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This Article explores the judicial embrace of complexity in the context of Guantánamo-related litigation. First, the Article sets out a conception of war as defined by the three limiting factors of time, space, and means and the conceptual challenge to each that a war against terrorism has...
Persistent link: https://www.econbiz.de/10014197446
The appellate review system is intended to serve as an efficient remedy for imperfect judicial decision making. However, it can fulfill this task only when appeals are filed solely due to bad verdicts and are ex-ante unpredictable based on factors that are exogenous to the judge. Using data from...
Persistent link: https://www.econbiz.de/10010489300
It is a significant responsibility of the national governments to protect their country’s interests and sovereignty over their territory. As part of their security responsibilities, they are required to impose restrictions on their borders and try to defend the state against threats. But,...
Persistent link: https://www.econbiz.de/10014360682
In this paper we investigate the relationship between the number of lawyers and civil litigation across Italian provinces over the period 2000-2005. First, we document the existence of a positive correlation between the number of lawyers and litigation. We then employ a 2SLS approach to verify...
Persistent link: https://www.econbiz.de/10014191691
Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate...
Persistent link: https://www.econbiz.de/10014145973
The field of transitional justice has to date been centrally concerned with issues of individual criminal responsibility, with the establishment and assessment of new international institutions designed to promote retributive justice, and with the relative merits of criminal trials and...
Persistent link: https://www.econbiz.de/10013142516
Widespread vote buying has long marred Taiwan's elections and this malpractice has been an issue of great concern to many on the island. This study aims at examining the decisions of Taiwan's three-tiered court system -- district, high, and Supreme Court -- regarding vote-buying litigation. In...
Persistent link: https://www.econbiz.de/10013145428