Brooklyn Law Review - Brooklyn Law School
... 310 U.S. 296, 310 (1940). So, too, Justice Black wrote only brief remarks alluding to the justification from truth in his majority opinion in Marsh v. Alabama, 326 U.S. 501 (1946), in which he rejected a company town’s efforts to preclude Jehovah’s Witnesses from entering the town and distributing l ...
... 310 U.S. 296, 310 (1940). So, too, Justice Black wrote only brief remarks alluding to the justification from truth in his majority opinion in Marsh v. Alabama, 326 U.S. 501 (1946), in which he rejected a company town’s efforts to preclude Jehovah’s Witnesses from entering the town and distributing l ...
The right to counsel in Utah
... two states requiring local governments to fund and administer all indigent defense services. Though it is not believed to be unconstitutional for a state to delegate its constitutional responsibilities to its counties and cities, in doing so the state must guarantee that local governments are not on ...
... two states requiring local governments to fund and administer all indigent defense services. Though it is not believed to be unconstitutional for a state to delegate its constitutional responsibilities to its counties and cities, in doing so the state must guarantee that local governments are not on ...
seeking justice in transitional societies: an analysis of the problems
... The right to a fair trial is perhaps the most fundamental tenet of constitutional democracy5 and has been recognized as a universal human right.6 It is central to a Nation’s search for social equilibrium and justice because all of the rights guaranteed by a constitution mean nothing if citizens do n ...
... The right to a fair trial is perhaps the most fundamental tenet of constitutional democracy5 and has been recognized as a universal human right.6 It is central to a Nation’s search for social equilibrium and justice because all of the rights guaranteed by a constitution mean nothing if citizens do n ...
promises of silence: contract law and freedom of speech
... can case law 3 and legal literature. I Cohen v. Cowles Media Co., 14 Media L. Rep. (BNA) 1460, 1464 (D. Minn. June 19, 1987). The Cohen case has a complicated subsequent history. See infra notes 80, 100 and accompanying text (discussing subsequent history). 2 M.P. Furmston, The Analysis of Illegal C ...
... can case law 3 and legal literature. I Cohen v. Cowles Media Co., 14 Media L. Rep. (BNA) 1460, 1464 (D. Minn. June 19, 1987). The Cohen case has a complicated subsequent history. See infra notes 80, 100 and accompanying text (discussing subsequent history). 2 M.P. Furmston, The Analysis of Illegal C ...
Journal of Law, No. 1, 2012
... usually followed by the provocatio ad populum et rogatio2 procedure, which in the period of Rome republic considered the appeal of the citizen towards the public assembly of Centuria (comitia centuriata) on the decree issued by the magistrate in cases when the decree sentenced the guilty person to d ...
... usually followed by the provocatio ad populum et rogatio2 procedure, which in the period of Rome republic considered the appeal of the citizen towards the public assembly of Centuria (comitia centuriata) on the decree issued by the magistrate in cases when the decree sentenced the guilty person to d ...
Discretion, Delegation, and Defining in the Constitution`s Law of
... This Article takes no position on whether these laws exercise the Offenses power. Both certainly have other constitutional roots, which in many ways provide a more natural basis for the respective legislation. This Article treats military commission and alien tort cases as Offenses power issues beca ...
... This Article takes no position on whether these laws exercise the Offenses power. Both certainly have other constitutional roots, which in many ways provide a more natural basis for the respective legislation. This Article treats military commission and alien tort cases as Offenses power issues beca ...
Multi-Party Actions - Scottish Law Commission
... Part 3 of our discussion paper, that certain matters should not be dealt with. This was either because they are outwith what we saw as the proper scope of our reference12 or because an adequate treatment of them would make our discussion paper (and this report) unmanageable. Our conclusion was there ...
... Part 3 of our discussion paper, that certain matters should not be dealt with. This was either because they are outwith what we saw as the proper scope of our reference12 or because an adequate treatment of them would make our discussion paper (and this report) unmanageable. Our conclusion was there ...
i Volume 20 Spring 2014 Number 2 Executive and Editorial Board
... theme, “Internationalization of Law and Legal Practice,” explored the mechanisms of change in international law. More specifically, the attending panelists focused their discussions on global topics undergoing rapid change, including: Tariffs and trade, human rights, immigration, labor, public healt ...
... theme, “Internationalization of Law and Legal Practice,” explored the mechanisms of change in international law. More specifically, the attending panelists focused their discussions on global topics undergoing rapid change, including: Tariffs and trade, human rights, immigration, labor, public healt ...
science for judges - Brooklyn Law School
... proteins, and in most people is an important nutrient in the diet. For a small part of the population with a mutation in the PKU gene, however, regular “doses” of phenylalanine found in the normal diet can lead to serious mental retardation if infants are exposed to phenylalanine. Because of this, g ...
... proteins, and in most people is an important nutrient in the diet. For a small part of the population with a mutation in the PKU gene, however, regular “doses” of phenylalanine found in the normal diet can lead to serious mental retardation if infants are exposed to phenylalanine. Because of this, g ...
The Right to a Fair Trial under Saudi Law of Criminal
... This study examines the compatibility of the Law of Criminal Procedure of 2001 in Saudi Arabia with the international human rights standards, and provides recommendations for criminal procedure reforms. The recent developments in the Saudi Arabian criminal justice system make it important to examine ...
... This study examines the compatibility of the Law of Criminal Procedure of 2001 in Saudi Arabia with the international human rights standards, and provides recommendations for criminal procedure reforms. The recent developments in the Saudi Arabian criminal justice system make it important to examine ...
Sample Chapter
... in 2005, Mr. Justice Binnie of the Supreme Court noted that Aboriginal law’s fundamental objective “is the reconciliation of aboriginal peoples and non-aboriginal peoples and their respective claims, interests and ambitions” (Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), para. ...
... in 2005, Mr. Justice Binnie of the Supreme Court noted that Aboriginal law’s fundamental objective “is the reconciliation of aboriginal peoples and non-aboriginal peoples and their respective claims, interests and ambitions” (Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), para. ...
Vazquez Article on Self-executing Treaties
... JUDICIAL ENFORCEMENT OF TREATIES Carlos Manuel Vázquez∗ Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest and honor of the parties, rather than on d ...
... JUDICIAL ENFORCEMENT OF TREATIES Carlos Manuel Vázquez∗ Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest and honor of the parties, rather than on d ...
jurisdiction and control at sea
... and mechanisms it establishes: the International Seabed Authority, the International Tribunal for the Law of the Sea (and the compulsory dispute-settlement system of which the Tribunal is a part), and the Commission for the Limits of the Continental Shelf. In addition to these, other previously esta ...
... and mechanisms it establishes: the International Seabed Authority, the International Tribunal for the Law of the Sea (and the compulsory dispute-settlement system of which the Tribunal is a part), and the Commission for the Limits of the Continental Shelf. In addition to these, other previously esta ...
Treaties as Law of the Land - Scholarship @ GEORGETOWN LAW
... JUDICIAL ENFORCEMENT OF TREATIES Carlos Manuel Vázquez Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest and honor of the parties, rather than on d ...
... JUDICIAL ENFORCEMENT OF TREATIES Carlos Manuel Vázquez Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest and honor of the parties, rather than on d ...
Volume 16, 2008 - University of Waikato
... some cases replaced, to reflect contemporary thinking. This need to re-examine is particularly true where society itself has gone through or is going through a marked change. And to function effectively courts cannot afford to be too far ahead or too far behind in their thinking. If a judge is to ma ...
... some cases replaced, to reflect contemporary thinking. This need to re-examine is particularly true where society itself has gone through or is going through a marked change. And to function effectively courts cannot afford to be too far ahead or too far behind in their thinking. If a judge is to ma ...
muslim family law in sub-saharan africa - UvA-DARE
... into the Horn of Africa. By the ninth century, Muslim communities had established themselves along trade routes into the interior. Muslims were present on the east coast of Africa by ca. 780 AD, although Islam spread to the majority of Swahili-speaking people between the thirteenth and sixteenth cen ...
... into the Horn of Africa. By the ninth century, Muslim communities had established themselves along trade routes into the interior. Muslims were present on the east coast of Africa by ca. 780 AD, although Islam spread to the majority of Swahili-speaking people between the thirteenth and sixteenth cen ...
Article - The Yale Law Journal
... even before a class has been certified—without meaningful input from affected parties or well-defined legal standards to guide their analysis. In coping with new partisanship problems in pretrial practice or new agency problems in class action litigation, judges often are willing to ignore their tra ...
... even before a class has been certified—without meaningful input from affected parties or well-defined legal standards to guide their analysis. In coping with new partisanship problems in pretrial practice or new agency problems in class action litigation, judges often are willing to ignore their tra ...
investment arbitration
... exclusively matters of human rights law; and yet others may be matters of both these branches of international law. Decision: ICCPR APPLIES! o The scope of application of the ICCPR is defined by Article 2, which provides: “Each State party to the present Covenant undertakes to respect and to ensure ...
... exclusively matters of human rights law; and yet others may be matters of both these branches of international law. Decision: ICCPR APPLIES! o The scope of application of the ICCPR is defined by Article 2, which provides: “Each State party to the present Covenant undertakes to respect and to ensure ...
What is Eleventh Amendment Immunity?
... The Eleventh Amendment has long been regarded as an embarrassment to the United States's aspiration to be a government of laws and not of men. 1 This rule-of-law ideal has rightly been said to entail the existence of judicial remedies for the violation of legal rights, 2 and, relatedly, judicial pow ...
... The Eleventh Amendment has long been regarded as an embarrassment to the United States's aspiration to be a government of laws and not of men. 1 This rule-of-law ideal has rightly been said to entail the existence of judicial remedies for the violation of legal rights, 2 and, relatedly, judicial pow ...
Base Macro - Brooklyn Law School
... abusive work environment—an environment that a reasonable person would find hostile or abusive;”40 and (2) the complainant must “subjectively perceive the environment to be abusive.”41 The Court additionally held that psychological injury to the employee is relevant but not necessary to show that th ...
... abusive work environment—an environment that a reasonable person would find hostile or abusive;”40 and (2) the complainant must “subjectively perceive the environment to be abusive.”41 The Court additionally held that psychological injury to the employee is relevant but not necessary to show that th ...
Consider the following question and then prepare a set of
... for a time was a magistrate in Gambia. His intellectual brilliance may have led to his downfall in planning the tactics to remove his opposing solicitor in a family law dispute. This is one of the seminal cases and the excerpts are from the joint judgment published by the High Court. The case has pa ...
... for a time was a magistrate in Gambia. His intellectual brilliance may have led to his downfall in planning the tactics to remove his opposing solicitor in a family law dispute. This is one of the seminal cases and the excerpts are from the joint judgment published by the High Court. The case has pa ...
Rights at Risk in Wartime
... the legislation passed by Congress during this period. Only the Supreme Court could determine if the Constitution had been violated. The battle for protecting individual rights moved to the Court. The principles of the Constitution apply in wartime, just as they apply in peacetime. Even in an unconv ...
... the legislation passed by Congress during this period. Only the Supreme Court could determine if the Constitution had been violated. The battle for protecting individual rights moved to the Court. The principles of the Constitution apply in wartime, just as they apply in peacetime. Even in an unconv ...
verbatim record of the legal experts meeting on the law of the sea
... To deliver Special Address at this Legal Experts Meeting, I invite Hon‟ble H. P. Rajan who has served as Former Deputy Director, Division for Ocean Affairs and the Law of the Sea, United Nations and also is a Former Member of the Legal and Technical Commission, International Seabed Authority. His ex ...
... To deliver Special Address at this Legal Experts Meeting, I invite Hon‟ble H. P. Rajan who has served as Former Deputy Director, Division for Ocean Affairs and the Law of the Sea, United Nations and also is a Former Member of the Legal and Technical Commission, International Seabed Authority. His ex ...
Topic One: Introduction to Conflict of Laws
... This should be replaced by distinguishing between substance and ancillaries, and formalities of the forum court. Furthermore, it is preferable to determine the proper law of each relationship or of each ancillary. Substance: the legal relationships (contracts and torts/delicts) which have a prop ...
... This should be replaced by distinguishing between substance and ancillaries, and formalities of the forum court. Furthermore, it is preferable to determine the proper law of each relationship or of each ancillary. Substance: the legal relationships (contracts and torts/delicts) which have a prop ...