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The People or the State

Details: human laws, is, that he binds himself. Upon the same principles, upon which he becomes bound by the laws, he becomes amenable to the Courts of Justice, which are formed and authorised by those laws.”17 State governments are simply the product of these very same people, themselves bound by laws, who have banded together to form a government.

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Georgetown University Law Center Scholarship @ …

Details: valid laws is illegitimate even if consented to by a majority. Indeed, only by realizing that the "consent of the governed" is a fiction can one appre-ciate the imperative that lawmakers respect the requirements of justice (whatever one believes those to be). Though my thesis concerning legitimacy does depend on …

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Can Justice and the Rule of Law Be Reconciled

Details: ment of the laws in question. The judiciary has no role to play other than that of applying the statutes in a fair and im-partial manner. 2. According to this view, there is no "objective" category of justice to which judges may appeal. Because justice is not neu-tral, there are no "neutral principles" by which judges may

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"The Harmful Side Effects of Drug Prohibition" by Randy E

Details: The harmful side-effects of drug laws have long been noted by a number of commentators, although among the general public the facts are not as well known as they should be. More importantly, even people who agree about the facts fail to grasp that it is the nature of the means—coercion—chosen to pursue the suppression of voluntary

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The Harmful Side Effects of Drug Prohibition

Details: Drug laws reflect the decision of some persons that other persons who wish to consume certain substances should not be permitted to act on their preferences. Nor should anyone be permitted to satisfy the desires of drug consumers by making and selling the …

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Sex, Law and Consent

Details: harassment laws should be read narrowly so as to protect consensual sex and sexual speech in workplaces and in schools.10 Consensual sex, perhaps quintessentially for contemporary liberal legalists, wherever it happens, and whatever its form, and whatever the motivation -- whether it be in cars, bordellos or on screen sets, between persons of the

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Indisputable Violations: What Happens When the United

Details: States has the obligation to “take Care that the Laws be faithfully executed.” Juxtaposing these texts, it is “black letter law” that a treaty must be enforced unless it runs afoul of a provision of the Constitution (noting that a treaty may be invalidated as “unconstitutional” in the same sense as …

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On Petition for a Writ of Certiorari to The United States

Details: 111 Upjohn Co. v. United States, 449 U.S. 383 (1981).. passim Statutes and Rules 5 U.S.C. § 552 (1994) 4 Cal. Evid. Code § 951 (West 1995) 15 Fed. R. Evid. 501 2, 3

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Sexual Character Evidence in Civil Actions: Refining the

Details: 1224 WISCONSIN LAW REVIEW to show that the defendant is the sort of person who would engage in sexual misconduct, and argue that conclusion to the jury .

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Restorative Justice: What is it and Does it Work

Details: Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2007 Restorative Justice: What is it and Does it Work? Carrie Menkel-Meadow Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 1005485

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Law, Liberty and the Rule of Law (in a Constitutional

Details: men" ("passion") and the "government of/under laws" ("reason") in Socrates, Plato and Aristotle, and the principles of "equality before/under law" (identified with the Greek word isonomia), or "freedom before/under law" in Marcus Tullius Cicero and in Edward Coke to the contemporary distinctions between the "adjudicative/

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A Reexamination of the Distinction Between 'Loss

Details: in Louisiana Civil Code article 3515, which calls for the application of the laws of "the state whose policies would be most seriously impaired if its law were not applied to that issue.,,2 The remainder of the codification is an effort to delineate how this general principle applies in …

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Drones and the International Rule of Law

Details: the laws are in fact binding and that there is a sense of institutional and procedural fairness. Precisely what this requires is the subject of much debate. At the national level, it is generally taken for granted that a robust rule-of-law society must have a strong, independent …

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Meaning, Purpose, and Cause in the Law of Deception

Details: norms to achieve legal ends. Purpose-based laws target acts done with the wrong intent, such as with the aim of concealing the truth. Rather than employ-ing an objective standard of behavior, these laws define the object of regulation by an actor’s wrongful state of mind. Causal-predictive laws

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The Clean Air Act and the Constitution

Details: HeinOnline -- 20 St. Louis U. Pub. L. Rev. 123 2001. 2001] THE CLEAN AIR ACT AND THE CONSTITUTION . 123 . compliance with the standards), and, for particulate matter, an indicator (based

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Constitutional Law and International Law: National

Details: laws derive their validity and binding force from the Constitution, subject to the power of the courts to determine that an apparent law is not a law at all but is null and void. This, it must be noted, is a democratic conception of constitutionalism but with distinctly elitist and nondemocratic elements to it.

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The Law of Deception: A Research Agenda

Details: laws of deception, the variety of scienter requirements, how the law handles cases where it is difficult to verify whether a statement is true or false, special procedural protections such . 10. No. 2:13-cv-00679-RJS-EJF, 2017 WL 2912423 (D. Utah, July 7, 2017).

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National Security and Environmental Laws: A Clear and

Details: tal laws and protecting national security exist, although some like Dycus believe that they are avoidable with proper planning and foresight. 7 . No one understands this situation better than the military. We face numerous challenges and adversaries that threaten our way of life.

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Federalism, Law Enforcement, and the Supremacy Clause: The

Details: the Tenth Amendment to enforce its own criminal laws within its ter­ ritory. On the other side is the Supremacy Clause. We can begin on reasonably common ground. Among other things, the Supremacy Clause prevents states from enforcing their laws in a way that …

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Disruptive Technologies and the Law

Details: D.C. have passed laws permitting the testing and use of autonomous cars, and further legislation is pending in many other states. Of the numerous potential benefits of …

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The Increasing Weight of Regulation: Countries Combat the

Details: of laws addressing childhood obesity. 5 From 2003 to 2005, there was an increase in the annual number of childhood obesity bills introduced from 199 to 339 and adopted from 40 to 55 (the proportion adopted, however, decreased 4% over the same time period).6 From 2009 to 2010 alone, 41 states enacted forms of legislation

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"The Malaysian Legal System: A Tale of Two Courts" by

Details: Malaysia was born in a climate of multicultural compromise as a constitutional monarchy governed by secular laws. Islam was acknowledged as the religion of the Federation, according to article 3(1) of the Federal Constitution, ‘but other religions may be practised in peace and …

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A Timeline of the Evolution of Retirement in the United States

Details: pension and retirement plans. Rather, it emphasizes those laws that have come to shape how we view retirement, particularly the tax laws that encouraged employers to establish pension and retirement plans in the first place. 1875 – The American Express Company establishes the first private pension

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Tax Penalties and Tax Compliance

Details: 114. Harvard Journal on Legislation [Vol. 46 brief overview of the relevant tax penalties under current law. Part III ex-plores the two functions of tax penalties: the instrumental function generally

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Regulation of Dispute Resolution in the United States of

Details: at least in the US, ‘model laws of ADR’ are unlikely to succeed at the national level. Current eff orts to create ‘uniform state laws’ (a separate process for making uniform those subjects that transcend state boundaries, as in the Uniform Commercial Code. 5) 2 .

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Choice of Law as Extraterritoriality

Details: the state. See Restatement (Second) of Conflict of Laws § 8, cmt. d (Am Law Inst. 1971), especially the accompanying illustration: “If the X court decides that the reference is to Y local law, it will decide the case in the same way as a Y court would have decided if A had

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The Law Against Family Separation

Details: laws acknowledged that what later became known as the family separation policy was intended to be a harsh mechanism of enforcement—so harsh, in fact, that the administration apparently believed and hoped it would deter future migration over the southern border. What was left …

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Stone Monuments and Flexible Laws: Removing Confederate

Details: preservation laws might complicate or prevent efforts to remove Confederate monuments. 1. Many lawyers and activists will be grateful for this guidance. However, Phelps and Owley overstate the burden historic preservation laws impose on such removal and ignore the benefits that of the administrative processes they provide.

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Can We Indict a Sitting President

Details: II, Section 3, to take care that the laws are faithfully executed, and has the power under Article II, Section 2, to pardon, including, in Eastland's view, the power to pardon himself the President can control whether or not he is indicted, prosecuted, and sentenced. The only check on the President's use of these powers is a political check by

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Four Senses of the Public Law-Private Law Distinction

Details: trast, we may call laws that define the rights and duties that private individuals and groups owe to each other "private law." Roman law, for example, "made a distinction between public law and private law. The former was concerned with the func- tioning of the state, and included in particular constitutional

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The Greening of America and the Graying of United States

Details: laws aimed at reducing pollution and promoting resource conservation . . The purpose of this article is to begin to place the developments of the past few decades in historical perspective. To that end, the article is divided into three parts, roughly corresponding to the …

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Are Foreign Nationals Entitled to the Same Constitutional

Details: laws barring foreign nationals from owning land, even where the laws were a transparent cover for anti-Japanese racism.s It has permitted the indefinite detention of "arriving aliens" stopped at the border on the basis of secret evidence that they could not confront. 9 . And it …

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International Environmental Law: Contemporary Issues and

Details: International Environmental Law: Contemporary Issues and the Emergence of a New World Order. EDITH BROWN WEISS* In 1972 international environmental law was a fledgling field with less

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Discrimination Based on HIV/AIDS and Other Conditions

Details: laws at the state and local levels include some notable deviations from this federal definition, the federal definition has been widely influen­ tial in the development of non-discrimination standards at the state level. HIV infection presents a fundamental question al)out …

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Enforcing Federal Drug Laws in States Where Medical

Details: Enforcing Federal Drug Laws in States Where Medical Marijuana Is Lawful Lawrence O. Gostin Georgetown University, [email protected] James G. Hodge Arizona State University Sandra Day O'Connor College of Law, [email protected] Sarah A. Wetter Arizona State University Sandra Day O'Connor College of Law, [email protected]

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Law, Ethics, and Public Health in the Vaccination Debates

Details: Law,Ethics,andPublicHealth intheVaccinationDebates PoliticsoftheMeaslesOutbreak. The US Centersfor Disease Control and Prevention (CDC) declared endemic measles eliminated in 2000,

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Buck v. Bell : A Constitutional Tragedy from a Lost World

Details: eugenic laws, or so California's Human Betterment Foundation, one of the country's most active eugenic organizations, declared. 25 "[T]wenty-seven of the forty-eight states had sterilization laws." 26 . California was the leader in such eugenic efforts, eventually sterilizing as many as 20,000 people. 27

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Redefining the State's Response to Domestic Violence: Past

Details: Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, and workplace safety guarantees were expanded. And in the seventies and eighties, on the domestic violence front, …

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The Legal Determinants of Health: How Can We Achieve

Details: health laws provide different health benefits depending on the insurance scheme, violating equity. Often the services offered in poor neighborhoods are of lower quality than in high-income communities. Among the varied reasons for inequitable distribution of health services is that skilled

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Racial Insults and Free Speech Within the University

Details: tarian Defense of Group Libel Laws, 101 HARv. L. REv. 682 (1988); Note, Group Vilification Re-considered, 89 YALE L.J. 308 (1979). 3. As an example of a racial insult within my definition, consider the words "Niggers Suck" spray painted on a wall. This expression, of course, does not purport to …

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Drawing a Line Between Killing and Letting Die: The Law

Details: Drawing a Line Between Killing and Letting Die: The Law, and Law Reform, on Medically Assisted Dying. Lawrence 0. Gostin. raditional medical ethics and law draw a sharp

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"Military Lawyers and the Two Cultures Problem" by David Luban

Details: Military and humanitarian lawyers approach the laws of war—labeled “law of armed conflict” by the former and “international humanitarian law” by the latter—in very different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity.

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"The Legal Determinants of Health: Harnessing the Power of

Details: Health risks in the 21st century are beyond the control of any country. In an era of globalization, promoting public health and equity requires cooperation and coordination both within and among states. Law can be a powerful tool for advancing global health, yet it remains significantly underutilised and poorly understood. Working in partnership, public health lawyers and health …

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"Unconscious Racism Revisited: Reflections on the Impact

Details: Professor Lawrence suggested that rather than look for discriminatory motive, the Court should examine the cultural meaning of laws to determine the presence of collective, unconscious racism. In this Article, Professor Lawrence discusses the origins and impact of his groundbreaking article.

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Modernizing Muslim Family Law: The Case of Egypt

Details: Egypt's Laws of Personal Status, 10 ARAB STUD. Q. 319, 323-25 (1988) (on file with author). 2. See J. N. D. Anderson, Law Reform in Egypt: 1850-1950, in POLITICAL AND SOCIAL CHANGE IN MODERN EGYPT 209, 217-24 (P. M. Holt ed., 1968) (describing changes in the laws of Egypt, as embodied by the adoption of various Codes that were

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Implementing Public Health Regulations in Developing

Details: 508. journal of law, medicine & ethics. Implementing Public Health Regulations in Developing Countries: Lessons from the OECD Countries. Emily A. Mok, Lawrence O.

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