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Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
The Device Of Fiction In Public International Law, Jean J. A. Salmon
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris
The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Richard A. Falk
The Place Of Policy In International Law, Richard A. Falk
Georgia Journal of International & Comparative Law
No abstract provided.
Samantar And Executive Power, Peter B. Rutledge
Samantar And Executive Power, Peter B. Rutledge
Scholarly Works
This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
Scholarly Works
References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.
But what does it really …