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Full-Text Articles in Rule of Law
When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study, Frank W. Munger
When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study, Frank W. Munger
Articles & Chapters
This is a case study of the legal practice of a young Thai “cause lawyer.” The study joins a growing number by other scholars who are skeptical of global convergence on a single form of the “rule of law,” and who argue instead that legal development in the new states of Asia and elsewhere will be path-dependent. Though this research examines advocacy by a relatively small group of practitioners, I argue that the study, together with my other case studies of social justice practitioners challenging the authority of government in different ways, provides a window on the development of law’s …
The Rule Of Law And The Military Commission, Stephen J. Ellmann
The Rule Of Law And The Military Commission, Stephen J. Ellmann
Articles & Chapters
This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …