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Law

Selected Works

Scott Sullivan

Separation of powers

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Interpreting Force Authorization, Scott Sullivan Sep 2014

Interpreting Force Authorization, Scott Sullivan

Scott Sullivan

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconcilesseparation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in favor …


Rethinking Treaty Interpretation, Scott Sullivan May 2013

Rethinking Treaty Interpretation, Scott Sullivan

Scott Sullivan

No abstract provided.