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APPOINTING JUDGES THE EUROPEAN WAY

democracy and the rule of law. Legitimacy does not attach, in the public eye, to a single political institution, but rather to the system as a whole. ... Professor of Political Science at Texas Christian University (?TCU?) in Fort Worth, Texas. Prior to coming to TCU, she taught at Florida International University in Miami, Florida and also served as Associate

Virtue and the Constitution of the United States

Athens, and lives in its traditions, one will be a contented * Biolchini Family Professor of Law, University of Notre Dame; Professor of Law and Legal Philosophy, Oxford University. slave-owner, wise in ... hold, by asking and pressing questions which we formalize as "philosophy," or by hearing and living by a new and true gospel, one gets clear that there is only one genuine kind of virtue. In our language

The Manual for Courts-Martial--Its Legal Status and the Effect of Decisions of the United States Court of Military Appeals

, Georgetown University; A., 1939 , Ph.D, 1949 , Fordham University. Professor of Political Philosophy at Georgetown University, Washington, D.C. Author of GRA co-Rors. , PoLarr , 20 Ford. L. Rev. 119 ( 19SI

Moral Rights Protection in the United States Under the Berne Convention: A Fictional Work?

political [legal] arena.” 1204 FORDHAM INTELL. PROP., MEDIA & ENT. L.J. replaced acreage as the basis of power in the new regime.5 In contrast, the American Revolution was not a revolution from below, but ... ). 7 “In democratic countries, where money does not lead those who possess it to political power, but often removes them from it, the rich do not know how to spend their leisure. They are driven into

The Advisory Opinion and the United States Supreme Court

shaping mhch of our present pattern and philosophy.3 Consequently, any proposal relating to the discharge of that responsibility must, of necessity, touch upon the whole mechanism of our system, and is ... Court into the arena of heated political controversies. 114 "Political" thus becomes, like "radical" a conveniently inclusive term of opprobrium, an argumentum ad hominem to be applied extrinsic to the

Unequal Justice: Arabs in America and United States Antiterrorism Legislation

History. 6. See James X. Dempsey & David Cole, Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security 114 (1999) (describing the political pressure for antiterrorism ... violates the principle of "equal justice" by unjustly stigmatizing Arab people in America. "Equal justice," as derived from ancient philosophy and American constitutional principles, demands equal treatment

The General Welfare Clauses in the Constitution of the United States

and chance.'--HuoH WnLTAmsoN, 4 1792. I. GENERAL WELFARE-THE CONCEPT In endeavoring to discover the basic political principle responsible for the abundance of socio-economic legislation emanating ... used for the greatest good for the greatest number"; 6 that "the outstanding need seems to be for a democratic mechanism which can direct action in behalf of the general welfare.' 7 A political author

Moral Rights of Composers: The Protection of Attribution and Integrity Available to Musicians in the European Union and the United States

, Deconstructing Moral Rights, 47 HARV. INT‘L L.J. 353 (2006) (recognizing this approach). FORDHAM INTELL. PROP. MEDIA & ENT. L.J. [Vol. 22:359 in the United States. This section also highlights the ―philosophy ... . Fisher, Theories of Intellectual Property, in NEW ESSAYS IN THE LEGAL AND POLITICAL THEORY OF PROPERTY 168, 174 (Stephen R. Munzer ed., 2001). 33 See id. But see Bird & Ponte, supra note 1, at 229 (―French

Rethinking the Tough Sentencing of Teenage Neonaticide Offenders in the United States

prison. I. JUVENILE LAW There is ample treatment of the history of juvenile justice 4 in the legal literature.1 5 In addition, analyses of the utility, philosophy, and future of juvenile justice abound ... children,4 ' with a focus on treatment rather than punishment.42 It was 1999] informed by the philosophy of parens patriae4.3 By adjudicating children in a system isolated from adult criminal court, it was

The United States Department of Justice Environmental Crimes Section: A Case Study of Inter- and Intrabranch Conflict over Congressional Oversight and the Exercise of Prosecutorial Discretion

industry and political figures." A number of congressional committees held hearings to investigate the Section,4 and the national media covered the issue extensively.5 In addition, several ECS prosecutors ... . Finally, this Note posits that the threat of improper partisanship constituted a critical element of the ECS affair. Political tensions underlay the interbranch conflict over congressional investigation

Head-of-State Immunity in the United States Courts: Still Confused After All These Years

an imprisoned political opponent killed by Haitian soldiers allegedly acting on the orders of then-President of Haiti, Jean-Bertrande Aristide. 11 Aristide was living in exile in the United States at ... 51 and accompanying text. 14. Aristide, 844 F. Supp. at 139. Even though the U.S. government still recognized Aristide as the legitimate head-of-state of Haiti and may have had a political interest in

One Green America: Continuities and Discontinuities in Environmental Federalism in the United States

water, rivers, lakes, and oceans. An obvious feature of air and at least some water is that it moves across political boundaries such as county and state lines. The emissions of pollutants crossing state ... shared nonnative commitments as to what residence and/or citizenship should mean for every American.5 3. See, e.g, David Spence, Federalism, Regulatory Lags and the Political Economy of Energy Production

Privitization of Old-Age Pensions in Latin America: Lessons for Social Security Reform in the United States

for retirement during the Depression brought increased popular and political support for a system of federal old-age pensions.2 5 President Franklin D. Roosevelt used this swelling support to push ... suggested that without fundamental reform of the current system, the rising tax burden of Social Security on working Americans will lead to a political war between the young and the old.39 2. Insufficient

The Foreign Sovereign Before United States Courts

edition. These were annotated to United States laws and conditions. 26. Smith's work was the first comprehensive treatise (in English) on national economic policies or political economy. The author was ... professor of moral philosophy at Glascow University and the book was apparently written to prove that current ideas were unsoundparticularly, that private vices were public benefits because they create

The Terrorism Bar to Asylum in Australia, Canada, the United Kingdom, and the United States: Transporting Best Practices

fundamental doctrinal dilemma.' 6 13. DIPAK K_ GUPTA, UNDERSTANDING TERRORISM AND POLITICAL VIOLENCE 3 (2008). 14. See id. at 6-7. 15. See id. at 7-8. 16. The Encyclopediaof World Terrorismbegins with this ... , in this era, this term carries with it significant legal and political consequences. The meaning depends on who defines it. There is no real disagreement in the Western World on whether Mohammed Atta

The Lengthening Anti-Bribery Lasso of the United States: The Recent Extraterritorial Application of the U.S. Foreign Corrupt Practices Act

, 10 Duke J. Comp. & Int'l L. 345, 348-52 (2000); Peter W. Schroth, The United States and the InternationalBribery Conventions, 50 Am. J. Comp. L. 593, 593-96 (Supp. 2002). political elections in the ... companies exerted corrupt influences on the political processes of their countries. Id. at 45 n.17 (citations omitted). 46. See id. at 44. 47. Cf. Posadas, supranote 38, at 355-56 (noting that the SEC

The Pen and the Sword: Legal Justifications for the United States’ Engagement Against the Islamic State of Iraq and Syria (ISIS)

member States must refrain from the “threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United ... will not authorize force against ISIS (specifically in Syria) for political reasons.60 Specifically, if the United States sought Security Council authorization to engage against ISIS, the United States

Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions

and the regulations promulgated by the British Attorney General 3 2 do not confine the Director's prosecutorial discretion. In exercising his discretion, the Director is completely free from political ... influence. Although appointed by and responsible to the Attorney General, who holds government office, the Director maintains his political independence. His ability to do so is explained by Sir Norman

The USA Patriot Act: Civil Liberties, the Media, and Public Opinion

dangerous acts that "appear to be intended ... to influence the policy of a government by intimidation or coercion." 7 Broadly applied, this could be used to silence any political dissent critical of ... use of terrorism in general?116 When asked in a single item if the killing of innocent civilians to achieve a political goal is ever a "morally acceptable" tactic, a clear ninety percent majority said

Anyone Can “Think Like a Lawyer”: How the Lawyers’ Monopoly on Legal Understanding Undermines Democracy and the Rule of Law in the United States

court administration systems, and building up bar associations.10 These efforts to “win the hearts and minds of the judicial and political elite” to bring about reform often fail, because the corruption ... Quigley, Growing Political Will from the Grassroots: How Social Movement Principles Can Reverse the Dismal Legacy of Rule of Law Interventions, 41 COLUM. HUM. RTS. L. REV. 13, 50 (2009). 12. Golub, supra