Reshaping Foreign Policy 1946
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Conclusions 256
Themis v. Xiezhi: Assessing Judicial Independence in the People's Republic of China under International Human Rights Law Grimheden, Jonas 2004 Link to publication Citation for published version (APA): Grimheden, J. (2004). Themis v. Xiezhi: Assessing Judicial Independence in the People's Republic of China under International Human Rights Law. Jonas Grimheden, [email protected]. Total number of authors: 1 General rights Unless other specific re-use rights are stated the following general rights apply: Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Read more about Creative commons licenses: https://creativecommons.org/licenses/ Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. LUND UNIVERSITY PO Box 117 221 00 Lund +46 46-222 00 00 THEMIS V. XIEZHI: ASSESSING JUDICIAL INDEPENDENCE IN THE PEOPLE’S REPUBLIC OF CHINA UNDER INTERNATIONAL HUMAN RIGHTS LAW BY JONAS GRIMHEDEN ii © Jonas Grimheden Printed on Munken from Arctic Paper Printed by Intellecta DocuSys Lund 2004 ISBN: 91-974734-2-1 iii Overview of Table of Contents OVERVIEW OF TABLE OF CONTENTS iii TABLE OF CONTENTS iv TABLE OF CHARTS vii ABSTRACT viii ABSTRACT IN CHINESE ix PREFACE xi ACRONYMS AND GLOSSARY xv INTRODUCTION 3 JUDICIAL INDEPENDENCE..........................................................................20 I. -
The Remand Power and the Supreme Court's Role
Notre Dame Law Review Volume 96 Issue 1 Article 4 11-13-2020 The Remand Power and the Supreme Court's Role Aaron-Andrew P. Bruhl Associate Dean for Research and Faculty Development and Rita Anne Rollins Professor of Law, William & Mary Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Courts Commons, and the Litigation Commons Recommended Citation 96 Notre Dame L. Rev. 171 (2020) This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\96-1\NDL104.txt unknown Seq: 1 5-NOV-20 8:34 THE REMAND POWER AND THE SUPREME COURT’S ROLE Aaron-Andrew P. Bruhl* “Reversed and remanded.” Or “vacated and remanded.” These familiar words, often found at the end of an appellate decision, emphasize that an appellate court’s conclusion that the lower court erred generally does not end the litigation. The power to remand for further proceed- ings rather than wrap up a case is useful for appellate courts because they may lack the institu- tional competence to bring the case to a final resolution (as when new factual findings are necessary) or lack an interest in the fact-specific work of applying a newly announced legal standard to the particular circumstances at hand. The modern Supreme Court has carried the power to remand rather far, vacating and remanding in some cases in which it is unclear whether the lower court erred in any respect. -
Reassessing the Avoidance Canon in Erie Cases Bernadette Bollas Genetin
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals June 2015 Reassessing the Avoidance Canon in Erie Cases Bernadette Bollas Genetin Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Civil Procedure Commons, Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation Genetin, Bernadette Bollas (2011) "Reassessing the Avoidance Canon in Erie Cases," Akron Law Review: Vol. 44 : Iss. 4 , Article 5. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol44/iss4/5 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Genetin: Erie, Federal Rules and the Avoidance Canon 10-GENETIN_44.4_8.7.11_DONE-9.2.11.DOCM 9/12/2011 8:43 AM SYMPOSIUM: ERIE UNDER ADVISEMENT: THE DOCTRINE AFTER SHADY GROVE REASSESSING THE AVOIDANCE CANON IN ERIE CASES Bernadette Bollas Genetin* I. Introduction ..................................................................... 1067 II. Avoidance in Enabling Act Cases ................................... 1078 A. The Substantive Rights Limitation of the REA ........ 1079 B. The Avoidance Canon in Erie’s Pre-Hanna Cases ... 1082 C. The Avoidance Canon in Post-Hanna Cases ............ 1093 III. The Shady Grove Debate Regarding Avoidance in REA Cases ............................................................................... -
State Constitutions in the Federal System: Selected Issues And
Advisory Commission on Intergovernmental Relations July 1989 Constitutions Selected Issues and Opportunities for State Initiatives Preface The following study of state constitutional law governments during the Revolutionary War and the examines a vital aspect of the reinvigoration of the period of Confederation. The U.S. Constitution, states in our federal union. The study also comple- therefore, is one of limited, delegated powers. The ments ACIR's pathbreaking report State Constitu- state constitutions encompass, in principle if not now tional Law: Cases and Materials (1988). In addition, in practice, the many fundamental powers of govern- this study sheds light on several issues that have been ance that have been reserved to the states and to the examined in various ways by the U.S. Advisory Com- people by the Tenth Amendment to the U.S. Consti- mission on Intergovernmental Relations during the tution. The erosion of these inherent state powers by past three decades, especially balance in the federal an imperial vision of federal constitutional law system, the constitutional integrity of federalism, the threatens the very foundation of the federal system. strengthening of state capabilities, and the sorting The U.S. Constitution does not replace state consti- out of responsibilities in the federal system. tutions; instead, it supplements those constitutions The American federal system rests on two consti- by providing for constitutional governance nation- tutional pillars: the 50 state constitutions and the wide on matters of general public interest and, in so United States Constitution. Metaphorically speak- doing, protects the states as co-sovereign constitu- ing, if one or the other pillar is cut down in size or tional polities and guarantees each state a republican raised too high, then the federal system becomes un- form of government. -
Avoiding Constitutional Questions Lisa A
Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1994 Avoiding Constitutional Questions Lisa A. Kloppenberg Santa Clara University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Recommended Citation 35 B.C. L. Rev. 1106 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. BOSTON COLLEGE LAW REVIEW VOLUME XXXV SEPTEMBER 1994 NUMBER 5 AVOIDING CONSTITUTIONAL QUESTIONSt LISA A. JKLOPPENBERG* I. RECENT CONSTRUCTION OF THE LAST RESORT RULE ... 1106 I1. HISTORICAL DEVELOPMENT OF THE AVOIDANCE DOCTRINE .................................... 1011 A. The Avoidance Doctrine in Ashwander .............. 1012 1. The Plurality's Decision ...................... 1013 2. The Reasoning of the Concurrence ............ 1014 3. 'The practice in constitutional cases" .......... 1015 a. Rules Related to Article Lff Requirements......... 1018 b. Rules Reflecting Largely PrudentialConcerns ...... 1023 B. The "Last Resort Rule" .......................... 1025 1. The First Application ........................ 1025 2. Brandeis' Second Application of the "Last Resort Rule" .... ................................... 1027 Il-. IMPLEMENTATION OF THE LAST RESORT RULE ......... 1027 IV. JUSTIFICATIONS FOR THE LAST