Journal articles on the topic 'Courts – Central America'
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1
Caserta, Salvatore, and Pola Cebulak. "The limits of international adjudication: authority and resistance of regional economic courts in times of crisis." International Journal of Law in Context 14, no. 2 (May 29, 2018): 275–93. http://dx.doi.org/10.1017/s1744552318000071.
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AbstractThe paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.
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CASERTA, SALVATORE. "Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean." Leiden Journal of International Law 30, no. 3 (June 5, 2017): 579–601. http://dx.doi.org/10.1017/s0922156517000322.
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AbstractThe article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts have been branded institutional copies of the Court of Justice of the European Union (CJEU); they have even borrowed key jurisprudential principles from the Luxembourg Court with the goal of expanding the reach of Central American and Caribbean Community Laws. Yet, both the CACJ and the CCJ have thus far failed to foster supranationality in their respective systems. This is because the conditions allowing RICs to become engines of integration lie, for the most part, beyond the direct control of the judges, most notably, with other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article thus suggests that RICs can become engines of supranationality only to the extent to which they are supported by a set of institutional, political, and societal pre-conditions allowing for the concrete enforcement of the rulings of the RIC at the regional and national levels.
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Crowe, Justin. "Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine. By Maria Popova. New York: Cambridge University Press, 2012. 210p. $99.00." Perspectives on Politics 11, no. 1 (March 2013): 213–15. http://dx.doi.org/10.1017/s1537592712003052.
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In the United States, the borderline obsessive academic focus with judicial independence as a political science concept would lead one to believe that judicial independence as an empirical political reality is persistently endangered. And yet, periodic partisan apoplexy about controversial Supreme Court decisions notwithstanding, it is anything but: Even with judicial potency in polities as disparate as Israel, India, and Germany, the American judiciary remains perhaps the most powerful and most stable in the world. But with all due respect to John Locke, all the world is emphatically not America. Elsewhere, of course, there are locales where the climate surrounding law and courts is rather different, where judicial independence is inconsistent, threatened, or downright fictitious. It is in the study of these nations that judicial independence deserves the central place in public law scholarship it already occupies in America. And with the publication of Maria Popova's Politicized Justice in Emerging Democracies, students of at least two sets of those nations—post-Soviet states specifically and emerging democracies more generally—have both a clarion call for what they could be studying and a first-rate example of how they could be studying it.
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Norgren, Jill. "Lawyers and the Legal Business of the Cherokee Republic in Courts of the United States, 1829–1835." Law and History Review 10, no. 2 (1992): 253–314. http://dx.doi.org/10.2307/743762.
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When Europeans first arrived, the Native American societies of North America had a variety of systems of social control and conflict mediation. These indigenous peoples were not heir to the concept of equal protection of the law derived from the Magna Carta, nor to notions of individual rights defended in the English Bill of Rights (1689) and Western Enlightenment political thought. Theirs were systems of custom and commandment of their own need and development. Therefore, after the contact period, whenever conflict arose a central issue of cultural pluralism surfaced: whose resolution system would be used when mediation was necessary.
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Wilson, Bruce M. "Institutional Reform and Rights Revolutions in Latin America: The Cases of Costa Rica and Colombia." Journal of Politics in Latin America 1, no. 2 (August 2009): 59–85. http://dx.doi.org/10.1177/1866802x0900100203.
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This article analyzes the conditions that allowed for expansive rights revolutions in Costa Rica and Colombia. My research suggests that many of the preconditions for rights revolutions in other regions of the world are also central to understanding Latin American cases. Of particular relevance is judicial system design including the high courts’ operating rules concerning access, standing, and judicial formality. These factors can and do mitigate the need for extensive resources and support structures necessary in other non-Latin American countries in which rights revolutions have occurred.
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Lobel, Jules. "The Constitution Abroad." American Journal of International Law 83, no. 4 (October 1989): 871–79. http://dx.doi.org/10.2307/2203376.
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In recent years federal courts have faced a growing number of challenges to United States actions abroad. Citizens living abroad have brought claims alleging that their property was unlawfully taken or that their lives were threatened by United States governmental action. Aliens living in foreign countries have also invoked constitutional protections—Nicaraguans have alleged torture and assassination attributed to CIA activities in Central America; a Mexican alleged that his home in Mexico was searched by Drug Enforcement Agency officials without a search warrant; a Lebanese citizen claimed that he was unlawfully arrested and interrogated in international waters by U.S. agents; a Polish refugee tried for hijacking in a special United States court convened in Berlin sought the right to a jury trial. These cases test the extent to which the Constitution limits U.S. conduct abroad.
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Ogden, Julia. "Innocent Children and Passive Pederasts: Sodomy, Age of Consent, and the Legal and Juridical Vulnerability of Boys in Buenos Aires, 1853–1912." Law and History Review 37, no. 1 (February 2019): 237–74. http://dx.doi.org/10.1017/s0738248018000457.
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This article explores the legal and judicial vulnerability of male youth in Buenos Aires, Argentina between 1853 and 1912, years that correspond to the codification of criminal law and the passage of the first age of consent laws. Using 65 sodomy and rape cases, it traces the courts' changing treatment of males who suffered sexual assault. It argues that a traditional revulsion of sodomy, a cultural preoccupation with female sexuality, official concern with the social order, and the preoccupations of classical and positivist criminologists ensured the liminality of male youth in both the law and the courts. Judicial authorities only started to regard prepubescent boys as innocent in the first decade of the twentieth century. By highlighting how age, innocence and gender were only mutually constituted in the twentieth century, this article makes a significant contribution to literature on the emergence of modern notions of childhood and innocence. Historians have shown how categories such as class, ethnicity, filiation and natal status worked to include or exclude certain groups from this classification in modern Latin America, this work reveals how central both age and gender norms and expectations were to the belated integration of boys.
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Schinkel, Maarten Pieter, and Jakob Rüggeberg. "Consolidating Antitrust Damages in Europe: A Proposal for Standing in Line with Efficient Private Enforcement." World Competition 29, Issue 3 (September 1, 2006): 395–420. http://dx.doi.org/10.54648/woco2006029.
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One of the lessons from US private antitrust practice is that limitation of defendants’ and plaintiffs’ rights should not be imposed lightly. Three Supreme Court decisions in Hanover Shoe, Illinois Brick and ARC America denying the pass-on defence and limiting standing to sue have resulted in a complex system of multi-district and multi-party litigation that achieves neither fair compensation nor efficient deterrence. Excluding the pass-on defence in Europe is a first step in a similarly irreversible sequence of further corollary requirements. We caution against taking this route and instead propose an alternative institutional design for the European Union. The proposal involves a centralised consolidation of fragmented individual antitrust damage claims. The assessment of damages is allocated to a central authority, which acts as amicus curiae upon a definitive infringement decision in an initiating action before a national court. This advisory position would most naturally be designated to a competition authority. It would conduct a public investigation and assess and specify the combined economic damages caused by the infringement. Its consolidated damage report is offered as an advice to the court, which subsequently apportions individual damages to the initiating plaintiff. Later related claims can refer to the report in consequential actions before national courts. The procedure provides an efficient, single, consistent and complete damage estimate, while still utilising the full detection potential of unrestricted private damage actions. This allows for an effective and efficient mechanism of private antitrust enforcement, whilst achieving compensation of actual damages for those injured by anti-competitive acts.
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Ripley, Charles. "The Central American Court of Justice (1907-1918): Rethinking the Word’s First Court." Diálogos Revista Electrónica 19, no. 1 (December 1, 2017): 47. http://dx.doi.org/10.15517/dre.v19i1.27966.
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The Central American Court of Justice (CACJ) (1907-1918) was created with the goal of minimizing conflict between the five republics: El Salvador, Costa Rica, Guatemala, Nicaragua, and Honduras. The CACJ, however, has attracted scant scholarly attention. Nonetheless, the Court is academically significant and historically relevant. The CACJ was not only the world’s first supranational body to which states would suspend their sovereignty and submit all complaints, but also evidence that international organizations could facilitate state cooperation and create peace. Addressing the gap in the literature through extensive archival research, this study finds the following. First, the Court played an instrumental role in mediating regional peace and averting war between the republics. Second, it addressed controversial issues concerning state relations such as non-intervention, the law of the sea, and international treaty obligations. Third, due to the Court’s profound legal work, it still continues to have the potential to contribute to international law and institutions. Finally, although Washington played a significant role in the Court’s rise and demise, the Court demonstrates the ability of Latin American countries to address their own regional issues. As a result, the CACJ is a valuable underexplored subject that merits historical consideration.
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Camp, Charles, and Theresa Bowman. "Rubin v. Eurofinance SA (U.K. Sup. Ct.)." International Legal Materials 52, no. 2 (April 2013): 623–58. http://dx.doi.org/10.5305/intelegamate.52.2.0623.
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In October 2012, the United Kingdom Supreme Court (the Court), by a 4-1 majority, signaled a sweeping return to a more traditional approach to the enforceability of foreign judgments in avoidance in Rubin v. Eurofinance SA. The Court rejected the more liberal rule previously advocated by the Court of Appeal, which gave English courts discretion to allow enforcement of in personam judgments in avoidance where they were related to insolvency and bankruptcy proceedings. The central issue in Rubin v. Eurofinance was whether an in personam judgment, entered in default but made as part of, or pursuant to, insolvency or bankruptcy proceedings abroad could be enforced at English common law. The Court held that the American default judgment at issue in Rubin was not enforceable in English courts.
11
Schroeder, Jared. "The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth." British Journal of American Legal Studies 7, no. 1 (May 30, 2018): 169–203. http://dx.doi.org/10.2478/bjals-2018-0005.
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Abstract Truth as a fundamental ingredient within the flow of discourse and the application of freedom of expression in democratic society has historically received considerable attention from the U.S. Supreme Court. Many of the Court’s central precedents regarding First Amendment concerns have been determined by how justices have understood truth and how they have conceptualized the complex relationship truth and falsity share. Despite the attention truth has received, however, the Court has not provided a consistent understanding of its meaning. For these reasons, this article examines how the Supreme Court has conceptualized truth in freedom-of-expression cases, ultimately drawing upon the results of that analysis, as well as pragmatic approaches to philosophy, the so called “pragmatic method” put forth by American philosopher William James, to propose a unifying conceptualization of truth that could be employed to help the Court provide consistency within its precedents regarding the meaning of a concept that has been central to the Court’s interpretation of the First Amendment since, in many ways, another pragmatist and friend of James’s, Justice Oliver Wendell Holmes, substantially addressed truth in his dissent in Abrams v. United States. The article concludes by proposing that the courts conceptualize the nature of truth via three substantially related understandings: that truth is a process, that it is experience-funded, and that it is not absolute and is best approached without prejudice. Each of the three ingredients relates, at least to some extent, with thematic understandings put forth by the Court in previous freedom-of-expression cases, and therefore does not represent a significant departure from justices’ traditional approaches to truth. The model, most ideally, does seek, with the help of pragmatic thought and ideas put forth by Justice Holmes, to encourage consistent recognition of certain principles regarding truth as justices go about considering its nature in First Amendment cases.
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Knight, Frances. "‘A Church without Discipline is No Church at All’: Discipline and Diversity in Nineteenth- and Twentieth-Century Anglicanism." Studies in Church History 43 (2007): 399–418. http://dx.doi.org/10.1017/s0424208400003375.
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In the early years of the twenty-first century, ecclesiastical discipline in an Anglican context has been very much a hot topic. Internationally, there has been intense debate over the decision by the Episcopal Church in the United States of America to ordain Gene Robinson, a continent yet avowedly homosexual priest, as one of its bishops, and over the decision of the diocese of New Westminster in Canada to authorize liturgical services of blessing for same-sex couples. The Windsor Report of 2004 was commissioned in order to formulate a Communion-wide response to these developments,1 and although ‘discipline’ is a word which is very seldom in its pages, it is, in effect, a study of the disciplinary framework which its authors believe necessary in order for the Anglican Communion to hold together. At a local level, the Church of England’s clerical discipline procedures are being thoroughly overhauled, following the General Synod of the Church of England’s 1996 report on clergy discipline and the ecclesiastical courts. This paper seeks to explore the themes of discipline and diversity in both an international and an English context. It attempts to shed a little more light on how the Anglican Communion, particularly in the former British Empire, got itself into its current position, as a loosely-federated assembly of provincial synods, without a central framework for handling disciplinary matters. Secondly, it examines how the Church of England has handled discipline in relation to its clergy since the mid-nineteenth century.
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Paúl, Álvaro. "Admissibility of evidence before the Inter-American Court of Human Rights." Revista Direito GV 13, no. 2 (August 2017): 653–76. http://dx.doi.org/10.1590/2317-6172201726.
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Abstract The Inter-American Court of Human Rights performs a wide evidentiary analysis, which tends to be very flexible in its admission of evidence. This paper tries to decipher the extent, applicability, and content of the Court’s admissibility rules, both the norms established by the Court itself, and those that the Court is obliged to follow. In order to do so, this article will analyze the relevant case law of the Court and provide some examples. Within this analysis, this article refers in depth to some unclear rulings that the Court has made in relation to the exclusion of evidence obtained via coercion, some of which seem to clash with the central role of truth in the Inter-American system.
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de Figueiredo, John M., and Rui J. P. de Figueiredo. "The Allocation of Resources by Interest Groups: Lobbying, Litigation and Administrative Regulation." Business and Politics 4, no. 2 (August 2002): 161–81. http://dx.doi.org/10.2202/1469-3569.1036.
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One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions—legislative, administrative, and legal—is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a number of important insights about each stage that cannot be observed by examining each one in isolation. We demonstrate that lobbying effort responds to the ideology of the court, and the responsiveness of the court to resources. In particular, (1) as courts become more biased toward the status quo, interest group lobbying investments become smaller, and may be eliminated all together, (2) as interest groups become wealthier, they spend more on lobbying, and (3) as the responsiveness of courts to resources decreases, the effect it has on lobbying investments depends on the underlying ideology of the court.
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Torres Zúñiga, Natalia. "The Image of The Inter-American Court of Human Rights as an Agent of Democratic Transformation: A Tool of Self-Validation." Araucaria, no. 46 (2021): 483–504. http://dx.doi.org/10.12795/araucaria.2021.i46.24.
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This paper provides a critical analysis of the premises and arguments put forward by the Ius Constitutionale Commune en America Latina project to ground the image of the Inter-American Court of Human Rights as an agent of democratic transformation. It highlights three critical aspects: 1. the profile of the Court is constructed by legal scholars relying on self-validation and selfreferentiality, 2. that image validates the idea that lawyers and the judiciary are agents of transformation ruling over local spaces from above, thereby discarding people as the central subjects of change and democratization, and 3. the concept of representative democracy becomes a device that secures the self-validating dynamics of the image of the Court as democracy builder.
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Anzaldo, Salvatore S. "Review of the genera of Conoderinae (Coleoptera, Curculionidae) from North America, Central America, and the Caribbean." ZooKeys 683 (July 7, 2017): 51–138. http://dx.doi.org/10.3897/zookeys.683.12080.
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The thirty-nine extant genera of Conoderinae known to occur in North America, Central America, and the Caribbean are reviewed based on external morphology. An identification key is provided along with diagnoses, distributions, species counts, and natural history information, when known, for each genus. Morphological character systems of importance for weevil classification are surveyed, potential relationships among the tribes and genera are discussed, and groups most in need of taxonomic and phylogenetic attention are identified. The following genera are transferred to new tribes: Acoptus LeConte, 1876 from the Lechriopini to the Othippiini(new placement) and the South American genus Hedycera Pascoe, 1870 from the Lechriopini to the Piazurini(new placement). Philides Champion, 1906 and Philinna Champion, 1906 are transferred from the Lechriopini to Conoderinaeincertae sedis(new placement) although their placement as conoderines is uncertain. The species Copturomimus cinereus Heller, 1895 is designated as the type species of the genus Copturomimus Heller, 1895.
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Rodman, Kenneth A. "Compromising Justice: Why the Bush Administration and the NGOs Are Both Wrong about the ICC." Ethics & International Affairs 20, no. 1 (March 2006): 25–53. http://dx.doi.org/10.1111/j.1747-7093.2006.00002.x.
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The critics of the ICC in the Bush administration and its supporters within the human rights community have one thing in common: they assume that the ICC can evolve into a powerful institution independent of states, either to constrain American power or to act on a duty to prosecute to end impunity for perpetrators. Both overestimate the ability of the court to pursue a legalism divorced from power realities. The former attribute to the court powers it is unlikely to exercise, particularly if the United States remains outside the treaty. This is due, in part, to the safeguards within the Rome Statute, but more importantly, to the court's dependence on sovereign cooperation, which will lead it to place a high premium on cultivating the good will of the most powerful states. The latter overestimate the degree to which courts by themselves can deter atrocities. The ICC's effectiveness in any particular case will therefore be dependent on the political consensus of those actors capable of wielding power in that area. They also underestimate the need to compromise justice – at least, prosecutorial justice – in cases in which bargaining and compromise are the central means of facilitating transitions from armed conflict or dictatorship, and in cases in which the strength of the perpetrators and the limits of one's power would make legal proceedings either futile or counterproductive to other interests and values. Hence, decisions to prosecute must first be subjected to a test of political prudence, and then take place according to due process and the rule of law.
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Pfeffer, Zsolt. "CONFLICTS OF INTEREST BETWEEN LOCAL GOVERNMENTS AND CENTRAL LEGISLATION – HOW FINANCIALLY INDEPENDENT CAN LOCAL GOVERNMENTS BE." Pravni vjesnik 38, no. 3-4 (2022): 159–82. http://dx.doi.org/10.25234/pv/22916.
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Rights and responsibilities of local governments are defined by the central legislature, in accordance with the given country’s rules, traditions, institutions of constitutional and administrative law. To perform public duties they need financial resources, incomes and wealth. Above these, the right of disposition, financial and economic autonomy have to be provided, moreover, the possibility to receive suitable subsidies from central budget. The proportion and guarantees of the income are important too, as the autonomy of local governments depending from central subsidies may be injured. The question of primary importance is that where are the limits of the mentioned autonomy, protected by various constitutional provisions and international legal documents, how the legislature is able to control the law of taxation, to enter transactions that give rise to debts, or how to withdraw different resources from local governments. The central withdrawal and reallocation of resources may raise the issue of local government solidarity. As well as the extent to which the property and income of local governments can be limited. According to the practice of the various constitutional courts and the supreme courts (American, French, German and Hungarian judicature), the rights and authorities of local governments are not unlimited. Although, local governments have to get effective protection, but after all it is the state who determines the content and the framework of relevant legal regulations for local governments. Therefore, within the constitutional framework, the central legislature has a serious opportunity to intervene in protected autonomy by withdrawing or reallocating revenues, assets or subsidies. The research method of the study is primarily financial and administrative legal analysis and legal comparison: in addition to international, constitutional and legal (American, German, French, Hungarian) rules, the basic characteristics of local government financial autonomy are presented based on the principles worked out in various Supreme Court and Constitutional Court decisions elements, as well as the limitations that said autonomy must face as a result of the decisions of the central legislature. The subject of the research is the financial autonomy of local governments and its legal limitations, which point out that autonomy - unfortunately, cannot be unlimited. Local taxation, own revenues and subsidies can indeed provide adequate foundations for independent local government management, however, since local governments must adapt in the state’s central system of public administration and public finances, therefore, within the constitutional framework, the central legislation can make decisions that adversely affect their incomes, budgets and assets.
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Boomgaard, Peter, R. H. Barnes, Sini Cedercreutz, Janet Carsten, Freek Colombijn, Brenda S. A. Yeoh, Robert Cribb, et al. "Book Reviews." Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 154, no. 3 (1998): 478–517. http://dx.doi.org/10.1163/22134379-90003893.
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- Peter Boomgaard, R.H. Barnes, Sea hunters of Indonesia; Fishers and weavers of Lamalera. Oxford: Clarendon Press, 1996, xxii + 467 pp. - Sini Cedercreutz, Janet Carsten, The heat of the earth; The process of kinship in a Malay fishing community. Oxford: Clarendon Press, 1997, xv + 314 pp., plates, figures, maps, bibliography, index. - Freek Colombijn, Brenda S.A. Yeoh, Contesting space; Power relations and the urban built environment in colonial Singapore. Kuala Lumpur, Oxford, Singapore and New York: Oxford University Press, 1996, xxiii + 351 pp., tables, figures, plates, index. - Robert Cribb, H.A.J. Klooster, Bibliography of the Indonesian Revolution; Publications from 1942 to 1994. Leiden: KITLV Press, 1997, viii + 666 pp., indices. [Bibliographical Series 21.] - Gavin W. Jones, Sharifah Zaleha Syed Hassan, Managing marital disputes in Malaysia; Islamic mediators and conflict resolution in the Syariah courts. Richmond, Surrey: Curzon Press, 1997, 252 pp., Sven Cederroth (eds.) - Bernice de Jong Boers, G.J. Schutte, State and trade in the Indonesian archipelago. Leiden: KITLV Press, 1994, viii + 199 pp. [Working Papers 13.] - Nico Kaptein, Greg Barton, Nahdlatul Ulama; Traditional Islam and modernity in Indonesia. Clayton, Victoria: Monash Asia Institute, 1996, xvii - 293 pp., Greg Fealy (eds.) - Gerrit Knaap, J.E. Schooneveld-Oosterling, Generale Missiven van Gouverneurs-Generaal en Raden aan Heren XVII der Verenigde Oostindische Compagnie. Vol. XI. Den Haag: Instituut voor Nederlandse Geschiedenis. [Rijks Geschiedkundige Publicatiën, Grote Serie 232], 1997, xii + 949 pp. - Niels Mulder, Unni Wikan, Managing turbulent hearts; A Balinese formula for living. Chicago, London: The University of Chicago Press, 1990, xxvi + 343 pp. - Sandra Niessen, Janet Rodenburg, In the shadow of migration; Rural women and their households in North Tapanuli, Indonesia. Leiden: KITLV Press, vii + 214 pp. [Verhandelingen 174.] - Dianne W.J.H. van Oosterhout, Roy Ellen, The cultural relations of classification; An analysis of Nuaulu animal categories from central Seram. Cambridge University Press 1993, 315 pp. [Cambridge Studies in Social and Cultural Anthropology 91] - Anton Ploeg, Douglas James Hayward, Vernacular Christianity among the Mulia Dani; An ethnography of religious belief among the western Dani of Irian Jaya. Lanham, Maryland: American Society of Missiology and University Press of America, 1997, ix + 329 pp. - M.J.C. Schouten, Laura Summers, Gender and the sexes in the Indonesian Archipelago. (complete issue of Indonesia Circle 67 (November 1995), pp. 165-359.), William Wilder (eds.) - Bernard Sellato, Y.C. Thambun Anyang, Daya Taman Kalimantan; Suatu studi etnografis organisasi sosial dan kekerabatan dengan pendekatan antropologi hukum. Nijmegen: Nijmegen University Press, 1996, xii + 268 pp. - Gerard Termorshuizen, E.M. Beekman, Troubled pleasures; Dutch colonial literature from the East Indies, 1600-1950. Oxford: Clarendon Press, 1996, 654 pp. - Jeroen Touwen, J.Th. Lindblad, Historical foundations of a national economy in Indonesia, 1890s-1990s. Amsterdam: North Holland, 1996, iv + 427 pp. [KNAW Verhandelingen, Afdeling Letterkunde, Nieuw Reeks 167.]
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Luedeman, Richard. "The Flubs that Bind: Stare Decisis and the Problem of Indeliberate Doctrinal Misstatements in Appellate Opinions." SMU Law Review 75, no. 4 (2022): 725. http://dx.doi.org/10.25172/smulr.75.4.2.
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Speak to enough lawyers (especially litigators) about their experiences grappling with binding appellate case law in their jurisdictions, and a significant number of them will complain about statements in appellate case law that patently contradict prior precedent, incorrectly articulate legal standards, or otherwise mangle the doctrine in an area. The image of courts as deliberative doctrine-producing machines ignores the reality that certain statements in judicial opinions might not have been carefully, deliberately constructed. Often, the result is harmless. But in some instances, doubt about the deliberateness of dubious doctrinal statements in judicial opinions can become an unavoidable problem for litigants and judges in future cases. Conventional lawyering tools—distinguishing cases factually or characterizing statements as dicta—are ill-suited to address language in judicial opinions that sets out generalizable doctrine (rather than fact-bound conclusions about a particular case) that is central to the court’s analysis and yet difficult or impossible to square with logic or with preexisting statements of the same doctrine. The uncomfortable truth is that judges with enormous dockets can make drafting mistakes in articulating doctrine—not merely judicial “error” in the sense of issuing a decision that would be reversed—and can even do so in crucial portions of their opinions. It is, of course, usually impossible to know for sure whether some or all of those seeming misstatements were secretly deliberate. To be sure, it is an appellate court’s prerogative to state the law in the manner of its choosing. But it is also eminently reasonable to presume, absent evidence to the contrary, that judges usually do not intend to create doctrinal contradictions within their jurisdictions without explanation. This Article explores the circumstances under which the best explanation for an apparent misstatement of doctrine is simply that it was uttered indeliberately as a result of insufficiently careful drafting. This Article then addresses whether indeliberate doctrinal misstatements in appellate precedent should enjoy the stare decisis effect that appellate decisions typically receive. A wide range of considerations—normative, pragmatic, and ethical—are relevant to that question. Top of mind among those considerations is recent criticism of stare decisis, including from members of the Supreme Court, based purely on disagreement with the conclusions the precedent reached. Next, in lieu of focusing on my own view of how best to balance the competing considerations, I explore empirically whether American lawyers as a whole have developed norms in this domain. Conventional wisdom might be that, absent the ability to distinguish a case or characterize a statement as dicta, the statements of appellate courts are strictly binding within their jurisdictions—and, at a minimum, that lawyers must bring all relevant binding appellate court doctrine to the attention of the judges deciding their cases. Based on my empirical research, however, the true picture is more complicated. This Article presents results from a nationwide study of practicing lawyers, showing that a substantial minority of lawyers feel no ethical obligation to raise an appellate court’s patently mistaken statements of doctrine, even when not dicta, and an even larger percentage of lawyers feel that lower courts should not follow such doctrinal misstatements. More broadly, it finds little consensus on these issues; in many portions of the study, the lawyers’ responses did not differ significantly from a 50/50 split. That is, despite all the norms that are supposedly instilled in the legal profession, lawyers often show no significant tendency one way or the other on these questions—either to follow appellate doctrinal misstatements or to disregard them. That result is consequential not merely because lawyers’ presentation of issues to their clients and to courts shapes outcomes, but also because nearly all American judges were formerly practicing lawyers themselves. Finally, I briefly reflect on why, in light of the study’s results and the normative, pragmatic, and ethical considerations discussed, lawyers and judges should become more comfortable identifying and disregarding doctrinal misstatements and legal educators should prepare their students to confront them.
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Anderson, Jennifer L. "Better Judges of the Situation: Environmental Realities & Problems of Imperial Authority in the Bay of Honduras." Itinerario 30, no. 3 (November 2006): 55–75. http://dx.doi.org/10.1017/s0165115300013371.
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In 1786, Britain and Spain concluded the Convention of London, a treaty renewing permission for Anglo woodcutters to cut timber within a designated area in the Bay of Honduras. In exchange, Britain affirmed once again Spain's sovereignty over this valuable section of the Central American coast. As a revision of several earlier treaties, this new agreement differed in that, while allowing mahogany cutting for the first time, it attempted to strictly define and limit the boundaries within which the woodcutters (or Baymen as they called themselves) could operate, and took decisive steps to restrict their settlement's expansion. While the two nations hailed the Convention as a welcome bilateral solution to a long-standing inter-imperial conflict, many of the Baymen, especially members of the local white oligarchy, reviled the outcome. In a memorial to George III, the treaty's critics in the Bay dismissed it as the misguided product of presumptuous diplomats:[T]he court of Madrid may amuse the court of London, with the number of miles and leagues which have been ceded to […] the British Settlement as long as the court of London is pleased to be amused with it. But […] your Memorialists with infinite respect to the superior Abilities and Knowledge and Wisdom of both Courts, most humbly pretend to be better Wood-cutters and better judges of the Soil, the Situation, and the Trees […] than all the courts of Europe […] They speak, and have always spoken, from their Knowledge and Experience.
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Blumm, Michael. "The Public Trust and the Chicago Lakefront: Review of Kearney & Merrill’s Lakefront: Public Trust and Private Rights in Chicago (Cornell U. Press, 2021)." Michigan Journal of Environmental & Administrative Law, no. 11.2 (2022): 315. http://dx.doi.org/10.36640/mjeal.11.2.public.
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Joseph Kearney and Thomas Merrill’s brilliantly illustrated LAKEFRONT is sure to win American legal history awards for its riveting history of the machinations behind the preservation of the magnificent Chicago lakefront, now dominated by public spaces. The authors weave together a compelling account of how the law affected the development of the post-fire Chicago in the late 19th and 20th centuries—largely made by lawyers and courts and only ratified by legislatures. The book’s title suggests that the story is largely about the public trust doctrine (PTD). But the doctrine is hardly the centerpiece of the authors’ story. What they have to say about the doctrine is confined to the Illinois version of the PTD, and they do not endeavor to explain where it deviates from the modern direction of the PTD. The book’s history of Chicago and its lakefront is groundbreaking legal history, buttressed by twenty years of exhaustive research, colorful characters, and interesting legal developments, of which the PTD played only a supporting role until the 1970s. The principal lesson of their story, one the authors do not emphasize enough, is a persistent struggle between public and private rights along the lakefront. What is unusual is how long this struggle endured, beginning with Illinois Central Railroad’s dominance in the late 19th century and the so-called “Lake Front Steal” of 1869, in which the Illinois legislature conveyed roughly one thousand acres of submerged Lake Michigan land to the railroad. The legislature soon thought better of the giveaway, and its rescission in 1873 culminated in a famous 1892 Supreme Court decision on the PTD, Illinois Central Railroad v. Illinois, pronounced as the lodestar case of the doctrine by Professor Joe Sax a half-century ago. The authors discuss the controversy over the lakebed conveyance and the Court’s pathbreaking decision, but they view the effect of the PTD on the Chicago lakefront as less significant than other considerations like the public dedication doctrine, which nearby landowners invoked to restrict development of the lakefront and preserve their views of the lake. Still, the Illinois Central Court focused public attention on what was an attempt to create a monopoly of the lake’s outer harbor, and that attention has persisted for a century-and-a-quarter following the Court’s decision. Today, the Chicago lakefront is largely public, the consequence of several factors that LAKEFRONT explains. This struggle between public and private rights over the Chicago lakefront existed long before the dawn of the modern environmental movement a half-century ago, influenced not only by the Court’s surprising 1892 decision but also by the persistent oversight of neighboring landowners protecting their views of the lake. This public-private clash, in which private rights were subject to both public and neighboring landowner challenges, created the glorious Chicago waterfront of today. This review of the Kearney and Merrill book focuses on the public trust doctrine, as articulated in the Lake Front case that culminated in the Illinois Central Court’s decision. There is more to the book, mostly centering on local Chicago interest, so this review concentrates on the public trust. Though in the book’s title, the authors maintain that the PTD was not as central to the story of the lakefront’s preservation as other influences. They remain public trust skeptics.
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Berkman, Michael B., and Eric Plutzer. "Scientific Expertise and the Culture War: Public Opinion and the Teaching of Evolution in the American States." Perspectives on Politics 7, no. 3 (August 19, 2009): 485–99. http://dx.doi.org/10.1017/s153759270999082x.
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The teaching of evolution in public schools has been a central element in the nation's “culture wars” since the 1920s and remains a contentious issue today. Content standards for the teaching of biology have been flashpoints for conflict, with well publicized battles occurring in state governments, in federal courts, and in local school districts. We show that a full understanding of evolution politics at the state level must simultaneously account for three important features. First, cultural politics typically includes an important role for public opinion. Second, scientists and their professional organizations have actively sought a monopoly on defining what is and is not science by marginalizing their uncredentialled opponents and by erecting boundaries that buffer science policy from the influence of politics and public opinion. Third, in the American federal system courts rarely settle cultural issues but merely narrow the space within which politics can operate. In accounting for these features, we explain why court victories for science have had only limited impacts and provide a model for understanding other issues—such as sex education, stem cell research, and global warming—in which moral and ideological arguments may conflict with scientific consensus.
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Webster, MD, Lynn R., Ronald W. Chapman II, JD, LLM, and Stephen J. Ziegler, PhD, JD. "Drug trafficking, good faith, and legal standards to convict: How the United States Supreme Court is about to affect every prescriber in America." Journal of Opioid Management 18, no. 3 (May 5, 2022): 203–4. http://dx.doi.org/10.5055/jom.2022.0711.
Full textAbstract:
Dr. Xiulu Ruan was a pain specialist in Alabama and, following his conviction in 2017, was sentenced to serve over 20 years in federal prison for violating several provisions of the federal Controlled Substances Act (CSA) relating to his prescribing practices. Dr. Ruan appealed his conviction and, in March of this year, argued before the US Supreme Court that he had been wrongfully convicted because the trial court had denied his ability to assert a good-faith defense concerning the prescriptions he issued.1 The last time the Supreme Court interpreted the CSA and its application to criminal cases involving prescribers was almost 50 years ago. The central question now before the Court is whether the government must merely prove that the prescription was issued outside of an acceptable standard of practice (limiting the focus to the prescription itself), or whether the prescriber knew that the prescription was unlawful at the time it was written (focusing on the prescriber’s intent and whether the prescriber believed in good faith that the prescription was within the standard of care).2 While we argue here that it should be the latter, the Court’s ultimate decision will establish the standard the government can use to prosecute prescribers and will affect the practice of medicine for years to come.
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Elizondo-Lara, Luis Carlos. "First record of Caecilia guntheri Dunn, 1942 (Gymnophiona, Caeciliidae) in Central America." Check List 17, no. 2 (April 13, 2021): 649–53. http://dx.doi.org/10.15560/17.2.649.
Full textAbstract:
I report the first encounter in Central America of an individual of Caecilia guntheri Dunn, 1942 (Gymnophiona, Caeciliidae). The individual was observed and collected in a primary evergreen submontane forest in Cerro Pirre, Darien Province, Republic of Panama. It was identified mainly by the low counts of secondary and primary folds. The encounter of this individual of C. guntheri highlights the disjunct populations and apparently the results of dispersion of this species from South to Central America by biotic exchange as result of the closure of the Isthmus of Panama.
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Drahozal, Christopher. "The New York Convention and the American Federal System." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (June 1, 2019): 37–54. http://dx.doi.org/10.52028/rbadr.v1i1.2.
Full textAbstract:
Virtually all American states have statutes that make arbitration agreements and awards enforceable and that set out procedures for their enforcement in state courts. A number of states, including California, Texas, and Florida, have enacted international arbitration statutes to supplement their domestic arbitration laws.2 But this extensive body of state arbitration law has had only a “marginal impact” on American arbitration practice – particularly international arbitration practice because the Federal Arbitration Act (FAA) preempts conflicting state arbitration laws, even in state court. Although we know that the FAA preempts state law, the scope of that preemptive effect is not clear. Indeed, a pair of United States Supreme Court cases have suggested a possible broader role for state law in arbitration matters. In Hall Street Associates, LLC v. Mattel Inc., the Court indicated in dicta that parties might be able to contract for expanded review under state law although the FAA does not permit them to do so.5 And in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Court suggested that the arbitrators might not have exceeded their powers in construing an arbitration clause to permit class arbitration if they had relied on a state default rule permitting class arbitration. Whether state law can play a broader role in international arbitration matters in the United States depends on the extent to which the New York Convention and Chapter Two of the FAA (which implements the Convention) preempt state arbitration law. This article undertakes a preliminary analysis of that broad topic by examining several legal questions central to determining the preemptive effect of the New York Convention: (1) What effect, if any, does the federal-state clause (Article XI) have on U.S. obligations under the Convention? (2) To what extent does Chapter Two of the FAA apply in state court? and (3) Is the New York Convention self-executing? Part II briefly sets out background information on the New York Convention and its implementation in the U.S. Part III describes three models of how an arbitration convention might be implemented: the “exclusive spheres” model, the “federal preemption” model, and the “access” model. Part IV analyzes the legal questions identified above and considers their implications for the models. Part V discusses the extent to which parties can contract out of the FAA and into state arbitration law. Finally, Part VI identifies some possible implications of this analysis and concludes.
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Belavusau, Uladzislau. "Hate Speech and Constitutional Democracy in Eastern Europe: Transitional and Militant? (Czech Republic, Hungary and Poland)." Israel Law Review 47, no. 1 (February 11, 2014): 27–61. http://dx.doi.org/10.1017/s0021223713000241.
Full textAbstract:
This article departs from the normative assumptions about the status of militant democracy in transitional countries, while drawing on the constitutional appraisal of free speech and non-discrimination in Central and Eastern Europe during the period 1990–2012. It explores two models (‘American’ and ‘European’) of legal engagement with hate speech, targeting this recurrent constitutional theme to trace the militant in the transitional discourse on freedom of expression. The study scrutinises the legislative framework and the adjudication of the higher courts (constitutional, supreme and appellate courts) in three selected countries of Central and Eastern Europe – the Czech Republic, Hungary and Poland – in an effort to address the dearth of literature in the English language on hate speech laws and policies in these jurisdictions. The author concludes that the discourse on transitional democracy in this post-communist constitutionalism has been substantially constructed as a form of militant democracy, despite some visible influence of the American free speech narrative.
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Robinson, Greg, and Peter Eisenstadt. "Two Dilemmas: Ralph Bunche and Hugo Black in 1940." Prospects 22 (October 1997): 453–78. http://dx.doi.org/10.1017/s0361233300000193.
Full textAbstract:
In february 1940, Howard University political scientist Ralph Bunche, acting in his capacity as chief research assistant to Gunnar Myrdal on the Carnegie Corporation's investigation of “the Negro problem” in America that resulted in the epochal study An American Dilemma (1944), interviewed U.S. Supreme Court Associate Justice Hugo Black on the subject of Southern race relations. Bunche included parts of the Black interview in “The Political Status of the Negro,” one of four lengthy manuscript memoranda he wrote for Myrdal's use. Although a few selections from the interview appeared in a condensation of the memorandum that was published posthumously, the full text remained in Bunche's papers and has never before been published. The full text is presented in the Appendix at the end of this essay. The dialogue between Bunche and Black, off the record and extremely candid, is extraordinary for the rare view it provides into the evolving attitudes on racial issues of two central figures in the debate over African-American civil rights during the 1940s and 1950s.
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Okoli, Chukwuma Samuel Adesina. "AASA: Locating the Central Administration of a Subsidiary Company Which Is Part of a Group of Companies under Article 60 of Brussels I Regulation." European Company Law 12, Issue 1 (February 1, 2015): 13–18. http://dx.doi.org/10.54648/eucl2015003.
Full textAbstract:
There is no definition of the term 'central administration' under Article 60(1)(b) of the Brussels I Regulation; and Article 60 of Brussels I does not make specific provisions for locating the central administration of a subsidiary company within a corporate group. English Courts in Anglo American South Africa Limited after a re-evaluation of the correctness of previous decisions by English judges, sought to apply the concept of central administration in a 'European way' to a subsidiary company within a corporate group.
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Ray, Julie M., Paola Sánchez-Martínez, Abel Batista, Daniel G. Mulcahy, Coleman M. Sheehy III, Eric N. Smith, R. Alexander Pyron, and Alejandro Arteaga. "A new species of Dipsas (Serpentes, Dipsadidae) from central Panama." ZooKeys 1145 (February 3, 2023): 131–67. http://dx.doi.org/10.3897/zookeys.1145.96616.
Full textAbstract:
A new species of Dipsas Laurenti, 1768, from Central Panama is described based on molecular analyses, hemipenial morphology, and external characters. This is the sixth species of Dipsas to be described for the country; the snake has been suspected to exist since 1977 and has not been thoroughly studied until now. Additionally, morphological comparations including scale counts are done with other species within the genus, and the current geographic distribution of Dipsas temporalis (Werner, 1909), the sister species, is updated. Finally, a key to the species of Dipsas currently known from Middle America is presented.
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Abel, Richard L. "The Fate of Liberal Democracy under Donald Trump." Verfassung in Recht und Übersee 55, no. 4 (2022): 505–27. http://dx.doi.org/10.5771/0506-7286-2022-4-505.
Full textAbstract:
The Trump administration directly attacked and indirectly subverted liberal democracy in many ways. This article describes several pivotal attacks and evaluates the efficacy of efforts to defend liberal democracy. It begins by analyzing how the administration continued to wage the US “war on terror,” contrasting its behavior with that of the Bush and Obama administrations with respect to indefinite detention in Guantánamo Bay, torture, electronic surveillance, civilian casualties, criminal prosecutions for terrorism, courts martial, military commissions, habeas corpus petitions, and civil liberties. Judicial decisions in civil liberties cases correlated significantly with the party of the appointing president in all three administrations, most strongly among those by Trump appointees. I then turn to two of Trump’s central preoccupations: immigration and the Russia investigation. Having based his 2016 campaign on demonizing immigrants, President Trump sought to execute his threats through executive orders and other actions. Almost all were struck down by courts in cases where judges divided along political lines, most dramatically in the Supreme Court. Frustrated by his inability to block the Mueller investigation into Russian interference in the 2016 election, Trump sought to intervene in the prosecutions of his underlings that emerged from that inquiry. He attacked the FBI, appointed a compliant Attorney General (who substituted his subordinates for independent prosecutors, changed sentencing recommendations and withdrew successful prosecutions), dangled the prospect of pardons to ensure the silence of the accused, and granted them after conviction. The central lesson of this appalling era of American history is that law is inescapably political. Where politicians appoint judges and government lawyers, the defense of liberal democracy ultimately rests on the ballot box.
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Withey, John C., and John M. Marzluff. "Dispersal by Juvenile American Crows (Corvus Brachyrhynchos) Influences Population Dynamics Across a Gradient of Urbanization." Auk 122, no. 1 (January 1, 2005): 205–21. http://dx.doi.org/10.1093/auk/122.1.205.
Full textAbstract:
Abstract American Crow (Corvus brachyrhynchos) populations are increasing across North America, often at high rates in urban areas. A monthly survey of American Crows in the Seattle Christmas Bird Count (CBC) circle suggested that winter counts reflected American Crow abundance at other times of the year, so we used CBC results for American Crows as a measure of population trend. In the Seattle area, local survival and fecundity appear unable to account for exponential population growth. We tested the hypothesis that juvenile dispersal from outlying suburban and exurban areas contributes to growth in the urban population by radiotagging 56 juveniles 5–46 km away from the central business district of Seattle and tracking their movements. Juvenile American Crows’ centers of activity were 0.2–22.2 km away from their natal territory during the first 3–12 months after fledging. An estimated 45% survived one year. Movements of dispersing American Crows varied in their consistency with simulated random-walk paths; the data suggested that, at the population level, American Crows were not drawn into urban areas, though some individuals may have been. Movements of dispersers produced a net influx into the city, because of greater reproductive success outside the city than in it. Simulations of urban population growth that included immigrants and emigrants accounted for most of the observed growth, which indicates the importance of distant suburban and exurban breeding pairs to urban population dynamics. La Dispersión de Juveniles de Corvus brachyrhynchos Influencia la Dinámica Poblacional a lo Largo de un Gradiente de Urbanización
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Frase, Richard S. "Sentencing Guidelines in American Courts: A Forty-Year Retrospective." Federal Sentencing Reporter 32, no. 2 (December 1, 2019): 109–23. http://dx.doi.org/10.1525/fsr.2019.32.2.109.
Full textAbstract:
This article updates the author’s previous survey of guidelines systems, published in this journal in 1999, and reviews what these reforms have and have not accomplished. Sentencing guidelines developed by an independent sentencing commission are currently being used in 17 states, the federal courts, and the District of Columbia. The majority of these systems have also replaced parole release discretion with defined good-time reductions for compliance with prison disciplinary rules and assigned prison programming, and this combination of sentencing and parole reform has been endorsed by the American Bar Association and the American Law Institute. The article summarizes and critiques the many variations among guidelines systems. Some relate to scope -- which crimes and sentencing issues are regulated; others concern design details – how the system actually works. The article identifies five central features of a well-designed guidelines system: a permanent, balanced, independent, and adequately funded sentencing commission; typical-case presumptive sentences and departure criteria; a hybrid sentencing theory that recognizes and harmonizes retributive and crime control purposes; balance between the competing benefits of rules and discretion; and sentence recommendations informed by resource and demographic impact assessments. Balance is also needed in terms of commission composition, and between the influence of the commission, the legislature, and case-level actors. But even if all of these features cannot be adopted, some form of structured sentencing is essential; completely discretionary sentencing is unacceptable. And in the past four decades, no competing structured sentencing model of comparable scope has been adopted or even seriously proposed.
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Ward Frampton, Thomas. "For Cause: Rethinking Racial Exclusion and the American Jury." Michigan Law Review, no. 118.5 (2020): 785. http://dx.doi.org/10.36644/mlr.118.5.cause.
Full textAbstract:
Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury reflects and reproduces racial hierarchies: massive racial disparities also pervade the use of challenges for cause. This Article examines challenges for cause and race in nearly 400 trials and, based on original archival research, presents a revisionist account of the Supreme Court’s three most recent Batson cases. It establishes that challenges for cause, no less than peremptory strikes, are an important—and unrecognized—vehicle of racial exclusion in criminal adjudication. Challenges for cause are racially skewed, in part, because the Supreme Court has insulated the challenge-for-cause process from meaningful review. Scholars frequently write that jury selection was “constitutionalized” in the 1970s and 1980s, but this doctrinal account is incomplete. In the interstices of the Court’s fair-cross-section, equal protection, and due process jurisprudence, there is a “missing” law of challenges for cause. By overlooking challenges for cause, scholars have failed to notice the important ways in which jury selection remains free from constitutional regulation. Challenges for cause as they exist today—effectively standardless, insulated from meaningful review, and racially skewed—do more harm than good. They hinder, more than help, the jury in its central roles: (1) protecting the individual against governmental overreach; (2) allowing the community a democratic voice in articulating public values; (3) finding facts; (4) bolstering the perceived legitimacy and fairness of criminal verdicts; and (5) educating jurors as citizens. We need to rethink who is qualified to serve as a juror and how we select them.
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Valencia, Richard R. "The Mexican American Struggle for Equal Educational Opportunity in Mendez v. Westminster: Helping to Pave the Way for Brown v. Board of Education." Teachers College Record: The Voice of Scholarship in Education 107, no. 3 (March 2005): 389–423. http://dx.doi.org/10.1177/016146810510700303.
Full textAbstract:
Few people in the United States are aware of the central role that Mexican Americans have played in some of the most important legal struggles regarding school desegregation. The most significant such case is Mendez v. Westminster (1946), a class-action lawsuit filed on behalf of more than 5,000 Mexican American students in Orange County, California. The Mendez case became the first successful constitutional challenge to segregation. In fact, in Mendez the U.S. District Court judge ruled that the Mexican American students’ rights were being violated under the equal protection clause of the Fourteenth Amendment. The decision was affirmed by the Ninth Circuit Court of Appeals. Although the Mendez case was never appealed to the U.S. Supreme Court, a number of legal scholars at that time hailed it as a case that could have accomplished what Brown eventually did eight years later: a reversal of the High Court's 1896 ruling in Plessy v. Ferguson, which had sanctioned legal segregation for nearly 60 years. Even though Mendez did not bring about the reversal of Plessy, it did lay some of the important groundwork for the landmark case that would. In this article, I use the lens of critical race theory to examine how Mendez and Brown were strongly connected and how Mendez served as a harbinger for Brown. This linkage can be captured in at least two ways. First, Mendez was a federal, Fourteenth Amendment case grounded in a theoretical argument—known as integration theory—that stresses the harmful effects of segregation on Mexican American students. Secondly, in order to make this Fourteenth Amendment argument, the attorneys in Mendez used social science expert testimony. Such testimony, grounded in similar theoretical arguments, proved very useful in Brown. For these reasons it is important to remember the role of Mexican Americans and the Mendez case, in particular, in the broader struggle for equal educational opportunity in the United States and appreciate how they helped pave the way for Brown v. Board of Education of Topeka.
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Kühn Baca, Werner Miguel. "The Draft Protocol on the Creation of the Court of Justice of Mercosur. A New Milestone in the Judicialisation of Regional Integration Law." Anuario Mexicano de Derecho Internacional 1, no. 17 (March 14, 2017): 405. http://dx.doi.org/10.22201/iij.24487872e.2017.17.11041.
Full textAbstract:
The present article contains a detailed analysis of the draft protocol on the creation of a court of justice of Mercosur. The analysis focuses on several institutional as well as procedural aspects, while putting the draft protocol in the general context of current supranational law. The objective is to demonstrate that the draft protocol must be regarded as the result of a sophisticated work of comparative law, which incorporates valuable legal contributions based on the experience gained in integration processes launched both in Europe and Latin America. In order to better explain where these legal contributions originate from, what they consist in, as well as to describe the current stage of evolution of regional economic integration in its supranational format, the analysis refers to the rules in force in the other integration systems, more specifically, the Andean Community, the Central American Integration System, the European Free Trade Association and the recently established Eurasian Economic Union
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Swengel, Scott R., and Ann B. Swengel. "Status and Trend of Regal Fritillary (Speyeria idalia) (Lepidoptera: Nymphalidae) in the 4th of July Butterfly Count Program in 1977–2014." Scientifica 2016 (2016): 1–10. http://dx.doi.org/10.1155/2016/2572056.
Full textAbstract:
Regal Fritillary (Speyeria idalia) primarily inhabits prairie, a native grassland of central North America, and occurs rarely in nonprairie grasslands further east. This butterfly has experienced widespread decline and marked range contraction. We analyze Regal Fritillary incidence and abundance during 1977–2014 in 4th of July Butterfly Counts, an annual census of butterflies in North America. Volunteers count within the same 24 km diameter circle each year. Only 6% of counts in range reported a Regal, while 18% of counts in core range in the Midwest and Great Plains did. 99.9% of Regal individuals occurred in core range. Only four circles east of core range reported this species, and only during the first half of the study period. All individuals reported west of its main range occurred in two circles in Colorado in the second half of the study. The number of counts per year and survey effort per count increased during the study. During 1991–2014, >31 counts occurred per year in core Regal range, compared to 0–23 during 1975–1990. During 1991–2014, all measures of Regal presence and abundance declined, most significantly. These results agree with other sources that Regal Fritillary has contracted its range and declined in abundance.
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Buergenthal, Thomas. "The Advisory Practice of the Inter-American Human Rights Court." American Journal of International Law 79, no. 1 (January 1985): 1–27. http://dx.doi.org/10.2307/2202661.
Full textAbstract:
The American Convention on Human Rights entered into force in 1978. To date, 18 OAS member states, out of 31, have ratified it. Included among the states parties to the Convention are all the Central American Republics as well as Panama, Mexico, the Dominican Republic and Haiti. The five Andean Pact nations have ratified, as have Jamaica, Barbados and Grenada. Argentina is the latest state to become a party; it did so on September 5, 1984, and thus became the first and, to date, only Southern Cone country to do so. The others—Chile, Paraguay and Uruguay—have not ratified; nor have Brazil, the United States, Suriname and a number of English-speaking Caribbean states.
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Bonkovsky, Frederick O. "Minority Minors and Moral Research Medicine." Cambridge Quarterly of Healthcare Ethics 6, no. 1 (1997): 39–47. http://dx.doi.org/10.1017/s0963180100007581.
Full textAbstract:
Treatment of sick children of Jehovah's Witness and Christian Scientist families at times presents significant dilemmas to American medicine and ethics, for modern healthcare professionals rely heavily on active treatment, and withholding of some treatments is a central religious tenet for Witnesses and Scientists. In important instances, physicians, nurses, ethicists, and courts may wish to set aside traditional religious beliefs and values when medical values support treatment to which adherents of these sects at times object.
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Pestritto, Ronald J. "CONSTITUTIONAL AND LEGAL CHALLENGES IN THE ADMINISTRATIVE STATE." Social Philosophy and Policy 38, no. 1 (2021): 6–24. http://dx.doi.org/10.1017/s0265052521000200.
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AbstractFollowing the Roosevelt administration’s implementation of New Deal programs in the 1930s, the federal courts began to interpret the Constitution in a way that accommodated the rise of the “administrative state,” and bureaucratic policymaking continues to persist as a central feature of American government today. This essay submits, however, that the three pillars supporting the administrative state—the congressional delegation of Article I powers to the executive branch, the combination of powers within individual administrative entities, and the insulation of administrators from political control—might be reconsidered by the courts in the near future. After showing that the constitutionality of the administrative state has come under recent judicial scrutiny, the essay turns to the administrative law principle of deference, and argues that a reassessment of the Chevron doctrine seems imminent. Finally, the essay examines federal courts’ heavy use of “hard look” review as a means of curtailing agency discretion during recent administrations, and concludes that this judicial practice stands in uneasy tension with republican principles.
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Rexand-Galais, Franck. "Humeurs sénescentes : la question narcissique dans le vieillissement." psychologie clinique, no. 48 (2019): 96–109. http://dx.doi.org/10.1051/psyc/20194896.
Full textAbstract:
Développée en premier par Balier (1976), la théorie du vieillissement narcissique constitue une clef de compréhension incontournable des enjeux psychopathologiques du vieillissement et de la question de l’humeur sénescente en particulier. Alors que l’abord contemporain (American Psychiatric Association, 2013) produit une mise en forme catégorielle des troubles de l’humeur toujours plus affinée qui est loin de correspondre aux spécificités de la sénescence (Batelaan et coll., 2012 ; Calvet et Clément, 2014), la théorie narcissique du vieillissement permet de restituer une cohérence explicative aux troubles du vieillissement en rendant compte de leurs liens. À travers sa prise en compte des larges conséquences des atteintes subies par le narcissisme au cours de la vieillesse, elle donne au narcissisme un rôle central dans le fonctionnement psychique sénescent. La reprise de la pensée de Balier à la lumière de ses sources (Kestemberg et Kestemberg, 1966) et des éclairages les plus contemporains (Beatson et coll., 2016) permet d’approfondir la théorie en la prolongeant et d’isoler une « désorganisation limite sénescente partagée » et ses différents destins. La prise en compte clinique de ce fonctionnement limite au cours du vieillissement et de son devenir est d’une importance centrale dans la prise en charge psychothérapeutique des troubles du vieillissement.
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Rogers, Jaret W., Ariel E. Cohen, and Lee B. Carlaw. "Convection during the North American Monsoon across Central and Southern Arizona: Applications to Operational Meteorology." Weather and Forecasting 32, no. 2 (February 13, 2017): 377–90. http://dx.doi.org/10.1175/waf-d-15-0097.1.
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Abstract This comprehensive analysis of convective environments associated with thunderstorms affecting portions of central and southern Arizona during the North American monsoon focuses on both observed soundings and mesoanalysis parameters relative to lightning flash counts and severe-thunderstorm reports. Analysis of observed sounding data from Phoenix and Tucson, Arizona, highlights several moisture and instability parameters exhibiting moderate correlations with 24-h, domain-total lightning and severe thunderstorm counts, with accompanying plots of the precipitable water, surface-based lifted index, and 0–3-km layer mixing ratio highlighting the relationship to the domain-total lightning count. Statistical techniques, including stepwise, multiple linear regression and logistic regression, are applied to sounding and gridded mesoanalysis data to predict the domain-total lightning count and individual gridbox 3-h-long lightning probability, respectively. Applications of these forecast models to an independent dataset from 2013 suggest some utility in probabilistic lightning forecasts from the regression analyses. Implementation of this technique into an operational forecast setting to supplement short-term lightning forecast guidance is discussed and demonstrated. Severe-thunderstorm-report predictive models are found to be less skillful, which may partially be due to substantial population biases noted in storm reports over central and southern Arizona.
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Ratner, Steven R. "Land, Island and Maritime Frontier Dispute (El Salvador/Honduras), Application to Intervene." American Journal of International Law 85, no. 4 (October 1991): 680–86. http://dx.doi.org/10.2307/2203274.
Full textAbstract:
In this case before a Chamber of the International Court of Justice, El Salvador and Honduras, by a Special Agreement dated May 24, 1986, requested that the Chamber delimit the land frontier and determine the legal status of certain islands and waters in the general area of the Gulf of Fonseca. The gulf, located on the Pacific coast of Central America, is bordered by El Salvador, Honduras and Nicaragua. Nicaragua filed an application for permission to intervene in the case on November 17, 1989, pursuant to Article 62 of the Statute of the Court, which permits a state to request intervention if the state considers “that it has an interest of a legal nature which may be affected by the decision in the case.”
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Donnelly, Maureen A., and Jay M. Savage. "Variation and systematics in the colubrid snakes of the genus Hydromorphus." Amphibia-Reptilia 9, no. 3 (1988): 289–99. http://dx.doi.org/10.1163/156853888x00378.
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Newly collected material (26 specimens) of the snake genus Hydromorphus substantially extends the known variation in cephalic plates, chin shields, mental groove development, segmental counts and colouration. Variation in head shield seems to be associated with the semi-aquatic habits of these snakes. Variation in chin shields and a tendency for reduction of the mental groove may reflect a shift in diet from large to small prey items. Hydromorphus clarki Dunn, 1942, is placed in the synonymy of Hydromorphus concolor Peters, 1859; Hydromorphus dunni Slevin, 1942, from southwestern Panama is considered a valid species; H. concolor is recorded from Guatemala for the first time and ranges from there southward through Central America to central Panama. The latter species is oviparous.
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Chiao, Vincent. "Ex ante Fairness in Criminal Law and Procedure." New Criminal Law Review 15, no. 2 (2012): 277–332. http://dx.doi.org/10.1525/nclr.2012.15.2.277.
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In Furman v. Georgia, the United States Supreme Court announced that it would not tolerate a capital sentencing regime that imposed death sentences in a seriously arbitrary fashion. The question I ask in this paper is whether we should in fact object to arbitrariness in punishment. The answer I propose is that under plausibly adverse conditions, we might not object to arbitrary penal outcomes, because under those conditions a fair distribution of punishment would be one that equalizes chances across a class of similarly situated criminals. In particular, fairness may require no more than a rough equalization of ex ante chances under conditions of resource scarcity, an inability to rank claims reliably by comparative desert, and a pressing need for punishment to be imposed. I call this an ex ante theory of fairness. The central virtue of ex ante fairness is that it is capable of reconciling parsimony in punishment with equity in its distribution, even when claims about who deserves what are deeply contested. Adopting an ex ante standard of fairness means that a concern for fair treatment of the guilty need not blind us to the realities of the severe resource constraints faced by American criminal justice, and vice versa. After laying out the argument for ex ante fairness in general terms, I proceed to show how several prominent features of American criminal law and procedure—the Supreme Court’s capital jurisprudence, prosecutorial discretion, judicial sentencing discretion, and “strict” criminal liability—all exhibit an implicit commitment to an equalization of chances rather than of outcomes.
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Alviar-García, Helena, and Laura Betancur-Restrepo. "International Law and Transitional Justice: Exploring Some Challenges Through the Colombian Case." AJIL Unbound 116 (2022): 302–6. http://dx.doi.org/10.1017/aju.2022.49.
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Latin America has always been central to the configuration, interpretation, and operation of the field of transitional justice. Starting in the late 1980s with contributions from scholars interested in democratic transitions after dictatorships in the Southern Cone, the 1996 signing of the Peace Agreement in Guatemala, and the Truth Commission in Peru, to the more recent case of Colombia, Latin American academics and activists have contributed significantly to the theory and practice of transitional justice. This essay explores a question central to recent transitional justice processes: the interaction and possible contradictions between the aim of ending a violent internal conflict and the demands imposed by international law. Colombia serves as an example. The Colombian case is informed by all previous experiences, but it is also novel because it is the first transitional justice process established in the region since the establishment of the International Criminal Court. Although the Colombian process is still being implemented and it is too early to claim its success or failure, the case offers important insights into the tense, complex, and overarching interactions between international law, internal peace, and transitional justice. This essay explores how local and external actors involved in negotiating and implementing the agreement presented international law as if it were univocal and universal, as if there were no competing interpretations within the discipline, and as if it were neutral in relation to local political discussions. Building upon this analysis, the goal is to shed light upon the ideological uses of international law.
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Barnes, Jeb. "In Defense of Asbestos Tort Litigation: Rethinking Legal Process Analysis in a World of Uncertainty, Second Bests, and Shared Policy‐Making Responsibility." Law & Social Inquiry 34, no. 01 (2009): 5–29. http://dx.doi.org/10.1111/j.1747-4469.2009.01137.x.
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A central question in American policy making is when should courts address complex policy issues, as opposed to defer to other forums? Legal process analysis offers a standard answer. It holds that judges should act when adjudication offers advantages over other modes of social ordering such as contracts, legislation, or agency rule making. From this vantage, the decision to use common law adjudication to address a sprawling public health crisis was a terrible mistake, as asbestos litigation has come to represent the very worst of mass tort litigation. This article questions this view, arguing that legal process analysis distorts the institutional choices underlying the American policy‐making process. Indeed, once one considers informational and political constraints, as well as how the branches of government can fruitfully share policy‐making functions, the asbestos litigation seems a reasonable and, in some ways, exemplary, use of judicial power.
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Iqbal, Moch. "ASPEK HUKUM CLASS ACTION DAN CITIZEN LAW SUIT SERTA PERKEMBANGANNYA DI INDONESIA." Jurnal Hukum dan Peradilan 1, no. 1 (March 30, 2012): 89. http://dx.doi.org/10.25216/jhp.1.1.2012.89-112.
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The assertion aspects and Citizen Law Class Action Law Suit in fact has been recognized and accepted by the Judge and Judicial us, this condition affirmed the issuance of the Supreme Court of Indonesia Regulation Number I of 2002. Legal Breakthrough Central Jakarta District Court that receive and examine claims has increased the belief of justice seekers denganadanya decisions on a lawsuit aqua. However, it must be recognized that in the particular jurisdiction in Indonesia, based on research results Research Center of Law and Justice of the Supreme Court still found many judges who do not understand the legal aspects of handling and class action law suit and the citizen. Characteristics of the class action lawsuits and citizen law suit is necessary shared understanding of both the Judge and the community as a plaintiff; To understand the uniqueness of this lawsuit we all need to do a comparison on other countries that have implemented first lawsuit is like America, Canada etc. Keywords: Aspects of Law, Class Action, Citzen Law Suit
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Person, Anna K., Fernanda Maruri, Ellen Brazier, Juan G. Sierra Madero, Vanessa Rouzier, Gabriela Carriquiry, Vivian I. Avelino-Silva, et al. "475. Describing the impact of the COVID-19 pandemic on HIV care in Latin America." Open Forum Infectious Diseases 7, Supplement_1 (October 1, 2020): S303—S304. http://dx.doi.org/10.1093/ofid/ofaa439.668.
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Abstract Background The effects of the COVID-19 pandemic on people living with HIV (PWH) are unknown. Beyond SARS-CoV-2 co-infection, the pandemic may have devastating consequences for HIV care delivery. Understanding these is crucial as reduced antiretroviral therapy (ART) availability alone could lead to ≥500,000 AIDS-related deaths in 2020–2021. With Latin America now a focal point in the pandemic, we sought to describe the impact of COVID-19 on HIV care at Latin American clinical sites. Methods Caribbean, Central and South America network for HIV epidemiology (CCASAnet) and additional Brazilian HIV care sites in Argentina, Brazil, Chile, Haiti, Honduras, Mexico, and Peru were included. An electronic survey of COVID-19 effects on HIV clinic operations was administered in Spanish or English via phone and email, April 28-June 2, 2020. We also compared national COVID-19 case, mortality, and policy data from public sources. Results Brazil’s and Mexico’s epidemics appear most pronounced, with >10,000 confirmed COVID-19-related deaths (Figure 1); countries implemented “social distancing” policies at different times after initial cases, with Haiti earliest and Mexico latest (Figure 2). Nearly all 13 sites reported decreased hours and providers for HIV care. Twelve of 13 reported increased use of telehealth, suspension/postponements of routine HIV appointments, and/or suspension of HIV research. Eleven of 13 reported initiation of new COVID-19 research but suspension of community HIV testing, and nearly half provided additional ART supplies. Nearly 70% reported impacts on HIV viral load testing and nearly 40% reported personal protective equipment stock-outs (Table). All 13 sites experienced changes in resources/services in tandem with national policies; there was wide variation, however, in the number of economic and health supports implemented thus far (e.g., quarantines, tax deferrals, interest rate reductions, etc.), from 172 COVID-19-related policies in Brazil to only 30 in Mexico. Table Site Assessment of Impacts of the COVID-19 Pandemic on HIV services in Latin America at CCASAnet and Coorte Sites, N=13 Figure 1. Cumulative mortality due to COVID-19 in countries within which CCASAnet and Coorte sites are located Figure 1 footnote: Source for mortality counts: the WHO COVID-19 Dashboard, available at: https://covid19.who.int/ All data were up-to-date as of, and were accessed on, June 17th, 2020 Figure 2. Cumulative cases of COVID-19 in countries within which CCASAnet and Coorte sites are located and dates (relative to the day on which the first positive case of COVID-19 was detected) of general social distancing, public health emergency, or mass quarantine policy introduction (vertical dashed lines), 2020 Figure 2 footnote: Source for case counts: the WHO COVID-19 Dashboard, available at: https://covid19.who.int/ Source for health policy implementation: the United Nations Economic Council for Latin America & the Caribbean, available at: https://cepalstat-prod.cepal.org/forms/covid-countrysheet/index.html All data were up-to-date as of, and were accessed on, June 17th, 2020 Conclusion The COVID-19 pandemic has already had a substantial effect on daily operations of HIV clinics in Latin America. The downstream effects of these impacts on HIV outcomes in Latin America will need to be further studied. Disclosures All Authors: No reported disclosures
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Semple, John C., Jie Zhang, Rachel E. Cook, and Bambang Agus Suripto. "Cytogeography of the Solidago rugosa Mill. Complex (Asteraceae: Astereae) in Eastern North America." Taxonomy 1, no. 4 (October 14, 2021): 290–301. http://dx.doi.org/10.3390/taxonomy1040023.
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Chromosome numbers are reported here for the first time from 117 individuals of Solidago rugosa and S. fistulosa. Including 178 previously published reports for the two species plus S. latissimifolia, chromosome numbers have been determined from 295 individuals from 269 locations. Only diploids (2n = 18) were found throughout the range of S. fistulosa on the coastal plain in the eastern U.S.A. (44 counts). Diploids (2n = 18) were found in the northern portion of the range of S. latissimifolia, and tetraploids (2n = 36) and hexaploids (2n = 54) were found in the central and southern portions of the range (nine counts in total). Diploids (2n = 18) were found throughout the range of S. rugosa in much of eastern North America in four of the five varieties (northern var. rugosa, var. sphagnophila; southern var. aspera and var. celtidifolia). Tetraploids (2n = 36) were found in all four of these varieties and exclusively in var. cronquistiana in the southern high Appalachian Mountains. Hexaploids (2n = 54) were found in var. sphagnophila at scattered locations. One possible hexaploid in var. rugosa was found in the Allegheny Mountains. The diversity in ploidy levels was independent of the size of the range and the diversity of growing conditions among the three species of S. subsect. Venosae.