27 votes

What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like ...
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27 votes
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What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in ...
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  • 140k
20 votes
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Why is Miller's case titled R (Miller)?

The Queen (or King) is not the government; she represents the State. The difference is often ignored by ministers, but is important particularly in constitutional cases. Miller began as Miller v ...
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6 votes
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Citing federal court cases as authorities in state court

That depends what the issue is. On constitutional issues, and on issues of federal law (which do come up in state cases) , they are binding precedent, at least in that circuit for an appeals court ...
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6 votes
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The parties in an appealed criminal case

"Regina" or "R" or "The Crown" or "The Queen" is the respondent. These are different ways of expressing the same concept. However, it is not typical to name &...
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  • 76
4 votes

Examples of Unethical Experimental Studies

Statistics deceive courts all the time Most judges and jurors know no statistics. Most doctors and social scientists use statistics without really understanding them. Therefore, innocently or ...
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4 votes
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How can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or rulings on a given statute?

new-zealand The Law Society provides this research service where specially trained people scour through all relevant databases and return to you what they have found. Though this service is only ...
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3 votes
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How to cite a supreme court opinion in author-year format

First of all, if the publication or outlet for which you are writing has a specific style guide, and that has a rule for citing court opinions, follow it. If there is no such guide, or no such rule in ...
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3 votes
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Can only the government official who appointed an employee fire that employee?

I think we're talking about In re Hennen, which dealt with the removal of the clerk of the district court in Louisiana: It all these departments power is given to the secretary, to appoint all ...
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2 votes
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Finding court cases involving some organization

How can I find court cases that involve a given organization (e.g. some company)? Based on other inquiries you have posted, I gather that you refer to the US. A very useful, cost-free resource is ...
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2 votes
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Was there a consideration in Merritt v Merritt case agreement?

Almost anything is good consideration for a contract (even a peppercorn) - they only real exception is something that a party was already obliged to do by law or contract. Even if all Mrs Merrit did ...
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2 votes

Examples of Unethical Experimental Studies

"Deceptive statistics" is not a matter over which a person can be sued, so coming up with a court case will be hard. Fabricating data is not deceptive statistics – data fabrication would ...
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2 votes
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PERB Citation Elements

Your example is from 2.4(b)(1) of the style manual for "Commission and Agency Documents and Materials". The New York Public Employment Relations Board is a state level version of the National Labor ...
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  • 140k
1 vote

Why do round brackets signify the judgment date, and square brackets the publication year?

This is purely arbitrary and particular to a certain set of citation rules that you are studying that is used by a particular community of legal scholars. Some other sets of citation rules (there are ...
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1 vote

What does "Dispense with formal citation" mean?

What does it mean? "If it pleases the court, may we proceed without formal citation?"
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1 vote
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Is this a proper Bluebook citation for a Court of Federal Claims case?

Reissued for publication doesn't come up very often and I don't believe that there is a specific rule for it, so there is a certain amount of discretion in how that is stated. I would cite it as ...
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