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A Legacy Diminished: President Obama and the Courts

Health Care, Mixed Stories The 2012 decision in National Federation of Independent Business (NFIB) v. Sebelius was reported as a relief for the administration as Chief Justice Roberts’ decision to side with the liberal quartet meant that the Afordable Care Act, the centerpiece of the Obama administration’s domestic policy agenda, survived the challenge brought by NFIB and 26 state attorneys general. Nat’l Fed’n Indep. Bus. v. Sebelius, 567 U.S. 519 (2012). In a complicated ruling the Court determined that the so-called ‘individual mandate’, which required people

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Admission of Extrinsic Evidence for Contract Interpretation: The International Arbitration Culture in Light of the Traditional Divisions

Abstract

Mergers and acquisition (M&A) operations generally follow wide due-dil­igence and investigation works. This suggests that a lot of elements outside of the final contract could help the judge or arbitrator interpret the intent of the parties. Yet, the common law tradition usually includes a so-called ‘parol evidence rule’ (PER) that pro­hibits the use of such evidence to this end, among numerous exceptions. Other legal tradition such as the civil law don’t include such rule. As transnational M&A operations now generally use international commercial arbitration (ICA) as a way to solve potential disputes, parties can wonder if these extrinsic evidence can be used in an ICA context, given its multicultural legal habits. To answer this question, this article analyses the cultural roots that explain the existence or absence of the PER, and matches them with the specificities of ICA. There are two main explanations for the distinction between common law and civil law regarding the PER. One is substantial and regards the con­tractual interpretation approach. The second depends on the culture regarding evidence and the existence of exclusionary rules. These two explanations don’t survive in ICA. Moreover, the specificities of ICA tend to encourage the admission of extrinsic evidence in contractual interpretation.

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Less is More or More is More? Revisiting Universality of Human Rights

Abstract

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. Indeed, they are so oft en referred to and used as a basis for claims of various kinds that there may be a risk of certain “inflation” in that so much is said to be a human right that the notion loses its essential meaning. Th is article argues that the universality of basic human rights is one of the values of the concept of rights. Th e rights and the understanding and interpretation of rights may have to be purist. Th is may be the way universal human rights as a concept can survive at all. In the modern world there are different trends that to some extent conflict, like the trend of globalisation but also the re- emphasising in different parts of the world of traditional values, whether from a religious background or something else. It appears that the basic dogma of human rights - which has also been called the first universal ideology - that it is the individual and her rights and freedoms that should always be in the centre of any human rights discourse, is abandoned all the more oft en as the central principle. Instead the banner of human rights is used for various political and economic aims

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To Have, to Hold, and to Vanquish: Property and Inheritance in the History of Marriage and Surnames

sometimes retained their birth names at marriage; men sometimes adopted the surnames of their wives; and children and grandchildren sometimes took the surnames of their mothers or grandmothers. Women had been permitted to own and inherit property through early medieval times, with Saxon landowners willing their lands to their daughters as well as their sons. Later, inheritance for daughters became limited to situations where there were no surviving sons. Surnames as a social and legal convention became closely connected to property, such that the person with the property

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Constitutions and Citizenship: Lessons for African Countries

French Administration . New York City: United Nations, 1954. UWECHUE, Ralph. Reflections on the Nigerian Civil War: A Call for Realism . London, UK: O.I.T.H. International Publishers Limited, 1969. UZOKWE, Alfred Obiora. Surviving Biafra: The Story of the Nigerian Civil War: Over Two Million Died . Lincoln, Nebraska: iUniverse, 2003. VORENBERG, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment . Cambridge, UK: Cambridge University Press, 2001. WALDMEIR, Patti. Anatomy of a Miracle: The End of

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The U.S. Constitution’s Emoluments Clauses: How History, Behavioral Psychology, and the Framers’ Understanding of Corruption All Require an End to President Trump’s Conflicts of Interest

in business, lending support to the conclusion that Trump’s attempt to maintain a stake in his private interests while serving in public office would be untenable in other contexts. See infra notes 97–113 and accompanying text. Returning to legal issues raised by the President’s conflicts of interest, Part VI describes three federal lawsuits filed in 2017, two of which have survived motions to dismiss and have addressed the meaning of “emoluments” as understood by the Framers of the Constitution. See infra notes 114–201 and accompanying text. We conclude that

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Two Concepts of Freedom in Criminal Jurisprudence

wearing body armor and would not be injured), and Joe moves to avoid the bullet. The bullet hits Jane and kills her. According to the bodily movement test, Joe’s movement would be classified as killing since it caused Jane’s death. Nevertheless, his act is seemingly more accurately defined as a letting die, and, therefore, Joe would be liable only if we could identify a duty to stand in one place and not move. “Freezing to death” – Joe is about to freeze to death. In order to survive, he tries to enter John’s house. John blocks Joe by locking the door. Joe dies

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“To Promote the General Welfare”: Addressing Political Corruption in America

of Management and Budget (OMB), the CBO and the GAO have the necessary expertise to make such judgments, but lack not only the authority to veto legislation or administrative actions but also the political legitimacy to survive resulting push back. Some better method for appointing umpires would be required, such as presidential appointment with supermajority senate confirmation. Those distressed by “gridlock” in Washington today clearly will be even more distressed to consider yet another locus of veto power over legislation. See supra note 55. The first

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Liberty, Equality and the Right to Marry under the Fourteenth Amendment

‘benefits’ is issue were, and in what respects same-sex partners were disrespected and subordinated. Justice Kennedy touched briefly on these points in Part I of the judgment, but they were not drawn out at any length. The only issue raised in relation to Mr. Obergefell – whose partner had died – was that he could not register as the surviving spouse on his partner’s death certificate. That is not the weightiest of issues. The point noted under Michigan law was arguably much more substantial; gay couples could adopt children only as individuals, not as (unlike a married

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Scalia’s Legacy: Originalism and Change in the Law of Standing

had she been the surviving spouse of a man instead of a woman. Recognizing that party agreement posed a jurisdictional hurdle, the Court appointed an amicus to argue that United States had no standing to appeal from decision below once it concluded, in agreement with Windsor, that DOMA was unconstitutional. Yet the opinion by Justice Kennedy for a narrow five-Justice majority simply announced that the disappearance of formal adverseness did not deprive the Court of power to reach the merits. See Windsor , 133 S. Ct. at 2684-89 (evaluating the adverse

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