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Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law 81818app手机版下载

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine 2020 Southern Illinois University 81818app手机版下载

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity ...


“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin 2020 University of Trento

“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin

OSSA Conference Archive

Every individual when making an opinion always sees from a here-and-now point of view characterized by an overlapping of beliefs (produced by inner activities dealing with reasonings, feelings and ethical standards). In the history of philosophy we can find two main types of evidence, based on what we might call “linear” and “fractal” rationality. In the light of the former, which almost exclusively fosters formal deductivism, evidence is based on mere systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral etc.) are marginalized – persuasion included. In the light of “fractal” rationality, which is more adherent to ...


Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia, Michael Cooper 2020 Brooklyn Law School

Comity & Calamity: Deference To The Executive And The Uncertain Future Of The Fsia, Michael Cooper

Brooklyn Journal of International Law

In 1976, Congress set out to remedy the haphazard and politically influenced system by which foreign states were granted sovereign immunity from United States’ courts. Its remedy was the Foreign Sovereign Immunities Act (FSIA), which explicitly put the power to determine whether a foreign state should be granted immunity from a court’s jurisdiction in the hands of the judiciary. Moreover, with some minor exceptions, the FSIA did not explicitly contemplate any involvement from the executive branch in reaching those determinations. However, given that concerns involving foreign relations inherently arise when a foreign state is sued in U.S. courts ...


A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova 2020 Brooklyn Law School 81818app手机版下载

A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova

Brooklyn Journal of International Law

81818app手机版下载Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example ...


Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku 2020 Brooklyn Law School

Constitutionalism And Africa's Agenda 2063: How To Build "The Africa We Want", John Mukum Mbaku

Brooklyn Journal of International Law

In 2013, Africans, under the leadership of the African Union, set out to develop a “strategic framework for the socio-economic transformation of the continent over the next 50 years.” This new development program was expected to “accelerate the implementation of past and existing continental initiatives for growth and sustainable development.” This transformative program, called Agenda 2063: The Africa We Want, was officially adopted by the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia in January 2015. The heart of this ambitious development initiative are seven aspirations, which Africans hope to achieve by the ...


Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj 2020 Brooklyn Law School

Kosovo's Controversial 100 Percent Tariff: An Analysis Of Its Imposition And The Issues Bleeding Into The Conflict Between Kosovo And Serbia, Ernira Mehmetaj

Brooklyn Journal of International Law

On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the ...


Civil Rights Ecosystems, Joanna C. Schwartz 2020 UCLA School of Law

Civil Rights Ecosystems, Joanna C. Schwartz

Michigan Law Review

The Philadelphia and Houston Police Departments are similarly sized, but over a recent two-year period, ten times more civil rights suits were filed against Philadelphia and its officers than were filed against Houston and its officers. Plaintiffs in cases brought against Philadelphia and its officers were awarded one hundred times more in settlements and judgments. What accounts for these differences? Although the frequency and severity of misconduct and injury may play some role, I contend that the volume and outcome of civil rights litigation against any given jurisdiction should be understood as a product of what I call its civil ...


Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin 2020 United States Army Military Police (Retired) 81818app手机版下载

Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin

Dignity: A Journal on Sexual Exploitation and Violence

81818app手机版下载Before my combat deployments into Iraq, I, Colonel Wes Martin, had successfully fought another war. As a military police officer, I spent many years fighting against sexual misconduct, abuse of authority, and cover-ups within the senior officer and sergeant ranks in the United States Army. During this fight I faced continual criticism from my senior officers who claimed I was discrediting the Army by exposing the corrupt and immoral behavior of senior officers and sergeants.

During the early days of standing up to the corruption, when I had the rank of Major, I received retaliatory evaluations and was forced to ...


Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer 2020 Alexander Blewett III School of Law, University of Montana

Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer

University of Michigan Journal of Law Reform

81818app手机版下载There are tremendous disparities between high stakes original actions between states before the U.S. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing ...


Due Process In Antitrust Enforcement Through The Lens Of Comparative Law, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang 2020 University of Pennsylvania Carey Law School 81818app手机版下载

Due Process In Antitrust Enforcement Through The Lens Of Comparative Law, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang

Faculty Scholarship at Penn Law

Due process in antitrust enforcement has significant implications for better professional and accurate enforcement decisions. Not only can due process spur economic growth, raise government credibility, and limit the abuse of powers according to law, it also promotes competitive reforms in monopolized sectors and curbs corruption. Jurisdictions learn from the best practices in the investigation process, decisionmaking process, and the announcement and judicial review of antitrust enforcement decisions. By comparing the enforcement policies of China, the European Union, and the United States, this article calls for better disclosure of evidence, participation of legal counsel, and protection of the procedural and ...


Testing Transparency, Brigham Daniels, Mark Buntaine, Tanner Bangerter 2020 Northwestern Pritzker School of Law 81818app手机版下载

Testing Transparency, Brigham Daniels, Mark Buntaine, Tanner Bangerter

Northwestern University Law Review

In modern democracies, governmental transparency is thought to have great value. When it comes to addressing administrative corruption and mismanagement, many would agree with Justice Brandeis’s observation that sunlight is the best disinfectant. Beyond this, many credit transparency with enabling meaningful citizen participation.

81818app手机版下载But even though transparency appears highly correlated with successful governance in developed democracies, assumptions about administrative transparency have remained empirically untested. Testing effects of transparency would prove particularly helpful in developing democracies where transparency norms have not taken hold or only have done so slowly. In these contexts, does administrative transparency really create the sorts of ...


Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd 2020 Maurer School of Law: Indiana University 81818app手机版下载

Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd

Indiana Journal of Constitutional Design

In the pursuit of better policy, many nations have turned to Impact Assessments as a potential solution. However, in order to make Impact Assessments as effective and impactful as possible, governments must think critically about which body should write Impact Assessments and what should go into these documents. In this Paper, I survey different Impact Assessment structures and the various government bodies formed to draft or review them. After completing this survey, I conclude that presidential and parliamentary systems should form their Impact Assessment offices differently in order to complement their differing governmental structures. While presidential systems would be best ...


Summary Dispositions As Precedent, Richard C. Chen 2020 William & Mary Law School

Summary Dispositions As Precedent, Richard C. Chen

William & Mary Law Review

The Supreme Court’s practice of summarily reversing decisions based on certiorari filings, without the benefit of merits briefing or oral argument, has recently come under increasing scrutiny. The practice is difficult to square with the Court’s stated criteria for granting certiorari and its norms against reviewing fact-bound cases to engage in mere error correction. Nonetheless, there is growing acceptance that the practice is likely to continue in some form, and the conversation has shifted to asking when the use of summary dispositions should be considered proper. Commentators have had no trouble identifying the Court’s tendencies: summary dispositions ...


Reporting Certainty, James A. Macleod 2020 Brigham Young University Law School 81818app手机版下载

Reporting Certainty, James A. Macleod

BYU Law Review

Legal theorists, judges, and legal writing instructors persistently decry the assertions of certainty—”obviously X,” “undoubtedly Y,” etc.—that litter judicial opinions. According to the conventional view, the rhetoric of certainty that these assertions epitomize is disingenuous. It also reflects, and even encourages, poor judicial decision-making. And as if that were not enough, it is so unpersuasive that it is counter-persuasive: it signals uncertainty, nonobviousness, etc.—the exact opposite of what its author intends. Judges, for these and other reasons, should abstain from needless assertions of certainty and the myopic thinking they evince. That much is certain.

81818app手机版下载Yet the rhetoric ...


Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller 2020 Liberty University

Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller

Bound Away: The Liberty Journal of History

81818app手机版下载An active proponent of republican government, Mercy Otis Warren had a significant role in the revolutionary period. She was a woman who was close to the action, well-acquainted with the central figures, and instrumental in bringing about the monumental changes in America in the late 1700s. Referred to as the “muse of the revolution,”[1] Mercy Otis Warren used her pen to significantly broaden the colonial understanding of a republican form of government and passionately promote it. From a collection of early poems and political satires written in the years preceding the war to her epic history of the revolution ...


The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth 2020 Georgetown University Law Center

The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth

Georgia Journal of International & Comparative Law

No abstract provided.


The Perfect Opinion, Andrew Jensen Kerr 2020 Georgetown Law 81818app手机版下载

The Perfect Opinion, Andrew Jensen Kerr

Washington University Jurisprudence Review

In my Article, "The Perfect Opinion," I collate favorite judicial opinions to inductively derive an archetype of perfection. The question of which opinions we like the most is decidedly subjective, but it also reveals implied preferences for creative judging that might not register on citation counts or be prioritized when editing casebooks. Importantly, our choice of a favorite reflects something about us. So why do judges often select non-authoritative opinions (alternative concurrences or dissents) or no- citation opinions (that don’t cite to prior case law) when asked of their favorite opinion? We might predict that most judges would select ...


Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets 2020 Managing Editor, Washington Univeristy Juriprudence Review; J.D. Candidate, Washington University School of Law Class of 2020

Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets

Washington University Jurisprudence Review

How the federal government should regulate e-cigarette advertising targeted towards children generates unique jurisprudential questions regarding the potential for infringement on children’s liberty and autonomy. While it would seem unethical to restrict e-cigarette advertisements to adults, children are in a different category because they lack the maturity and decision-making skills to discern advertising falsehoods from reality. This is especially problematic with e-cigarette advertisements because long-term public health outcomes for children are at stake. This Note assesses the historical and modern regulatory measures used by Congress, the FDA, and the judiciary to regulate how the tobacco industry may advertise to ...


Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy 2020 Articles Editor, Washington University Jurisprudence Review; J.D. Candidate, Washington University School of Law Class of 2020.

Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy

Washington University Jurisprudence Review

Corporations are the primary engine of economic activity in the United States and they are provided with legal rights primarily to facilitate their productive activity. As economic actors, corporations must inevitably interact with other corporations and natural persons within the legal system. Corporations must be allowed to invoke legal rights in order to operate within the American legal system. Traditionally, the American legal system has classified corporations as legal “persons” to allow them to seamlessly integrate into the existing legal system. This Note tackles the question of corporate personhood utilizing an approach inspired by social contract theory and seeks to ...