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How the Courts Have Interpreted the Relevance of the U.S. Constitution to Environmental Law
The U.S. Constitution provides much more assistance to industrial interests than to environmental interests. The U.S. courts have not found the...
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The Constitution and State Law on Interracial Marriage
Chapter 1 explains how societal stress can be generated in the United States by judicial interpretations of the Constitution of the nation and...
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Fruit of the Poison Tree Doctrine in U.S. Criminal Proceedings and Regulations on the Exclusion of Evidence in Vietnamese Criminal Proceedings
This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the...
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Is There a Right to Health in U.S.?
While some international instruments and countries recognize a right to health, the U.S. does not recognize a right to health in its Constitution and...
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Dritter Teil: U.S.-amerikanischer Zivilprozess
Im Rahmen der nationalen Diskussion um die prozessuale Mitwirkungsverantwortung der Parteien eines Zivilrechtsstreits erfährt vor allem das...
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Constitution, Constitutionalisation and Constitutionalism
Interpretation can develop and shape international law. In the following chapters, it will be argued that interpretation can help to...
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The Environmental Rights Provisions of U.S. State Constitutions: A Comparative Analysis
Nearly every U.S. state has environmental provisions in its constitution. These provisions cover a wide range of issues concerning the manner in...
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U.S. Government
In the United States, the three branches of government at the federal and state level—legislative, executive, and judiciary—all produce law. The law...
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Constitution, Courts and Arbitration
Because courts must give weight to precedent, they cannot consider new arguments for revising the common law purely on grounds of justice....
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Environmental Justice Before U.S. Courts
The history of environmental justice litigation in federal, state, and administrative courts illustrates how difficult it is to remedy intersectional...
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Constitution as Literature
Any constitutional text, drafted and promulgated to become the founding dogma of a political community and the supreme norm of its entire legal...
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Imperial President and Constitutionalism Under the 1992 Constitution of Ghana
The 1992 Constitution of Ghana confers on the President enormous powers exercisable by himself or through authorised agents. The President swims in...
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The Islands that Ate the Constitution
This article reviews and updates the counterintuitive status of non-state territories under the United States constitution. Taking into account the...
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U.S. Law and Policy for the Cruise Industry
The United States is a major player in the cruise industry. However, very few ocean-going cruise ships sail under the U.S. flag, as ship owners...
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Die Dobbs-Entscheidung des U.S. Supreme Court und ihre institutionellen Folgen
Am 24. Juni 2022 traf der U.S. Supreme Court mit Dobbs v. Jackson Women’s Health Organization eine zentrale Entscheidung zum Abtreibungsrecht. Er...
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Specialized State Environmental Courts in the U.S.: The Experience of Vermont and Hawai’i
Vermont and Hawai’i are the only two U.S. States that so far have adopted specialized statewide environmental judicial branch courts, Vermont’s...
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The Path of Procedural Due Process into the American Constitution. Scope of Application
The historical development of the due process clause and the political context by which it was incorporated in earlier American documents and further...
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Repatriation of Sacred Indigenous Heritage in U.S. Law
NAGPRA, the Native American Graves Protection and Repatriation Act, is one most well-known examples of repatriation legislation. This chapter...
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Separation of Power and Judicial Independence in the Context of the United States and the Indian Constitution: A Cratologial Critique
Separation of power and judicial independence is invoked as an ideal to which the legal and constitutional arrangements of a modern state conform, if...
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Inventorship Standards for Biotechnology Inventions Under the U.S. and Japanese Patent Acts
This article highlights differences between the United States and Japanese inventorship standards by comparing a U.S. Federal Circuit decision and a...