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The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman Oct 2014

The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman

Georgia Journal of International & Comparative Law

No abstract provided.


The Judge And The Drone, Justin Desautels-Stein Jan 2014

The Judge And The Drone, Justin Desautels-Stein

Articles

Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the ...