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Full-Text Articles in Law
International Courts & Judicial Affairs, Sara L. Ochs, Paula Henin, Paola Patarroyo, Haydee Dijkstal, Ira Trako, Kabir Duggal, Chloe Fletcher, Alexander Witt, Marc Weitz
International Courts & Judicial Affairs, Sara L. Ochs, Paula Henin, Paola Patarroyo, Haydee Dijkstal, Ira Trako, Kabir Duggal, Chloe Fletcher, Alexander Witt, Marc Weitz
All Faculty Scholarship
This chapter reviews some of the most significant developments made by international courts and tribunals in 2020.
I. International Court of Justice As of the time of writing (November 2020), this year, the International Court of Justice (Court) has rendered one order on provisional measures, two judgments on appeals from decisions of the International Civil Aviation Organization (ICAO) Council, and two orders relating to expert evidence.
A Review Of “How Judges Think” By Richard A Posner, Chad Flanders
A Review Of “How Judges Think” By Richard A Posner, Chad Flanders
All Faculty Scholarship
This is a short review of How Judges Think by Richard Posner.
Bush V. Gore And The Uses Of 'Limiting', Chad Flanders
Bush V. Gore And The Uses Of 'Limiting', Chad Flanders
All Faculty Scholarship
My comment looks at the debate in the 6th Circuit case Stewart v. Blackwell in light of the history of the use of "limiting language" by the Supreme Court. I catalog the Court's past uses of limiting language, and distinguish between the Court's several uses of limiting language. Against those who defend the limiting language of Bush v. Gore as simply an example of innocuous minimalism, I report my findings that "limiting" is always used by the Court to nullify a principle that decided a previous case. Additionally, the Court has never, prior to Bush, used limiting language to limit …