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Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
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This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex …
Immigration As Invasion: Sovereignty, Security, And The Origins Of The Federal Immigration Power, Matthew Lindsay
Immigration As Invasion: Sovereignty, Security, And The Origins Of The Federal Immigration Power, Matthew Lindsay
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This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government’s authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress’ commerce authority, into a power that was unmoored from the Constitution, derived from the nation’s “inherent sovereignty,” and subject to extraordinary judicial deference. This framework, which is commonly referred to as the “plenary power doctrine,” has stood for more than a century as an anomaly within American public law. The principal legal and rhetorical rationale for the …
Book Review: The Sword And The Scales: The United States And International Courts And Tribunals, Nienke Grossman
Book Review: The Sword And The Scales: The United States And International Courts And Tribunals, Nienke Grossman
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This is a book review of "The Sword and the Scales: The United States and International Courts and Tribunals," edited by Cesare P. R. Romano (Cambridge Univ. Press, 2010). The book provides in-depth analysis of the relationship between the United States and various of the world's most important international courts and tribunals. The review was written for a forthcoming issue of Climate Law.