Jump to ContentJump to Main Navigation

You are looking at 1-20 of 31 items

  • Keywords: American courts x
Clear All Modify Search

View:

Justice in Context: The Relevance of Inter‐American Human Rights Law and Practice to Repairing the Past

Arturo J. Carrillo

in The Handbook of Reparations

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199291922
eISBN:
9780191603716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199291926.003.0015
Subject:
Political Science, International Relations and Politics

This paper examines how international law contributes to contemporary understandings of transitional justice with respect to reparations for victims of gross and systematic human rights abuses. The ... More


Abstract and Concrete Review in the United States

Alec Stone Sweet and Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... More


Escaping by Design?

Noel Maurer

in The Empire Trap: The Rise and Fall of U.S. Intervention to Protect American Property Overseas, 1893-2013

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155821
eISBN:
9781400846603
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155821.003.0010
Subject:
Economics and Finance, International

This chapter recounts how over the course of the 1950s, 1960s, and 1970s a series of small legal and political innovations began to allow private investors to use international tribunals to sue ... More


Impact on the Right to Consular Notification

Christina M. Cerna

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the issue of the right to consular notification, set forth in Article 36 of the Vienna Convention on Consular Relations (Vienna Convention). The differing considerations of this ... More


The Common Thread: Diversion in Juvenile Justice

Franklin E. Zimring

in American Juvenile Justice

Published in print:
2005
Published Online:
May 2012
ISBN:
9780195181166
eISBN:
9780199943302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195181166.003.0019
Subject:
Sociology, Law, Crime and Deviance

Two justifications existed from the start for creating a juvenile court, referred to as the interventionist and diversionary justifications for a separate children's court. The diversionary ... More


Reducing the Harms of Minority Overrepresentation in American Juvenile Justice

Franklin E. Zimring

in American Juvenile Justice

Published in print:
2005
Published Online:
May 2012
ISBN:
9780195181166
eISBN:
9780199943302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195181166.003.0052
Subject:
Sociology, Law, Crime and Deviance

This chapter identifies some of the key policy choices that must be made in reducing injustices found in American juvenile courts. It argues that reducing the hazards of juvenile court processing may ... More


Introduction

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0001
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This book tries to show that, if forensic proof in Anglo-American courts is analysed in terms of the mathematical calculus of chance, the anomalies and paradoxes which are generated are too numerous ... More


State Sovereignty versus International Concern in Some Recent Cases of the Inter-American Court of Human Rights

Frits Kalshoven

in State, Sovereignty, and International Governance

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199245383
eISBN:
9780191697456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245383.003.0011
Subject:
Law, Public International Law

This chapter discusses the role of the Inter-American Court of Human Rights (the ‘Commission’). By comparing two recent cases that have been brought before that Court it shows how the Court tries to ... More


Women and the Law of Courtship in Eighteenth-Century America

Ruth H. Bloch

in Gender and Morality in Anglo-American Culture, 1650-1800

Published in print:
2003
Published Online:
March 2012
ISBN:
9780520234055
eISBN:
9780520936478
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520234055.003.0005
Subject:
History, American History: 19th Century

This chapter discusses how the legal regulation of marriage shifted from seventeenth-century legislative action to an increased reliance upon civil suits in the eighteenth century. It argues that the ... More


Procedural Issues

DINAH SHELTON

in Remedies in International Human Rights Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.003.0007
Subject:
Law, Human Rights and Immigration

International tribunals have adopted rules and decided cases setting forth the procedural requirements to claim remedies, including standing to file claims and presentation of claims. This chapter ... More


Enforcement of Judgments

DINAH SHELTON

in Remedies in International Human Rights Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.003.0013
Subject:
Law, Human Rights and Immigration

All international tribunals have expressed concern over ensuring that their views, decisions, and judgments are made effective and that remedies are afforded to the victims of human rights ... More


What are the Standards of Proof in Courts of Law?

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0005
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter describes the standard of proof in courts of law. There are two main standards for proof of fact in English and American courts. The plaintiff in a civil case must prove on the balance ... More


Bleached Faith: The Tragic Cost When Religion Is Forced into the Public Square

Steven Goldberg

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804758611
eISBN:
9780804763141
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804758611.001.0001
Subject:
Law, Constitutional and Administrative Law

Public recognition of religion has been a part of American political life from the country's beginning, and that is not going to change. But in recent years, the effort by some to challenge the long ... More


The Fragmentation of International Justice

in The Perils of Global Legalism

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226675749
eISBN:
9780226675923
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226675923.003.0007
Subject:
Law, Public International Law

The international adjudicatory environment is a bewildering jungle of judicial, quasi-judicial, and advisory bodies, some global and some regional or bilateral, with overlapping jurisdiction and no ... More


Not-so-Threatening Foreigners: Nationality as a Core Human Rights Issue: (Advisory Opinion 4/84)

Marie-Bénédicte Dembour

in When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199667833
eISBN:
9780191748660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199667833.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter considers the first ruling of the Inter-American Court on a migrant issue. This ruling, adopted under the advisory jurisdiction of the Inter-American Court in 1984, concerned conditions ... More


Introduction

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The concept of the margin of appreciation has been most developed by the European Court of Human Rights. It is also present in the jurisprudence of the Inter-American Court of Human Rights and the UN ... More


The Historical Development of International Advocacy

Arman Sarvarian

in Professional Ethics at the International Bar

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199679461
eISBN:
9780191758522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679461.003.0004
Subject:
Law, Legal Profession and Ethics, Public International Law

This chapter traces the historical development of international advocacy from antiquity to the closure of the Permanent Court of International Justice in 1945. In identifying a ‘diplomatic tradition’ ... More


The Inter-American Court of Human Rights: How Constitutional Lawyers Shape Court Authority

Alexandra Huneeus

in International Court Authority

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198795582
eISBN:
9780191836909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795582.003.0009
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter seeks to explain why the impact of the Inter-American Court of Human Rights varies greatly across the different Latin American countries under its jurisdiction. Three case studies ... More


The Law and Politics of the <i>Pro Persona</i> Principle in Latin America

Alejandro Rodiles

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0009
Subject:
Law, Public International Law

Latin American national courts increasingly make use of the pro persona principle of interpretation, dealing with both international and domestic laws. This principle is reconcilable with other ... More


Reconceptualizing International Human Rights Law Through a Culturally Based Approach: International and Regional Practice

Federico Lenzerini

in The Culturalization of Human Rights Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199664283
eISBN:
9780191748479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664283.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the ... More


View: