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Articles 1 - 10 of 10

Full-Text Articles in Law

Inefficient Customs In International Law, Eugene Kontorovich Dec 2006

Inefficient Customs In International Law, Eugene Kontorovich

William & Mary Law Review

This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent ...


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.


Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein Apr 2006

Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein

Popular Media

No abstract provided.


Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer Apr 2006

Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer

William & Mary Law Review

In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer its definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer an unequivocal answer. This Article focuses on the Court's plurality opinion, and particularly on its conclusion that judicially manageable standards are wanting in this area. This conclusion is implausible and masks the real question at the heart of the case. The Vieth plurality is best understood by examining the Court's political and prudential concerns as cabined by the political question doctrine. One understanding is simply that the ...


Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi Apr 2006

Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi

William & Mary Bill of Rights Journal

No abstract provided.


Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr. Feb 2006

Negligence And Nuclear Nonproliferation: Eliminating The Current Liability Barrier To Bilateral U.S.- Russian Nonproliferation Assistance Programs, Patrick F. Speice Jr.

William & Mary Law Review

No abstract provided.


Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans Feb 2006

Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans

William & Mary Environmental Law and Policy Review

No abstract provided.


Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn Feb 2006

Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps Feb 2006

Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Jan 2006

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of ...