Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Adjudicative units (1)
- Article 2(4) (1)
- Bias crimes (1)
- Bias offenses (1)
- Bias-motivated crimes (1)
-
- Civil rights laws (1)
- Correctness (1)
- Discrimination (1)
- En banc process (1)
- Erroneous panel decisions (1)
- Federal Hate Crimes Sentencing Enhancement Act (1)
- Federal court of appeals (1)
- Federal vulnerable victim sentence adjustment (1)
- Global hegemony (1)
- Hate crimes (1)
- Humanitarian intervention (1)
- International law (1)
- Kosovo (1)
- Limitations (1)
- Military intervention (1)
- NATO (1)
- Ninth circuit court of appeals (1)
- Panel errors (1)
- Penalty enhancement (1)
- Restructuring (1)
- Sentencing (1)
- State bias crime laws (1)
- Structural alternatives (1)
- U.N. Charter (1)
- U.N. Security Council (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Articles
The 1999 U.S.-led, NATO-assisted air strike against Yugoslavia has been extolled by some as leading to the creation of a new rule of international law permitting nations to undertake forceful humanitarian intervention where the Security Council cannot act. This view posits the United States as a benevolent hegemon militarily intervening in certain circumstances in defense of such universal values as the protection of human rights. This article challenges that view. NATO's Kosovo intervention does not represent a benign hegemony introducing a new rule of international law. Rather, the United States, freed from Cold War competition with a rival superpower, is …
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Articles
The federal approach to punishing bias-motivated crimes is more limited than the state approach. Though the federal and state methods overlap in some respects, two features of the federal approach restrict its range of application. First, federal law prohibits a narrower range of conduct than do most state bias crimes laws. In order to be punishable under federal law, bias-motivated conduct must either constitute a federal crime or interfere with a federally protected right or activity-requirements that exclude racially motivated assault, property damage and many other common violent or destructive bias offenses. In most states, however, hate crimes encompass a …
Getting It Right: Panel Error And The En Banc Process In The Ninth Circuit Court Of Appeals, Arthur D. Hellman
Getting It Right: Panel Error And The En Banc Process In The Ninth Circuit Court Of Appeals, Arthur D. Hellman
Articles
"Why are judges [who are] so good making so many errors?"
That question, posed at a hearing of the Senate Judiciary Committee in July 1999, nicely captures one of the principal arguments made in the Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals. The Commission, chaired by retired Supreme Court Justice Byron White, recommended that Congress divide the existing Ninth Circuit Court of Appeals into three "adjudicative divisions," each of which would operate almost as an independent appellate court. Restructuring is necessary, the Commission said, because "the law-declaring function of appellate courts requires groups …