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Full-Text Articles in Law
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
William & Mary Law Review
Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
William & Mary Law Review
No abstract provided.
Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord
Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord
Popular Media
No abstract provided.
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.
Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.
Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent
Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Faculty Publications
No abstract provided.
Constitutional Displacement, Timothy Zick
Constitutional Displacement, Timothy Zick
Faculty Publications
This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …