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11,681 full-text articles. Page 2 of 264.

Sharia Law Poses No Threat To American Courts, Nathan B. Oman 2019 William & Mary Law School

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Religious Tests And The British Monarchy, Nathan B. Oman 2019 William & Mary Law School

Religious Tests And The British Monarchy, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Unity And Pluralism In Contract Law, Nathan B. Oman 2019 William & Mary Law School

Unity And Pluralism In Contract Law, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus 2019 William & Mary Law School

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Paul Marcus

No abstract provided.


Capital Punishment In The United States, And Beyond, Paul Marcus 2019 William & Mary Law School

Capital Punishment In The United States, And Beyond, Paul Marcus

Paul Marcus

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still ...


Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye 2019 William & Mary Law School

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Paul Marcus

No abstract provided.


Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye 2019 William & Mary Law School

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye

Paul Marcus

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding ...


Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone 2019 William & Mary Law School

Book Review Of From Occupation To Interim Accords: Israel And The Palestinian Territories, Linda A. Malone

Linda A. Malone

No abstract provided.


Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs 2019 William & Mary Law School

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Nancy Combs

No abstract provided.


Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer 2019 William & Mary Law School

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

James G. Dwyer

No abstract provided.


A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades 2019 William & Mary Law School

A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades

Eric A. Kades

No abstract provided.


Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan 2019 Selected Works

Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


The Corporate Waqf In Law And Practice, Aisha I. Saad 2019 Berkeley Law

The Corporate Waqf In Law And Practice, Aisha I. Saad

Berkeley Journal of Middle Eastern & Islamic Law

Over the past fifty years, the corporate waqf has emerged in Turkey, Pakistan, India, Bangladesh, and Malaysia. Corporate waqf hybridizes the Islamic trust (the waqf) and the modern Western corporation to create a charitable endowment whose asset base consists of shares in a company. The corporate waqf has gone virtually unnoticed in Western scholarship, and, until now, comprehensive theorization and mainstreamed models of the corporate waqf have not been developed. Such an effort would benefit from comparative reference to the foundation-owned firms of Northern Europe, which have attracted scholarly attention in the past decade due to their favorable economic performance ...


Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave 2019 Golden Gate University School of Law

Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave

Publications

#MeToo reports have revealed a significant number of forced kisses typically by men in positions of authority. Previous scholarship in the US has viewed such instances as to rare or too minor to be worthy of criminal sanctions. Indeed, there are no such reported criminal cases involving adults. However, in Italy, the Supreme Court of Cassazione has upheld sexual violence convictions for such forced kisses. This article analyzes these cases and investigates the types of considerations the Italian Supreme Court includes in its evaluation of these situations. This article also suggests specific aspects of US laws that could benefit from ...


East Asian Court Reform On Trial: Comments On The Contributions, Malcolm M. Feeley 2019 Selected Works

East Asian Court Reform On Trial: Comments On The Contributions, Malcolm M. Feeley

Malcolm Feeley

I am honored to have my book, Court Reform on Trial: Why Simple Solutions Fail, serve as the organizing framework for this symposium. The enterprise has proven valuable as it provided a reason to assemble a set of articles that focus on important changes in Asian courts in recent decades. Further, it appears that the reforms in three of the countries are loosely related to each other. While Japan had a head start on judicial reforms, both Korea and Taiwan embarked on the same path as soon as they had shed authoritarian rule. China has pursued a more ambitious project ...


Why Didn't The Common Law Follow The Flag?, Christian Burset 2019 Notre Dame Law School

Why Didn't The Common Law Follow The Flag?, Christian Burset

Christian Burset

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British ...


Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum 2019 Selected Works

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.


In Tribute, Richard M. Buxbaum 2019 Selected Works

In Tribute, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.


Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett 2019 University of Michigan School of Public Health

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Daniel Walters

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on ...


Data Regulation With Chinese Characteristics, Henry S. GAO 2019 Singapore Management University

Data Regulation With Chinese Characteristics, Henry S. Gao

Centre for AI & Data Governance

Data regulation has become a key issue in today’s world. For various reasons, however, it has been challenging to understand data regulations in China, home to the largest e-commerce market in the world. This paper traces the evolution of data and Internet regulation in China, from the early days of the Chinese Internet, to the regulatory turf wars among different agencies, and all the way to the elevation of data and Internet regulation to the level of national security and the rise of a super-agency in charge of the issue in recent years. The paper argues that, the Chinese ...


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