In (Faint) Praise Of The Large Aps: Comments On Marc Galanter, Planet Of The Aps, Meir Dan-Cohen
Oct 2017
In (Faint) Praise Of The Large Aps: Comments On Marc Galanter, Planet Of The Aps, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh
Oct 2017
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh
Charles C. Jalloh
This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the …
The Many Saliences Of Justice Michael D. Ryan: A Comparative Empirical Analysis Of Concepts Of Salience As Applied In State Appellate Courts, Scott Devito
Dec 2016
The Many Saliences Of Justice Michael D. Ryan: A Comparative Empirical Analysis Of Concepts Of Salience As Applied In State Appellate Courts, Scott Devito
Scott DeVito
This Essay began as an effort to honor the work of the late Arizona Supreme Court Justice Michael D. Ryan by examining the impact of his work on Arizona law through the lens of his “most important” opinions. As with all things touched by Justice Ryan it has become something greater than its initial purpose. The Author began this project by surveying three hundred seven Arizona judges about Justice Ryan’s published opinions. The results of this survey were quite surprising. Rather than identifying a common core of important opinions, the survey identified two mutually exclusive sets of important opinions: one …
Stephenmfeldmanpostmodern.Pdf, Stephen M. Feldman
Dec 2016
Stephenmfeldmanpostmodern.Pdf, Stephen M. Feldman
Stephen M. Feldman
Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. In particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …
Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman
Dec 2016
Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman
Stephen M. Feldman
Postmodern jurisprudence was all the rage in the 1990s. Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves--independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article. Then Fish and Schlag turned on each other. Each attacked the other for making the same mistake: harboring a modernist self. I revisit this skirmish for two reasons. First, it helps explain the current moribund state of postmodern jurisprudence. If two of the leading postmodernists could not avoid embedding …