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Articles 1 - 8 of 8
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Inefficient Customs In International Law, Eugene Kontorovich
Inefficient Customs In International Law, Eugene Kontorovich
William & Mary Law Review
This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent …
Time To Overturn Turney, Paul A. Lafata
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.
Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer
Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer
William & Mary Law Review
In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer its definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer an unequivocal answer. This Article focuses on the Court's plurality opinion, and particularly on its conclusion that judicially manageable standards are wanting in this area. This conclusion is implausible and masks the real question at the heart of the case. The Vieth plurality is best understood by examining the Court's political and prudential concerns as cabined by the political question doctrine. One understanding is simply that the plurality is making …
Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi
Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi
William & Mary Bill of Rights Journal
No abstract provided.
Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.
Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.
William & Mary Law Review
No abstract provided.
Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans
Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans
William & Mary Environmental Law and Policy Review
No abstract provided.
Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps
Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn
Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.