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Journal articles on the topic 'Law United States'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 August 2024

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1

Green, Craig. "United/States: A Revolutionary History of American Statehood." Michigan Law Review, no. 119.1 (2020): 1. http://dx.doi.org/10.36644/mlr.119.1.united/states.

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Where did states come from? Almost everyone thinks that states descended immediately, originally, and directly from British colonies, while only afterward joining together as the United States. As a matter of legal history, that is incorrect. States and the United States were created by revolutionary independence, and they developed simultaneously in that context as improvised entities that were profoundly interdependent and mutually constitutive, rather than separate or sequential. “States-first” histories have provided foundational support for past and present arguments favoring states’ righ

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2

Kontorovich, Eugene. "United States v. Dire." American Journal of International Law 107, no. 3 (2013): 644–49. http://dx.doi.org/10.5305/amerjintelaw.107.3.0644.

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In the first criminal piracy decision by a United States court in nearly a century, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal piracy statute’s reference to the “law of nations” explicitly ties the scope of the offense to evolving customary international law definitions of the crime. The court went on to find that under current customary and treaty law, attempted piracy falls within the scope of the international crime. In doing so, it joined several courts in nations around the world that have confronted the issue as a result of the outbreak of Somali piracy that

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3

Wuerth, Ingrid. "International Law, Domestic Law, and the United States." American Journal of International Law 108, no. 1 (2014): 116–23. http://dx.doi.org/10.5305/amerjintelaw.108.1.0116.

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4

Lowenfeld, Andreas F. "U.S. Law Enforcement Abroad: The Constitution and International Law." American Journal of International Law 83, no. 4 (1989): 880–93. http://dx.doi.org/10.2307/2203377.

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In recent years, the Congress of the United States has enacted a series of laws criminalizing certain activities committed outside the territory of the United States, even by persons who are not nationals of the United States. The international lawyer would doubtless characterize those laws as assertions by the United States of authority to exercise jurisdiction to prescribe laws on the basis of the principle of “passive personality”—to punish actions directed at the state’s nationals—or perhaps as new applications of principles of universal jurisdiction; one might then examine those laws in t

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5

Weber Waller, Spencer. "United States Antitrust Law and Economics." World Competition 31, Issue 4 (2008): 631–32. http://dx.doi.org/10.54648/woco2008050.

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6

Pisani, Donald J., and Gordon Morris Bakken. "Law in the Western United States." Western Historical Quarterly 33, no. 1 (2002): 69. http://dx.doi.org/10.2307/4144726.

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7

Prince, Willam B. "Mining Law in the United States." Mineral Resources Engineering 07, no. 04 (1998): 393–401. http://dx.doi.org/10.1142/s0950609898000419.

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8

Buehler, Cheryl. "Divorce Law in the United States." Marriage & Family Review 21, no. 3-4 (1995): 99–120. http://dx.doi.org/10.1300/j002v21n03_06.

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9

Liang, Bryan A. "An overview of United States law." Hematology/Oncology Clinics of North America 16, no. 6 (2002): 1315–30. http://dx.doi.org/10.1016/s0889-8588(02)00062-x.

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10

Vetri, Dominick. "Reproductive Technologies and United States Law." International and Comparative Law Quarterly 37, no. 3 (1988): 505–34. http://dx.doi.org/10.1093/iclqaj/37.3.505.

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11

Edmundson, William A. "Precedent and United States Administrative Law." Studia Iuridica Lublinensia 27, no. 1 (2018): 69. http://dx.doi.org/10.17951/sil.2018.27.1.69.

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12

Worrall, John L. "Kyllo v. United States." Journal of Contemporary Criminal Justice 19, no. 2 (2003): 205–23. http://dx.doi.org/10.1177/1043986203251618.

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13

Levinson, S. "United States: Assessing Heller." International Journal of Constitutional Law 7, no. 2 (2009): 316–28. http://dx.doi.org/10.1093/icon/mop002.

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14

Whalen, Thomas J., and Anthony A. Santangelo. "United States Regulation of Non-US Airlines Operating to the United States." Air and Space Law 30, Issue 4/5 (2005): 330–45. http://dx.doi.org/10.54648/aila2005024.

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15

Wiet, Elizabeth J. "Witte v. United States: Double Jeopardy and the United States Sentencing Guidelines." Journal of Criminal Law and Criminology (1973-) 86, no. 4 (1996): 1539. http://dx.doi.org/10.2307/1144067.

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16

Mangone, Gerard. "Marine Boundaries: States and the United States." International Journal of Marine and Coastal Law 21, no. 2 (2006): 121–71. http://dx.doi.org/10.1163/157180806777973077.

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AbstractMarine boundaries between states of the United States and between the states and the United States have a long and contentious history. Disputes have arisen between states separated by a river and between states in extending their land boundaries seaward. Especially since the Submerged Lands Act of 1953, disputes between states and the federal United States over title to valuable resources in the three-mile coastal area measured from the shoreline have been sharp and continuous. The legal basis for the delimitation of marine zones, including common law, statutes and international law,

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17

Thielges, S., C. Unger, and C. Mewes. "United States." Carbon & Climate Law Review 16, no. 1 (2022): 73–78. http://dx.doi.org/10.21552/cclr/2022/1/9.

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18

Clarizio, Lynda M. "United States v. Yunis." American Journal of International Law 83, no. 1 (1989): 94–99. http://dx.doi.org/10.2307/2202796.

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Defendant Fawaz Yunis, a Lebanese resident and citizen, was charged for his alleged involvement in the 1985 hijacking of a Jordanian civil aircraft in the Middle East. Defendant moved to dismiss the indictment on the ground that, under general principles of international law, the court lacked subject matter and personal jurisdiction over a crime committed by a nonresident alien on foreign soil and that federal law provided no independent basis for such jurisdiction. The United States District Court for the District of Columbia (per Parker, J.) denied the motion to dismiss in part and granted i

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19

Erman, Sam. "Status Manipulation in Chae Chan Ping v. United States." Michigan Law Review, no. 121.6 (2023): 1091. http://dx.doi.org/10.36644/mlr.121.6.status.

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A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.

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20

Simon, Jonathan. "Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins." Daedalus 143, no. 3 (2014): 62–72. http://dx.doi.org/10.1162/daed_a_00288.

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This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.

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21

Price, Daniel M. "United States v. Stuart." American Journal of International Law 83, no. 4 (1989): 918–23. http://dx.doi.org/10.2307/2203382.

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In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and bec

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22

Lee, Yong-Shik. "Law and Development in the United States." Law and Development Review 14, no. 2 (2021): 327–58. http://dx.doi.org/10.1515/ldr-2021-0070.

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Abstract Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the United States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic pro

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23

HARRIS, DONALD. "Tort Law Reform in the United States." Oxford Journal of Legal Studies 11, no. 3 (1991): 407–15. http://dx.doi.org/10.1093/ojls/11.3.407.

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24

NOGUCHI, Sachie. "Law school libraries in the United States." Journal of Information Processing and Management 46, no. 11 (2004): 728–40. http://dx.doi.org/10.1241/johokanri.46.728.

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25

George, F. "Law and Culture in the United States." American Journal of Jurisprudence 48, no. 1 (2003): 131–47. http://dx.doi.org/10.1093/ajj/48.1.131.

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26

Forsythe, David P. "The United States and International Humanitarian Law." Journal of Human Rights 7, no. 1 (2008): 25–33. http://dx.doi.org/10.1080/14754830701866450.

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27

Scalise, Ronald J. "New Developments in United States Succession Law." American Journal of Comparative Law 54, suppl_1 (2006): 103–24. http://dx.doi.org/10.1093/ajcl/54.suppl1.103.

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28

Okeke, Chris Nwachukwu, and James A. R. Nafziger. "United States Migration Law: Essentials for Comparison***." American Journal of Comparative Law 54, suppl_1 (2006): 531–52. http://dx.doi.org/10.1093/ajcl/54.suppl1.531.

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29

Bodansky, Daniel. "International Environmental Law in United States Courts." Review of European Community & International Environmental Law 7, no. 1 (1998): 57–62. http://dx.doi.org/10.1111/1467-9388.00127.

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30

ㅤ. "Agricultural tenancy law in the United States." Tijdschrift voor Agrarisch Recht 52, no. 5 (1992): ㅤ. http://dx.doi.org/10.5117/tvar1992.5.003.

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31

Warbrick, Colin. "Public law in the United States and the United Kingdom." International Affairs 68, no. 1 (1992): 158. http://dx.doi.org/10.2307/2620494.

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32

Berger, Curtis J. "Timesharing in the United States." American Journal of Comparative Law 38 (1990): 131. http://dx.doi.org/10.2307/840537.

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33

Steiker, Jordan. "United States: Roper v. Simmons." International Journal of Constitutional Law 4, no. 1 (2006): 163–71. http://dx.doi.org/10.1093/icon/moi058.

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34

Nash, Marian, and (Leich). "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 90, no. 2 (1996): 263–79. http://dx.doi.org/10.2307/2203689.

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In response to a request from the court to the Legal Adviser of the Department of State, by a letter dated November 29, 1995, the United States submitted a Statement of Interest in Meridien International Bank Ltd. v. Government of the Republic of Liberia. The United States stated that the executive branch had determined that allowing the (second) Liberian National Transitional Government (LNTG II) access to American courts was consistent with U.S. foreign policy. The court, the United States maintained, should therefore accord that Government standing to assert claims and defenses in the actio

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35

Stoler, Mark A., and Richard H. Kohn. "The United States Military under the Constitution of the United States, 1789-1989." American Journal of Legal History 38, no. 1 (1994): 84. http://dx.doi.org/10.2307/845324.

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36

Stoler, Mark A., and Richard H. Kohn. "The United States Military under the Constitution of the United States, 1789-1989." American Journal of Legal History 37, no. 4 (1993): 518. http://dx.doi.org/10.2307/845821.

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37

Bird, Ruth. "Legislative Resources for the United States." Legal Information Management 6, no. 3 (2006): 172–75. http://dx.doi.org/10.1017/s1472669606000624.

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Ruth Bird of the Bodleian Law Library identifies useful resources for US legislative research. The Bodleian Law Library (BLL) has extensive, current holdings of the majority of these resources in its collection, which are identified in the course of the paper. References to online locations for the titles and resources are also included.

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38

Porter, John Edward. "United States Senate." Biotechnology Law Report 16, no. 3 (1997): 377–80. http://dx.doi.org/10.1089/blr.1997.16.377.

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39

Marcus, Paul. "United States / The juvenile justice system in the united states." Revue internationale de droit pénal 75, no. 1 (2004): 535. http://dx.doi.org/10.3917/ridp.751.0535.

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40

Petty, Ross D. "Advertising Law in the United States and European Union." Journal of Public Policy & Marketing 16, no. 1 (1997): 2–13. http://dx.doi.org/10.1177/074391569701600102.

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Nearly 40% of the more than $270 billion spent on advertising throughout the world occurs in the United States and more than 25% more is spent in Europe (Adler 1996). Both the United States and European Union (EU) have a central government that is the source of marketwide law, as well as numerous states, each with its own individual laws. Although the EU drew on U.S. law when drafting its 1984 Directive on Misleading Advertising, many of its member states have legal traditions predating those of the United States, and they are reluctant to change. The author examines advertising law in both th

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41

Wallace, Trent. "Mau Forest Evictions in Kenya: How An International Tribunal’s Affirmation of Indigenous Rights Differs from Federal Indian Law in the United States." Indiana International & Comparative Law Review 34, no. 2 (2024): 309–48. http://dx.doi.org/10.18060/28417.

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Many proponents of Indigenous rights in the United States advocate for the domestic legal system to adopt international law standards to strengthen the rights of American Indians and Tribes. This proposition assumes that domestic law is inconsistent with international law standards. In this Note, the author contrasts a recent decision from an international tribunal, the African Court on Human and People’s Rights, with United States law in the areas of tribal recognition, religious rights, and property rights. Importantly, the African Court on Human and People’s Rights applies international law

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42

Awasthi, Manish, Vipul Upadhyay, and Shashank Dwivedi. "Discussion of Associational Freedom in The United States." Stallion Journal for Multidisciplinary Associated Research Studies 1, no. 1 (2022): 16–21. http://dx.doi.org/10.55544/sjmars.1.1.3.

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This article studies the freedom of association of employees in international labor law and US law; compares and contrasts between international law and US law, and from there, points out the shortcomings of employees’ freedom of association in the law of this leading country.

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43

Scott, Shirley V. "Is there room for international law in realpolitik?: accounting for the US ‘attitude’ towards international law." Review of International Studies 30, no. 1 (2003): 71–88. http://dx.doi.org/10.1017/s0260210504005832.

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The United States has in recent years come under considerable criticism for its apparently cynical attitude towards international law. While the US administration refers often to the importance of the international rule of law it appears unwilling to itself be bound by that law. While the US took the lead in the post World War II years in establishing international law and institutions it has in recent years appeared unwilling to give those same institutions its full support. This article begins by examining a range of explanations for the seemingly undesirable US attitude towards internationa

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44

ATIYAH, P. S. "Economic Loss in the United States." Oxford Journal of Legal Studies 5, no. 3 (1985): 485–90. http://dx.doi.org/10.1093/ojls/5.3.485.

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45

Gramckow, Heike. "Community prosecution in the United States." European Journal on Criminal Policy and Research 5, no. 4 (1997): 9–26. http://dx.doi.org/10.1007/bf02677659.

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46

Finnin, Sarah. "UPDATE ON UNITED STATES MILITARY COMMISSIONS." Yearbook of International Humanitarian Law 10 (December 2007): 198–231. http://dx.doi.org/10.1017/s1389135907001985.

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AbstractThis article provides a detailed update on the progress of the United States military commissions under the regime established by the Military Commissions Act of 2006 for the trial of detainees captured during the War on Terror for so-called war crimes. In particular, the author examines the plea and sentencing of Australian detainee David Hicks, the pre-trial developments in the case of Canadian detainee Omar Khadr, and the early litigation involving the detainees who have been dubbed the ‘September 11 co-conspirators’. The author also touches on the Supreme Court decision inHamdanv.R

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47

Boyne, Shawn Marie. "Data Protection in the United States." American Journal of Comparative Law 66, suppl_1 (2018): 299–343. http://dx.doi.org/10.1093/ajcl/avy016.

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48

Post, R. C. "Constitutional scholarship in the United States." International Journal of Constitutional Law 7, no. 3 (2009): 416–23. http://dx.doi.org/10.1093/icon/mop015.

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49

Mauser, Gary A. "Gun control in the United States." Criminal Law Forum 3, no. 1 (1992): 147–59. http://dx.doi.org/10.1007/bf01095763.

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50

Kelly, Robert J. "Political-Criminal Nexus: The United States." Trends in Organized Crime 3, no. 1 (1997): 78–81. http://dx.doi.org/10.1007/s12117-997-1147-3.

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