This Article explores the concept of “judicial federalization doctrine.” The doctrine emanates from well-documented areas of federal constitutional law, including exactions, racially motivated peremptory challenges, the exclusionary rule, same-sex sodomy, marriage, and freedom of speech and...

We present a systematic quantitative approach how to analyze the reasons that judges in Nordic countries publicly adduce for their decisions in constitutional matters, as implemented in the Nordic CONREASON Project. Based on encodings of forty (per court) purposively selected landmark cases,...

In April 2018, the Colombian Supreme Court reached an historic decision concerning the deforestation problem in the Colombian Amazon Rainforest. The case STC 4360-2018 raises many legal dilemmas concerning the relationship between deforestation and constitutional rights recognised by the...

In South Africa, the law of costs states that costs are a matter of judicial discretion, but as a general approach costs follow the result. In South Africa, as in the UK, these rules are regarded as the single most significant barrier to access to environmental justice. In a recent case...

In the October 2003 Term, the Supreme Court decided seven environmental law cases - an extraordinarily large number. Although all of the cases revolved around questions of statutory interpretation, the issues presented were diverse, and the Court's flurry of activity might appear coincidental....

In West Virginia vs. EPA, a conservative majority within the Supreme Court announced this past June a sweeping ruling, traceable to the opinions of former Justice Scalia, that seriously threatens environmental law’s ability to safeguard public health and welfare. In sustaining former President...

This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...

We use NOMINATE (Nominal Three Step Estimation) (Poole and Rosenthal, 1983, 1997) to estimate ideal points for all Supreme Court Justices in Brazil from 2002 to 2012. Based on these estimated preferences we identify the nature of the two main dimensions along which disagreements tend to occur in...

We use NOMINATE (Nominal Three Step Estimation) (Poole and Rosenthal, 1983, 1997) to estimate ideal pointsfor all Supreme Court Justices in Brazil from 2002 to 2012. Based on these estimated preferences we identify the nature of the two main dimensions along which disagreements tend to occur in...