Michigan State international law review最新文献_第2页

Civil Procedure’s Five Big Ideas 民事诉讼的五大理念

Michigan State international law review Pub Date : 2016-06-20 DOI: 10.2139/SSRN.1887084

K. Clermont

引用次数: 0

Three 3Ls, Kairos, and the Civil Right to Counsel in Domestic Violence Cases 三个3l，凯洛斯，以及家庭暴力案件中的民事律师权利

Michigan State international law review Pub Date : 2016-03-10 DOI: 10.7282/T3KH0QM9

R. Robbins

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引用次数: 0

Helping Afghanistan's Informal Dispute Resolution Systems Follow Afghan Law in Criminal Matters: What Afghanistan Can Learn from Native American Peacemaking Program 帮助阿富汗的非正式争端解决系统在刑事问题上遵循阿富汗法律:阿富汗可以从美洲土著和平方案中学到什么

Michigan State international law review Pub Date : 2016-01-10 DOI: 10.2139/SSRN.2713457

Ghazi Hashimi

{"title":"Helping Afghanistan's Informal Dispute Resolution Systems Follow Afghan Law in Criminal Matters: What Afghanistan Can Learn from Native American Peacemaking Program","authors":"Ghazi Hashimi","doi":"10.2139/SSRN.2713457","DOIUrl":"https://doi.org/10.2139/SSRN.2713457","url":null,"abstract":"Informal dispute resolution is common in rural areas of Afghanistan because of a general lack of access to or inefficiency of the formal mechanisms in those areas. While the Afghan informal dispute resolution systems have been known to resolve some criminal cases in ways that violate human rights or deviate sharply from Afghan formal law, it can be possible to minimize these practices while taking advantage of some of the strengths that informal dispute resolution offers. This paper argues that some Native American Tribal justice systems could serve as helpful models for the Afghan approach to informal justice because they offer effective informal dispute resolution and peacemaking systems that are consistence with the formal justice system and generally do not violate human rights. Accordingly, this paper begins with an introduction to informal dispute resolution mechanisms in both Afghanistan and selected Native American Tribal systems, elaborating on the interaction between the informal and official state law in these various systems. Next, it describes the failed attempts of the Afghan central authority to rule in the informal justice systems and integrate them into the formal legal structure. Then the paper will provide possible solutions which would include coordination between the formal and informal justice systems, monitoring of the cases within the informal system, including important criminal cases such as honor killing, theft, rape, and serious injury by members of the official system including provincial governor, district governor, and other law enforcement institutions. Finally, this paper offers some suggestions for how to respond once the monitoring bodies identify violations of human rights and Afghan law.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"108 1","pages":"77"},"PeriodicalIF":0.0,"publicationDate":"2016-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84141185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

EBOLA: A PUBLIC HEALTH AND LEGAL PERSPECTIVE. 埃博拉:公共卫生和法律视角。

Michigan State international law review Pub Date : 2016-01-01

Melissa Markey, Montrece M Ransom, Gregory Sunshine

引用次数: 0

EMERGENCY DECLARATIONS AND TRIBES: MECHANISMS UNDER TRIBAL AND FEDERAL LAW. 紧急声明和部落:部落法和联邦法下的机制。

Michigan State international law review Pub Date : 2015-12-25 DOI: 10.31228/osf.io/6f8ce

Gregory Sunshine, Aila Hoss

引用次数: 1

The Legitimacy of Comparative Constitutional Law: A Modal Evaluation 比较宪法的合法性:一种模态评价

Michigan State international law review Pub Date : 2015-07-12 DOI: 10.2139/SSRN.2629902

B. Silverman

{"title":"The Legitimacy of Comparative Constitutional Law: A Modal Evaluation","authors":"B. Silverman","doi":"10.2139/SSRN.2629902","DOIUrl":"https://doi.org/10.2139/SSRN.2629902","url":null,"abstract":"In recent years, there has been intense debate — within the judiciary, academia, the press, even Congress — over the legitimacy of using foreign law in American courts. This question cannot be answered, however, unless one knows what the relevant criteria for constitutional legitimacy are. By what standards should we decide whether it is appropriate for American courts to cite foreign law in their decisions? Before we can figure out whether it is constitutionally proper for American courts to use foreign law, we need to first agree on what makes something constitutionally proper. In a pair of path-breaking books, Constitutional Fate: Theory of the Constitution and Constitutional Interpretation, Philip C. Bobbitt offers a modal approach to constitutional argument, presenting six different types, or modalities, through which constitutional discourse is channeled. This Article will attempt to evaluate the legitimacy of the practice of comparative constitutional law by American courts through modal lenses. It will ask one question — is it legitimate for our judges to cite foreign law? — six times, each time analyzing it within a particular modal framework; textual, historical, structural, doctrinal, prudential, and ethical. Using those methodological tools, it will provide one answer.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"9 1","pages":"307"},"PeriodicalIF":0.0,"publicationDate":"2015-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73867291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mixed Signals on Summary Judgment 关于即决判决的混杂信号

Michigan State international law review Pub Date : 2015-06-03 DOI: 10.2139/SSRN.2477915

H. Wasserman

引用次数: 0

Coercing Compliance with the ICC: Empirical Assessment and Theoretical Implications 强迫遵守国际商会:实证评估与理论意义

Michigan State international law review Pub Date : 2015-05-16 DOI: 10.2139/SSRN.2607099

Marco Bocchese

引用次数: 2

Human Rights or the Rule of Law — The Choice for East Africa? 人权还是法治——东非的选择?

Michigan State international law review Pub Date : 2015-03-06 DOI: 10.2139/SSRN.2574823

C. Stern

{"title":"Human Rights or the Rule of Law — The Choice for East Africa?","authors":"C. Stern","doi":"10.2139/SSRN.2574823","DOIUrl":"https://doi.org/10.2139/SSRN.2574823","url":null,"abstract":"The world over, what political cause is celebrated more than human rights? The rule of law, perhaps. These two noble and important objects of civil government — both valued as of inestimable worth these days — usually are complementary. Human rights are insecure without the rule of law to protect them, and what human right is more fundamental than the right to be treated in accordance with the law and not the whim of the mighty? Human rights and the rule of law seem to stand together. How then, when human rights and the rule of law stand opposed, and in circumstances where they most need each other’s mutual support and meet opposition enough from other forces?It is the thesis of this article that in East Africa human rights and the rule of law very likely stand opposed and cannot coexist. To be sure, some human rights can coexist with some notion of the rule of law in East Africa, as elsewhere. But for East Africa to play host to the full panoply of human rights as commonly supported by the international community and endorsed by East African nations themselves, and at the same time to play host to a rigorous practice of the rule of law, appears to be something that simply cannot be done.The argument of this article is straightforward. Part I describes the rule of law, its importance, and (briefly) its treatment in East Africa. Part II describes human rights, their two major divisions, and (briefly) their treatment in East Africa. Part III explains how the rule of law and human rights collide in East Africa. Part IV, the conclusion, suggests that this collision is the result of an extravagant Western imperialism that has helped deprive East Africa both of human rights and of the rule of law.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"4 1","pages":"45"},"PeriodicalIF":0.0,"publicationDate":"2015-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82021788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

What’s New in the Network Neutrality Debate 网络中立辩论的新动向

Michigan State international law review Pub Date : 2014-09-26 DOI: 10.2139/SSRN.2502122

R. Frieden

{"title":"What’s New in the Network Neutrality Debate","authors":"R. Frieden","doi":"10.2139/SSRN.2502122","DOIUrl":"https://doi.org/10.2139/SSRN.2502122","url":null,"abstract":"For over ten years, academics, practitioners, policy makers, consumers and other stakeholders have debated whether and how governments should regulate the Internet with an eye toward promoting accessibility, affordability and neutrality. This issue has triggered grave concerns about the Internet’s ability to continue generating substantial and widespread benefits. Advocates for various outcomes have vastly different assessments about many baseline subjects including the viability of sustainable competition and self-regulation. Consumers become agitated and confused by different framing of the issues, particularly when participants in the Internet ecosystem cannot reach closure on interconnection and compensation issues. Increasingly these disputes trigger temporary degradation in service leaving consumers unclear why they cannot view “must see” video content free of congestion.This paper will report on how the network neutrality/open Internet debate persists with an eye toward identifying new problems and opportunities for resolution. The paper concludes that developments in the Internet ecosystem will trigger more conflicts in the near term. Increasingly the Internet has become the primary broadband medium for information, communications and entertainment (“ICE”), including an ever increasing torrent of bit streams running from the Internet cloud downstream to individual subscribers served by “retail” Internet Service Providers (“ISP”) that install so-called first and last mile connections. Growing reliance on the Internet to deliver bandwidth intensive content to multiple screens has triggered more disputes on the technical way to interconnect networks as well as the financial compensation owed. How quickly parties can resolve their disputes will have a profound impact on whether governments need to intervene to ensure robust networks capable of accommodating ever increasing demand.","PeriodicalId":18488,"journal":{"name":"Michigan State international law review","volume":"6 1","pages":"739"},"PeriodicalIF":0.0,"publicationDate":"2014-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89583972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6