compared to the U.S., as well as the role of regional trade agreements such as NAFTA in furthering the globalization movement. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
Deviations From The International Rule Of Law: An Historical Footnote,
2011
Villanova University Charles Widger School of Law
Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey
Villanova Law Review (1956 - )
The article discusses the international rule of law as of July 2011, focusing on a historical overview of international affairs including the use of privateer maritime forces, the efforts of the U.S. to codify the international law in regards to maritime warfare, and the impact of the Crimean War on the development of the rule of international law. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect,
2011
University of Michigan Law School
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
Michigan Journal of International Law
The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …
An Expectation Of Empathy,
2011
University of Missouri - Kansas City, School of Law
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises,
2011
University of Missouri - Kansas City, School of Law
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role,
2011
Vanderbilt University Law School
Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role, Charles P. Trumbull Iv, Julie B. Martin
Vanderbilt Journal of Transnational Law
In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein's authoritarian rule to democratic governance. Among the Constitution's fundamental guarantees are the separation and balance of powers, the selection of Parliament through regular and periodic popular election, and an independent judiciary empowered as the authority on constitutional interpretation. Iraq's commitment to democracy and the Constitution was put to the test five years later with the first parliamentary election under the new Constitution. The run-up to the elections was marred by political disputes, violence, and legal challenges, as Iraqis argued over controversial …
The Rule Of Law As A Law Of Standards,
2011
Columbia Law School
The Rule Of Law As A Law Of Standards, Jamal Greene
Faculty Scholarship
Justice Antonin Scalia titled his 1989 Oliver Wendell Holmes Lecture at Harvard Law School The Rule of Law as a Law of Rules. The lecture posed the sort of dichotomy that has become a familiar feature of Justice Scalia's jurisprudence and of his general approach to judging. On one hand are judges who recognize that the only legitimate means by which they may adjudicate cases in a democracy is to seek to do so through rules of general application. On the other hand are those judges who generally prefer to adopt an all-things considered balancing approach to adjudication. This latter …
The New Second Circuit Local Rules: Anatomy And Commentary,
2011
Brooklyn Law School
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
Faculty Scholarship
No abstract provided.
Foreign Official Immunity After Samantar,
2011
Vanderbilt University Law School
Foreign Official Immunity After Samantar, Chimene I. Keitner
Vanderbilt Journal of Transnational Law
In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSLA) does not govern the immunity of foreign officials from legal proceedings in U.S. courts. Part I of this symposium contribution seeks to put in sharper focus exactly what is, and what is not, in dispute following Samantar. Part II presents three challenges to common assumptions about conduct-based immunity, which I consider under the headings of personal responsibility, penalties, and presence. Under the heading of personal responsibility, I emphasize that state responsibility and individual responsibility are not mutually exclusive. Under penalties, I argue that …
Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law,
2011
American University Washington College of Law
Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law, Robert Vaughn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law,
2011
American University Washington College of Law
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Profiling Originalism,
2011
Columbia Law School
Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Faculty Scholarship
Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism. The study analyzes original and existing survey data in order to better understand the demographic characteristics, legal views, political orientation, and cultural profile of those who self-identfy as originalists. We conclude that rule of law concerns, support for politically conservative issue positions, and a cultural orientation toward moral traditionalism and libertarianism are all significant predictors of an individual preference for originalism. Our analysis …
Prosecuting The Informant Culture,
2011
Howard University School of Law
Prosecuting The Informant Culture, Andrew E. Taslitz
Michigan Law Review
Alexandra Natapoff, in her outstanding new book, Snitching: Criminal Informants and the Erosion of American Justice, makes a compelling case for reform of the system by which we regulate police use of criminal informants. Indeed, as other writers have discussed, law enforcement's overreliance on such informants has led to a "snitching culture" in which informant snitching replaces other forms of law enforcement investigation (pp. 12, 31, 88-89). Yet snitches, especially jailhouse snitches, are notoriously unreliable.
