The Conduct of Hostilities: revisiting the LOAC
... multiplied. New types of weapons have appeared. New treacherous threats have gained momentum beginning with international terrorism. The Armed Forces have been called to tackle tasks beyond national borders, often differing a great deal from the tasks of a traditional soldier and no longer limited t ...
... multiplied. New types of weapons have appeared. New treacherous threats have gained momentum beginning with international terrorism. The Armed Forces have been called to tackle tasks beyond national borders, often differing a great deal from the tasks of a traditional soldier and no longer limited t ...
The Alien Tort Statute and the Law of Nations
... encompass claims arising under the law of nations by aliens against US citizens. Article III extends the judicial power to only nine categories of cases and controversies. The first three categories are defined by reference to the subject matter of the case. The last six categories are defined by re ...
... encompass claims arising under the law of nations by aliens against US citizens. Article III extends the judicial power to only nine categories of cases and controversies. The first three categories are defined by reference to the subject matter of the case. The last six categories are defined by re ...
REFRAMING THE CONSTITUTION: BRANDEIS, “FACTS,” AND THE
... that “Brandeis’s facts,” in particular their persuasive power, are still widely misunderstood. Even writers who diverged in their appraisal of Brandeis’s contribution seem to proceed from the same misimpression: namely, that Brandeis won judicial restraint simply by mustering an imposing array of fa ...
... that “Brandeis’s facts,” in particular their persuasive power, are still widely misunderstood. Even writers who diverged in their appraisal of Brandeis’s contribution seem to proceed from the same misimpression: namely, that Brandeis won judicial restraint simply by mustering an imposing array of fa ...
Does Outsourcing Your Help Desk Make Sense for Your Legal Firm?
... Make Sense for Your Legal Firm? Law firms employ a variety of solutions to support their IT infrastructure and end users. End users who range from a single in-house IT person as the go-to expert or a technology partner for Level 1 support all the way to a fully-outsourced solution that includes in-d ...
... Make Sense for Your Legal Firm? Law firms employ a variety of solutions to support their IT infrastructure and end users. End users who range from a single in-house IT person as the go-to expert or a technology partner for Level 1 support all the way to a fully-outsourced solution that includes in-d ...
COMPARATIVE COMPANY LAW (SUSTAINABLE CORPORATIONS
... Corporations or Business Organizations. The first chapter describes the principal attributes of the US corporation, which you should find quite similar to those of Italian and other European companies. It then offers a history of the US corporation, culminating in recent regulatory reforms by Congre ...
... Corporations or Business Organizations. The first chapter describes the principal attributes of the US corporation, which you should find quite similar to those of Italian and other European companies. It then offers a history of the US corporation, culminating in recent regulatory reforms by Congre ...
3. Kant`s Moral Constructivism
... imperatives are rational. The CI -procedure restricts empirical practical reason by requiring the agent's rational and sincere deliberations to be conducted in accordance with the stipulations we have just surveyed. Unless a maxim passes the test of that procedure, acting from the maxim is forbidden ...
... imperatives are rational. The CI -procedure restricts empirical practical reason by requiring the agent's rational and sincere deliberations to be conducted in accordance with the stipulations we have just surveyed. Unless a maxim passes the test of that procedure, acting from the maxim is forbidden ...
Transnational Legality: Stateless Law and International Arbitration
... international law.10 But do they make stateless law? Do they make private law? Can they? What would it take for them to do so? These are the type of questions I address in this book. My purpose plainly is not to close any debate. I do not intend an exhaustive treatment of any area of legal scholars ...
... international law.10 But do they make stateless law? Do they make private law? Can they? What would it take for them to do so? These are the type of questions I address in this book. My purpose plainly is not to close any debate. I do not intend an exhaustive treatment of any area of legal scholars ...
British Journal of American Legal Studies
... Campaign donors (or “independent” supporters) can help a candidate by giving or spending money for the candidate, or by not giving or spending money in support of rival candidates. An interest group can influence a candidate or an incumbent seeking reelection without spending a penny in support of t ...
... Campaign donors (or “independent” supporters) can help a candidate by giving or spending money for the candidate, or by not giving or spending money in support of rival candidates. An interest group can influence a candidate or an incumbent seeking reelection without spending a penny in support of t ...
investment arbitration
... Considering that, while seeking means to preserve peace and prevent armed conflicts among nations, it is likewise necessary to have regard to cases where an appeal to arms may be caused by events which their solicitude could not avert; Animated by the desire to serve, even in this extreme hypothesis ...
... Considering that, while seeking means to preserve peace and prevent armed conflicts among nations, it is likewise necessary to have regard to cases where an appeal to arms may be caused by events which their solicitude could not avert; Animated by the desire to serve, even in this extreme hypothesis ...
How to Choose a Constitutional Theory
... Theories that are predominantly text-based rest their claim to acceptance on their fit with, or their capacity to explain, the written Constitution. A clear example is originalism, which calls for the Constitution to be interpreted in accordance with the "original understanding" of those who wrote a ...
... Theories that are predominantly text-based rest their claim to acceptance on their fit with, or their capacity to explain, the written Constitution. A clear example is originalism, which calls for the Constitution to be interpreted in accordance with the "original understanding" of those who wrote a ...
Law and Preferences
... Introduction The economic analysis of law adopts the view that legal rules are incentive mechanisms (see, e.g., Posner (1998), Cooter and Ulen (2002)). They influence individual behavior by shaping the payoff structure associated with alternative courses of action. In this paper we argue that the le ...
... Introduction The economic analysis of law adopts the view that legal rules are incentive mechanisms (see, e.g., Posner (1998), Cooter and Ulen (2002)). They influence individual behavior by shaping the payoff structure associated with alternative courses of action. In this paper we argue that the le ...
Speaking of Inconvenient Truths—A History of the Public Trust
... history, but the legal significance of Illinois Central continues to be misunderstood, notwithstanding the Court’s clear explanation of Illinois Central’s narrow holding only three decades later in Appleby v. City of New York. Relying on both original and secondary sources, this paper sets the histo ...
... history, but the legal significance of Illinois Central continues to be misunderstood, notwithstanding the Court’s clear explanation of Illinois Central’s narrow holding only three decades later in Appleby v. City of New York. Relying on both original and secondary sources, this paper sets the histo ...
Critical questions in computational models of legal argument
... base our analysis and evaluation on this assumption without getting into too much trouble. But law is evolving its own standards for analyzing and evaluating arguments based on expert opinion. First there was the Frye1 standard, and now with the advent of Daubert2 and newer cases, other standards ha ...
... base our analysis and evaluation on this assumption without getting into too much trouble. But law is evolving its own standards for analyzing and evaluating arguments based on expert opinion. First there was the Frye1 standard, and now with the advent of Daubert2 and newer cases, other standards ha ...
verbatim record of the legal experts meeting on the law of the sea
... lines and four miles limits of Norwegian territorial sea. In the meantime, Indonesia was poised in 1957 to claim its archipelagic seas. At the First Session of AALCO in New Delhi, Sri Lanka and India took the initiative to refer to AALCO the Question relating to the Regime of High Seas including que ...
... lines and four miles limits of Norwegian territorial sea. In the meantime, Indonesia was poised in 1957 to claim its archipelagic seas. At the First Session of AALCO in New Delhi, Sri Lanka and India took the initiative to refer to AALCO the Question relating to the Regime of High Seas including que ...
Access to justice in sub - Saharan Africa
... encouraging such systems, by adopting or transforming some of their processes, or by facilitating a more collaborative approach between such systems and formal justice systems. Indeed, there have been proposals that some elements of informal justice should be incorporated into formal state processes ...
... encouraging such systems, by adopting or transforming some of their processes, or by facilitating a more collaborative approach between such systems and formal justice systems. Indeed, there have been proposals that some elements of informal justice should be incorporated into formal state processes ...
CHAPTER ONE – “PLAYERS” ON THE BATTLEFIELD OF THE WAR
... become common in the war against terrorist organizations and their activists. The questions shall be approached through the examination of several variables. The first is the relationship between the view of the combatant as a legitimate target and additional doctrines of humanitarian law: those of ...
... become common in the war against terrorist organizations and their activists. The questions shall be approached through the examination of several variables. The first is the relationship between the view of the combatant as a legitimate target and additional doctrines of humanitarian law: those of ...
Federal Common Law and Alien Tort Statute Litigation
... 7. Khulumani, 504 F.3d at 260. The court was not able to use a single rationale to reach this result, however, because the majority disagreed about whether federal common law or international law provided the relevant theory of aiding and abetting liability. Compare id. at 268–70 (Katzmann, J., conc ...
... 7. Khulumani, 504 F.3d at 260. The court was not able to use a single rationale to reach this result, however, because the majority disagreed about whether federal common law or international law provided the relevant theory of aiding and abetting liability. Compare id. at 268–70 (Katzmann, J., conc ...
i Volume 20 Spring 2014 Number 2 Executive and Editorial Board
... labor, public health, sustainable development, and the environment. The Journal is in the unique position each year to not only send members to attend ILW, but also to solicit and publish articles from the distinguished legal scholars who comprise each panel. This Issue, also known as the Internatio ...
... labor, public health, sustainable development, and the environment. The Journal is in the unique position each year to not only send members to attend ILW, but also to solicit and publish articles from the distinguished legal scholars who comprise each panel. This Issue, also known as the Internatio ...
The Concept of the Rule of Law - MacSphere
... clarity in institutions such as law. Another example of its indeterminacy comes from Helen Yu and Alison Guernsey, in an article attempting to explain the Rule of Law. They write: "The rule of law does not have a precise definition, and its meaning can vary between different nations and legal tradit ...
... clarity in institutions such as law. Another example of its indeterminacy comes from Helen Yu and Alison Guernsey, in an article attempting to explain the Rule of Law. They write: "The rule of law does not have a precise definition, and its meaning can vary between different nations and legal tradit ...
afternoon session - People With Disability Australia
... violation has been commited in an official capacity.” Costa Rica reaffirmed backing for proposals made by India, Canada, Ireland, and Japan. Kuwait stressed the importance of this Article. It also affirmed the need for a juridical, legal definition of equal recognition, but adding greater detail to ...
... violation has been commited in an official capacity.” Costa Rica reaffirmed backing for proposals made by India, Canada, Ireland, and Japan. Kuwait stressed the importance of this Article. It also affirmed the need for a juridical, legal definition of equal recognition, but adding greater detail to ...
Volume 21, 2013
... In the title to this lecture I promised to make an heroic attempt at mapping the Māori dimension in modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a l ...
... In the title to this lecture I promised to make an heroic attempt at mapping the Māori dimension in modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a l ...
Immigrant Laws, Obstacle Preemption And The Lost Legacy of
... was granted by the Supreme Court on December 12, 2011. The most common challenge to state and local laws targeting immigrants is that they are preempted by federal immigration statutes. On May 26, 2011, in Chamber of Commerce v. Whiting, the first Supreme Court case to address the recent wave of law ...
... was granted by the Supreme Court on December 12, 2011. The most common challenge to state and local laws targeting immigrants is that they are preempted by federal immigration statutes. On May 26, 2011, in Chamber of Commerce v. Whiting, the first Supreme Court case to address the recent wave of law ...
Due Process as Separation of Powers
... Scholars who have considered the evidence generally fall into two camps. Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading ...
... Scholars who have considered the evidence generally fall into two camps. Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading ...
Due Process as Separation of Powers
... Scholars who have considered the evidence generally fall into two camps. Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading ...
... Scholars who have considered the evidence generally fall into two camps. Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading ...
A Functional Approach to the Alien Tort Statute
... the lower courts from allowing aliens to seek damages in federal court for CIL violations. Why? We believe that the Court was reluctant to end federal judicial participation in the development and enforcement of CIL for unstated functional, policy, or pragmatic reasons, which have also been unexplor ...
... the lower courts from allowing aliens to seek damages in federal court for CIL violations. Why? We believe that the Court was reluctant to end federal judicial participation in the development and enforcement of CIL for unstated functional, policy, or pragmatic reasons, which have also been unexplor ...
Scepticism in law
Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists. Legal Scepticism, is also commonly known as Legal Realism. This is an inept label in the context of philosophy because the word 'realism' is also used for school of thought founded by Plato and his followers. Therefore some prefer the word 'scepticism’.The word 'realist' is inept in the context of philosophy because American legal sceptics are also against the philosophy of Plato and his followers. The reason for this preference for the use of word 'scepticism' is not only that this word is used in the writings of sceptic jurists themselves, but also that this word is suitable in the context of history of philosophy.