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Full-Text Articles in Rule of Law

Can The Rule Of Law Survive Trump?, Rebecca Roiphe Jun 2018

Can The Rule Of Law Survive Trump?, Rebecca Roiphe

Other Publications

This post originally appeared on https://www.nybooks.com/daily/2018/06/01/can-the-rule-of-law-survive-trump/


The Life Of The Law Cannot Be Coded, Rebecca Roiphe Jan 2018

The Life Of The Law Cannot Be Coded, Rebecca Roiphe

Other Publications

No abstract provided.


When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study, Frank W. Munger Mar 2015

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 Jan 2007

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 …


Precedent, Super-Precedent, Michael B.W. Sinclair Jan 2007

Precedent, Super-Precedent, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann Jan 2006

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

No abstract provided.


The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann Jan 2005

The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann

Articles & Chapters

How did Justice Stanley Reed come to join the Supreme Court's unanimous decision in Brown v. Board ofEducation? It is clear from the historical record that Reed's first inclination was to uphold the constitutionality of racially segregated education, and clear as well that in the end he put this inclination aside and joined, without any public qualification, in the Court's decision banning segregation. Perhaps Reed changed his mind about the meaning of the constitution; perhaps he changed his mind about the legitimacy of judges' making social policy in the name of the constitution; perhaps he decided to uphold the Supreme …


The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck Jan 2005

The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck

Articles & Chapters

Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …


Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch Jan 2003

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

NYLS Law Review

No abstract provided.


Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes Jan 2003

Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes

NYLS Law Review

No abstract provided.


The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro Jan 2003

The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro

NYLS Law Review

No abstract provided.


What Is The “R” In “Irac”?, Michael B. W. Sinclair Jan 2003

What Is The “R” In “Irac”?, Michael B. W. Sinclair

NYLS Law Review

No abstract provided.


The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair Jan 2002

The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56 Jan 1993

Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56

Constitutional Law

No abstract provided.


Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56 Jan 1989

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.