... Court Activism, the Public Interest, andthe Making of Constitutional Law l a r ry yac k l e the university of chicago press chicago and london larry yackle is professor oflawandthe Basil Yanakakis ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the ... endorsement ofthe divine and hereditary right of English kings to rule, his promotion of accumulated wealth in the hands ofthe few, and above all his disdain for common people and for the idea of government...
... engaged in the rationalisation and modernisation ofthe criminal law On the other hand, they bear responsibility to interrogate the problems ofthe law, and to seek to understand its inherent ... ofthe accused; the widening boundaries ofthe criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and ... some ofits own moral standing in the matter of redressing wrongs Under the older welfare-liberal model ofthe state, a clear line was drawn between the role ofthe state andthe role ofthe public,...
... colonial problems The Mandate System andthe construction ofthe non-European state Government, sovereignty and economy The mandate andthe dissolution of sovereignty The legacies ofthe Mandate System: ... System ofthe League of Nations Introduction The creation ofthe Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations andthe new international lawThe Mandate System and ... duties ofthe Spanish andthe Indians to be decided? In dealing with these issues, Vitoria focuses on the social andcultural practices ofthe two parties, the Spanish andthe Indians He assesses and...
... cS and cA–F However, the second half ofthe gene has the structure of a b-crystallin gene, with two exons encoding the two motifs ofthe C-terminal domain The crygn gene is thus a hybrid of b and ... mammalian evolution These changes illustrate the way in which gene families may expand, contract and adapt They may also help us understand the functions ofthe c-crystallin family in vision and elsewhere ... different regions ofthe eye The expression of cN in the central regions ofthe lens, fiber cells that were laid down before birth, is consistent with the familiar pattern of expression ofthe principally...
... consequence ofthe physical laws of our universe andthe subatomic structure ofthe oxygen atom As we shall see in Chap 2, the existence of oxygen atoms is in turn a necessary result oftheevolutionof ... by the pH-value which is the negative logarithm ofthe concentration of protons: pH ¼ À log ½Hþ : Thus, the higher the pH value, the lower the proton concentration and therefore the degree of ... 2000) and iron and nickel in the core It is believed that about 4.5 BYA the moon was created by the condensation of particles being blasted out ofthe crust and mantle of Earth by an impactor of the...
... 95/46/EC ofthe European Parliament andofthe Council on the protection of individuals with regard to the processing of personal data and on xlviii table of conventions the free movement of such ... Law Reports International Review ofthe Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of American States Organisation of African Unity Of cial ... vacuum It is written from the perspective of a practitioner in the field of human rights and international criminal law, where international law, its legitimacy and standing, are essential tools...
... videos, and most of what is called art film—is designed to suppress awareness ofthe presentational aspects ofthe film while promoting the narrative The units of film are the act, the sequence, the ... in nature These are often called white, brown, and pink noise, and all are defined by the relation between the frequency and power (proportional to the square ofthe amplitude) of their components ... near the film’s end was analyzed as Shot The autocorrelation ofthe length of a Shot with itself (Lag 0) is always 1.0; autocorrelations ofthe length of Shot with the lengths of Shots (Lag 1) and...
... Introduction and synopsis 17 deployment of ubiquitous broadband infrastructure and faster realization ofthe benefits ofthe NGMNs Drawing from the US experience andthe relative failure ofthe Universal ... tF > tS, and if CFn are the net cash flows ofthe investment of new entrants, then the expected market value of new entrants will equal the sum of discounted value ofthe investment andthe net ... aspects ofthe ladder of investment theory and also refers to papers presenting empirically based analyses ofthe tenability ofthe theory Moreover, the chapter introduces the issue of intermodal...
... Introduction and synopsis 17 deployment of ubiquitous broadband infrastructure and faster realization ofthe benefits ofthe NGMNs Drawing from the US experience andthe relative failure ofthe Universal ... tF > tS, and if CFn are the net cash flows ofthe investment of new entrants, then the expected market value of new entrants will equal the sum of discounted value ofthe investment andthe net ... aspects ofthe ladder of investment theory and also refers to papers presenting empirically based analyses ofthe tenability ofthe theory Moreover, the chapter introduces the issue of intermodal...
... cooperating with the negotiations at the 1997 Kyoto Round (the Third Session ofthe Conference ofthe Parties) andthe 2000 Hague Round (the Sixth Session ofthe Conference ofthe Parties) ofthe United ... in the cabinet but holds “cabinet rank,” along with five other officials such as the director ofthe Office of Management and Budget, the U.S trade representative, andthe director ofthe Office ... been the target of a range of interest groups (as well as the bulk of Congress andthe Republican Party) and has become halting and indecisive in its role and on the defensive about command -and- control...
... colonial problems The Mandate System andthe construction ofthe non-European state Government, sovereignty and economy The mandate andthe dissolution of sovereignty The legacies ofthe Mandate System: ... System ofthe League of Nations Introduction The creation ofthe Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations andthe new international lawThe Mandate System and ... duties ofthe Spanish andthe Indians to be decided? In dealing with these issues, Vitoria focuses on the social andcultural practices ofthe two parties, the Spanish andthe Indians He assesses and...
... the exceptional dependence ofthelawof nations on thelawof nature’ Lorimer, The Institutes oftheLawof Nations, p 23 See ibid., pp 19 27 Lassa Oppenheim, The Science of International Law: ... accepted that thelawof nations comprised treaties and customs, but who argued that the overall purpose ofthelawof nations, derived from thelawof nature,27 was that of securing and furthering ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...
... in the appropriation ofthe property in, andofthe sovereignty over, a part or the whole ofthe territory of a state, and when definitively accomplished, vests the whole rights of property and ... extended to the lower classes -and the dissolute members ofthe aristocracy ofthe imperial centre: 94 95 On these efforts andthe importance attached to them, see Oppenheim, The Science of International ... basing the inquiry on the premise that the uncivilized were outside the law, andthe positivist task was to define the terms and methods by which they were to be assimilated into the framework of law...
... More generally, the nineteenth century offers us an example of a far broader theme: the importance ofthe existence ofthe ‘other’ for the progress and development ofthe discipline itself Seen from ... in the aforesaid territories [the conventional Basin ofthe Congo] bind themselves to watch over the preservation ofthe native tribes, and to care for the improvement ofthe conditions of their ... as administrators of these territories on behalf ofthe League, and subjecting these mandatories to the League’s supervision.8 The legal structure ofthe Mandate System The Mandate System embodied...
... o n s 147 The Mandate System andthe construction ofthe non-European state The mandates andthe problem of sovereignty The primary novelty ofthe Mandate System for many jurists ofthe interwar ... sense ofthe final end ofthe Mandate System According to Article 22 ofthe Covenant, the primary purpose ofthe Mandate System was to secure the ‘well-being and development’ ofthe peoples ofthe ... supervising the operation ofthe system Once the basic framework ofthe Mandate System had been established, it was the PMC that had the task of ensuring the progress ofthe mandate territories and...
... through the enforcement ofthe laws but rather by defining the normal, the standard andthe truth against which deviations are identified and then remedied.275 Sovereignty and native will The mandate ... the whole global community rather than that ofthe Western/European states alone, andthe creation of such a system oflaw would in itself resolve the secondary problem of whether the rules of ... diversity of mandate territories, the different responses and resistance ofthe mandate peoples andthe intransigency of mandate powers presented this from occurring Nevertheless, the Mandate System...
... and development policy became the norm, andthe collapse ofthe Berlin Wall andthe end ofthe Cold War were taken to signal the ultimate triumph of capitalism andits decisive emergence as the ... international lawof contracts derived from ‘general principles oflaw One ofthe aspirations ofthe new states was to expand the range of international lawand to contribute towards its formation ... Norton, Lawofthe Future or Lawofthe Past? Modern Tribunals andthe International Lawof Expropriation’, (1991) 85 American Journal of International Law 474; M S Sornarajah, The Settlement of Foreign...
... goals ofthe mandate project to create independent societies capable of withstanding the demands ofthe ‘modern world’ are undermined by the system of economic relations the mandate creates The ... terms, the Mandate System was succeeded by the Trusteeship System But in terms of technologies of management, it is the IFIs, the Bank andthe IMF which are the contemporary successors ofthe Mandate ... to the provision ofthe basic welfare services necessary for survival.51 Further, the Articles of Agreement ofthe Bank, the constituent document ofthe organization, require the Bank to base its...
... whether the actions ofthe Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in any way by international law, andthe question ofthe powers ofthe ... activities in the name ofthe WAT These developments suggest a dual process: the further expansion, ostensibly within the framework ofthe UN Charter, ofthe powers ofthe large states, and a corresponding ... complex ways: the history of slavery, the history ofthe relationship between the Native Americans andthe European settlers, the history of America’s war of independence andthe history of earlier...
... Journal ofLawand Jurisprudence219 254 ‘J L Brierly andthe Modernization of International Law , (1993) 25 Vanderbilt Journal of Transnational Law8 81 917 Langenhove, Fernand van, The Question of ... Annual Report ofthe Mandatory Powers’, (1926) 10 League of Nations Official Journal1322 1328 Lorimer, James, The Institutes oftheLawof Nations: A Treatise ofthe Jural Relations of Separate ... 1946) Norton, Patrick M., Lawofthe Future or Lawofthe Past? Modern Tribunals andthe International Lawof Expropriation’, (1991) 85 American Journal of International Law4 74 505 Nussbaum, Arthur,...