Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Agency costs (1)
- Canada (1)
- Center for Constitutional Rights (1)
- Civil liberties (1)
- Community policing and prosecution (1)
-
- Comparative and Foreign Law (1)
- Constitutional rights (1)
- Counterterrorism policies (1)
- Criminal law and procedure (1)
- Democracy (1)
- Equality (1)
- Equity in punishment (1)
- Germany (1)
- Guantanamo detainees (1)
- Habeas cases (1)
- Housing (1)
- Human Rights Law (1)
- Human rights (1)
- Impact litigation (1)
- International Law (1)
- International law (1)
- Law Enforcement and Corrections (1)
- Law and Society (1)
- Law and social change (1)
- Lay participation in criminal justice (1)
- Localism (1)
- Nicola Lacey (1)
- Politics (1)
- Presidential powers (1)
- Preventive detention (1)
- Publication
- Publication Type
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Law Enforcement and Corrections
Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Roslyn Fuller, Sandeep Gopalan
Enforcing International Law: States, Ios, And Courts As Shaming Reference Groups, Roslyn Fuller, Sandeep Gopalan
Roslyn Fuller
We seek to answer the question as to whether international law imposes meaningful constraints on state behaviour. Unabated drone strikes by the dominant superpower in foreign territories, an ineffective United Nations, and persistent disregard for international law obligations, as evidenced by states killing their own citizens, all suggest that the sceptics have won the debate about whether international law is law and whether it affects state behaviour. We argue that such a conclusion would be in error because it grossly underestimates the complex ways in which IL affects state behaviour. We argue that scholars who claim that the lack of …
Criminal (In)Justice And Democracy In America, Stephanos Bibas
Criminal (In)Justice And Democracy In America, Stephanos Bibas
All Faculty Scholarship
This essay responds to Nicola Lacey’s review of my recent book The Machinery of Criminal Justice (Oxford Univ. Press 2012). Lacey entirely overlooks the book’s fundamental distinction between making criminal justice policy wholesale and adjudicating deserved punishment at the retail level, in individual cases, which is quite consistent with keeping but tempering rules. She also undervalues America’s deep commitments to federalism, localism, and democratic self-government and overlooks the related problem of agency costs in criminal justice. Her top-down approach colors her desire to pursue equality judicially, to the exclusion of the political branches. Finally, Lacey denigrates the legitimate roles of …
The Field In Ireland In 2014, Tom Dunne
The Field In Ireland In 2014, Tom Dunne
Articles
Repossessions are an important part of recovery in the housing market
Victory Without Success? – The Guantanamo Litigation, Permanent Preventive Detention, And Resisting Injustice, Jules Lobel
Victory Without Success? – The Guantanamo Litigation, Permanent Preventive Detention, And Resisting Injustice, Jules Lobel
Articles
When the Center for Constitutional Rights (CCR) brought the first habeas cases challenging the Executive’s right to detain prisoners in a law free zone at Guantanamo in 2002, almost no legal commentator gave the plaintiffs much chance of succeeding. Yet, two years later in 2004, after losing in both the District Court and Court of Appeals, the Supreme Court in Rasul v. Bush handed CCR a resounding victory. Four years later, the Supreme Court again ruled in CCR’s favor in 2008 in Boumediene v. Bush, holding that the detainees had a constitutional right to habeas and declaring the Congressional …