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(WASHINGTON D.C., 1/20/2022) - The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today condemned a French law that could ban Muslim athletes from wearing hijabs, or Islamic headscarves at the 2024 Paris Olympics.
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A Precedent-Based Critique of Legal Positivism by Benjamin C. Zipursky, John C. P. Goldberg :: SSRNThe doctrine of vertical precedent requires that courts, except for a jurisdiction’s highest court, must follow an on-point precedent or distinguish it. Lawyers
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Does Choice of Law Matter? by Michael Douglas :: SSRNWe ought to rethink how we understand the conflict of laws in Australia with respect to forum statutes. This is an important issue: the proper treatment of ambi
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The Rule of Law in Judicial Review Today by Mark Mancini :: SSRNIn the Supreme Court's renewal of the standards of judicial review in Vavilov, it held that the legislature can stipulate the standard of review within the limi
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Sources of Law in Continental Analytical Jurisprudence by Mathieu Carpentier, Torben Spaak :: SSRN
Carpentier, Mathieu and Spaak, Torben, Sources of Law in Continental Analytical Jurisprudence (March 16, 2022). Forthcoming in L. Burazin, M.S. Green & G. Pino (eds.), Jurisprudence in the Mirror (Oxford University Press), Available at SSRN: https://ssrn.com/abstract=4059278
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Introducing Independence to the Foreign Intelligence Surveillance Court by Simon Chin :: SSRN
The Foreign Intelligence Surveillance Court (FISC), which reviews government applications to conduct surveillance for foreign intelligence purposes, is an anoma
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Gaming Certiorari by Aaron L. Nielson, Paul J. Stancil :: SSRN
Just how “supreme” is the Supreme Court? By most accounts, the Supreme Court sits atop of the nation’s judicial hierarchy and—at least among judges—has the last
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The Constitutional Injunction and Jurisdictional Error by Jonathan Tjandra :: SSRN
This Article argues that the injunction in s 75(v) of the Constitution available to restrain government action that is unlawful but does not amount to jurisdict
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Facebook v. Bundeskartellamt – May European Competition Agencies Apply the GDPR? by Anne Witt :: SSRN
The relationship between privacy and competition law is complex and contentious. May or should compe- tition agencies consider business conduct’s negative impac
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The Politics of Constitutional Rights by Adam Chilton, Mila Versteeg :: SSRNSince World War II, the median number of rights enshrined in national constitutions has more than doubled. Because scholars have largely cheered on this develop
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Is Roe the New Miranda? by Xiao Wang :: SSRNRoe v. Wade and Miranda v. Arizona are among the most notable decisions handed down by the Supreme Court. Issued less than a decade apart, these two opinions ar
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A World Without Roe: The Constitutional Future of Unwanted Pregnancy by Julie C. Suk :: SSRNWith the erosion and potential demise of Roe v. Wade, the survival of abortion access in America will depend on new legal paths. In the moment that the law has
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The Russian Invasion of Ukraine: Navigating Aggression's Fragmented Justice Landscape by Gregory S. Gordon, Giovanni Chiarini :: SSRNIn this essay, we examine the International Criminal Court (ICC) Prosecutor’s preliminary examination of war crimes and crimes against humanity related to Russi
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How Culture Impacts Courtrooms: An Empirical Study of Alienation and Detachment in the Cook County Court System by Maria Hawilo, Kat Albrecht, Thomas F. Geraghty, Meredith Rountree :: SSRNCourtrooms operate as unique microcosms—inhabited by courtroom personnel, legal actors, defendants, witnesses, family members, and community residents who neces
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How Was the 'Rule of Law' Dismantled in Poland and What Does It Mean for the EU? by Barbara Grabowska-Moroz :: SSRNThe paper analyses how the rule of law backsliding in Poland led to the decision of the Polish CT of 7 October 2021 (K 3/21). First of all, in post-2015 Poland
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Constitution Makers on Constitution-Making by Tom Ginsburg, Sumit Bisarya :: SSRN
Constitution-making has changed dramatically in recent decades. Compared with constitutional processes in earlier eras, we observe the increasing role of the in
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Legislative Elections in France: A Choice Between More Presidentialism or More Parliamentarism —Marie GREN Since 1962, constitutional artwork by General De Gaulle and his acolytes opened yet another era of hyper-concentration of powers in the hands of the executive in France. Bypassing the formal constitutional path for revision (set out in article 89 of the Constitution of 1958), an…
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From the Reference Desk: Are Legal Systems Converging?By Jonathan Pratter The question in the title is not new. It is almost as old as comparative law itself. The answer to it matters to FCIL librarians. It has an effect on the general approach to FCIL research and it influences the way we teach FCIL research.
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The Court of Justice of the EU goes (almost) public –Since the entry into force of the Lisbon Treaty, the CJEU – like any other EU institution – is set, under the principle of openness, “to conduct [its] work as openly...
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HCCH Monthly Update: April 2022 –Conventions & Instruments On 8 April 2022, the Kingdom of Saudi Arabia deposited its instrument of accession to the HCCH Apostille Convention.The Convention will enter into force for Saudi Ara…...
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Comment les partis gagnent (ou perdent) des millions aux législatives ?Dures, dures, les négociations de la gauche pour une alliance aux législatives ! Il aura fallu cinq jours depuis que la présidentielle a rendu son verdict pour résoudre les nombreuses divergences de f
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Need to Translate RSS Feeds? It’s Easy with IFTTT and This Google Apps Script – via @cridEarlier this week I wrote an article about finding and previewing foreign-language RSS feeds using a Google Sheet I made, the RSSinator. That's useful but it doesn't answer an obvious question: how do you translate foreign-language RSS feeds on an ongoing basis? When I researched methods to do this, I quickly hit a money wall. Zapier,…
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Constitution Makers on Constitution-Making by Tom Ginsburg, Sumit Bisarya :: SSRNConstitution-making has changed dramatically in recent decades. Compared with constitutional processes in earlier eras, we observe the increasing role of the in
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The Transatlantic Dimension of the Judicial Protection of Fundamental Rights Online by Oreste Pollicino :: SSRN
This article underlines the role of courts in ensuring the protection of fundamental rights in the digital environment. In particular, the focus will be on the
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Data Protection by Definition – Report on the Law of Data Disclosure in Japan by Timo Hoffmann :: SSRN
This report deals with Japanese data law within the framework of a comparative study from legal studies, cultural studies and business informatics, which aims t
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Constitution Makers on Constitution-Making by Tom Ginsburg, Sumit Bisarya :: SSRNConstitution-making has changed dramatically in recent decades. Compared with constitutional processes in earlier eras, we observe the increasing role of the in
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