Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
The Judicial Expansion Of American Exceptionalism, Rachel Lopez
The Judicial Expansion Of American Exceptionalism, Rachel Lopez
Rachel E. López
In the modern era, there is a growing sentiment that when the gravest human rights violations occur, the international community has a “responsibility to protect” the victims if the victims’ own government is unwilling or unable to do so. While much of the scholarship on the responsibility to protect focuses on the international community’s ability to engage in military intervention, the doctrine actually provides a menu of options that intervening States can employ to prevent serious abuses of human rights, including, notably for the purposes of this article, legal accountability in judicial fora. States thus have greater latitude than ever …
Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May
Aep V. Connecticut And The Future Of The Political Question Doctrine, James R. May
James R. May
No abstract provided.
Climate Change, Constitutional Consignment, And The Political Question Doctrine, James R. May
Climate Change, Constitutional Consignment, And The Political Question Doctrine, James R. May
James R. May
Recently states and individuals have turned to federal common law causes of action to provide equitable and legal relief for climate change. Thus far, every federal court to consider these claims has held that they raise non-justiciable political questions consigned to the coordinate branches. These courts reason that federal courts lack jurisdiction over climate cases because climate change is textually committed elsewhere, there are no judicial standards to apply, and the elected branches have yet to render an initial policy determination about the subject. This article concludes that these courts either misapply or misapprehend the doctrine. It concedes that federal …