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- Boumediene (1)
- Constitution (1)
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- Libya; United Nations; Arab Springs; Security Council; military intervention; responsibility to protect; sovereignty; human rights law; international law; international relations; civilian protection (1)
- Port authority (1)
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Articles 1 - 3 of 3
Full-Text Articles in Law
Habeas Corpus, Protection, And Extraterritorial Constitutional Rights, Andrew Kent
Habeas Corpus, Protection, And Extraterritorial Constitutional Rights, Andrew Kent
Faculty Scholarship
This short essay is an exchange with Professor Steve Vladeck's about my Article entitled: Boumediene, Munaf, and the Supreme Court’s Misreading of the Insular Cases, 97 Iowa Law Review 101 (2011). My Article showed that the Supreme Court’s landmark ruling in Boumediene v. Bush relied on a demonstrably incorrect understanding of key precedents known as the Insular Cases, which arose from actions of the United States military and the new civil governments of the islands acquired by the United States at the turn of the twentieth century — Puerto Rico, the Philippines, Hawaii, and for a time Cuba. This reply …
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Faculty Scholarship
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
Funding Port-Related Infrastructure And Development: The Current Debate And Proposed Reform, Christopher T. Cook
Funding Port-Related Infrastructure And Development: The Current Debate And Proposed Reform, Christopher T. Cook
Fordham Urban Law Journal
Given the lack of consensus and certainty in how funding should best be generated to meet critical infrastructure and development needs, this Note proposes an amendment to the Shipping Act to provide port authorities with the express power to impose fees for the construction, operation, and maintenance of qualifying port-related infrastructure and development initiatives. The amendment would effectively spread the costs specific to qualifying initiatives over the useful life of the project. Part I discusses the relevant provisions and judicial standards associated with the Tonnage Clause and Shipping Act. Part II addresses the efforts by both Congress and port authorities …