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Full-Text Articles in Rule of Law

Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh Mar 2011

Procedural Justice Post-9/11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy, David Welsh

The University of New Hampshire Law Review

[Excerpt] “The Global War on Terror has been ideologically framed as a struggle between the principles of freedom and democracy on the one hand and tyranny and extremism on the other. Although this war has arguably led to a short-term disruption of terrorist threats such as al-Qaeda, it has also damaged America’s image both at home and abroad. Throughout the world, there is a growing consensus that America has “a lack of credibility as a fair and just world leader.” The perceived legitimacy of the United States in the War on Terror is critical because terrorism is not a conventional …


Mainstreaming Gender In Rule Of Law Initiatives In Post-Conflict Settings, Eve M. Grina Feb 2011

Mainstreaming Gender In Rule Of Law Initiatives In Post-Conflict Settings, Eve M. Grina

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Collective Choice, Justin Schwartz Jan 2011

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …


Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce Dec 2010

Global Artificial Photosynthesis: A Scientific And Legal Introduction., Thomas A. Faunce

Thomas A Faunce

With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis – the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years – transforming sunlight, water …


On Equality: The Anti-Interference Principle, Donald J. Kochan Dec 2010

On Equality: The Anti-Interference Principle, Donald J. Kochan

Donald J. Kochan

This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …