Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (2)
- Entertainment, Arts, and Sports Law (2)
- International Law (2)
- Judges (2)
- Jurisprudence (2)
-
- Accounting Law (1)
- Administrative Law (1)
- Admiralty (1)
- Agency (1)
- Agriculture Law (1)
- Air and Space Law (1)
- Animal Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Common Law (1)
- Communications Law (1)
- Computer Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Construction Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Institution
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Legal History
The Art Of International Law, Hilary Charlesworth
The Art Of International Law, Hilary Charlesworth
American University Law Review
International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
Abandoning Animus, Robert L. Tsai
Abandoning Animus, Robert L. Tsai
Faculty Scholarship
This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Seattle University Law Review
Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …