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Full-Text Articles in Law

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii Jan 2019

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii

Faculty Publications & Other Works

This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …


Social Justice And The American Law School Today: Since We Are Made For Love, Michael J. Kaufman Jan 2017

Social Justice And The American Law School Today: Since We Are Made For Love, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez Jan 2017

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger Jan 2017

Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii Jan 2016

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Mission Creep Or A Search For Relevance: The East African Court Of Justice’S Human Rights Strategy, James T. Gathii Jan 2013

Mission Creep Or A Search For Relevance: The East African Court Of Justice’S Human Rights Strategy, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Beyond China’S Human Rights Exceptionalism In Africa: Leveraging Science, Technology And Engineering For Long-Term Growth, James T. Gathii Jan 2013

Beyond China’S Human Rights Exceptionalism In Africa: Leveraging Science, Technology And Engineering For Long-Term Growth, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J. Jan 2012

Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.


Introduction: Gats And Human Rights, James T. Gathii Jan 2010

Introduction: Gats And Human Rights, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Defining The Relationship Between Human Rights And Corruption, James T. Gathii Jan 2009

Defining The Relationship Between Human Rights And Corruption, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Liberty: A Human Right, Or A Citizen Right, Jerry E. Norton Jan 2005

Liberty: A Human Right, Or A Citizen Right, Jerry E. Norton

Faculty Publications & Other Works

No abstract provided.


Messages From Strasbourg: Lessons For American Courts From The Highest Volume Human Rights Court In The World - The European Court Of Human Rights, Allen E. Shoenberger Jan 2005

Messages From Strasbourg: Lessons For American Courts From The Highest Volume Human Rights Court In The World - The European Court Of Human Rights, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii Jan 2002

Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii

Faculty Publications & Other Works

No abstract provided.