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Full-Text Articles in Rule of Law

Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan Dec 2018

Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan

Donald J. Kochan

The requirement that agencies give reasons for their actions and in support of their interpretations in administrative law serves important Rule of Law values. It forces agencies to consider how and whether their actions can be justified and provides a means of accountability, allowing the public to judge the agency actions by the reasons offered. One of the areas where reason-giving is most debated is in the face of a new administration that seeks to alter, amend, or repeal a rule that has already gone through the strenuous notice and comment rulemaking process. Administrative law allows such changes so long …

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The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley Nov 2015

The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley

Malcolm Feeley

No abstract provided.

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Just Disagreement: Indeterminacy And Rationality In The Rule Of Law, Christopher L. Kutz Apr 2015

Just Disagreement: Indeterminacy And Rationality In The Rule Of Law, Christopher L. Kutz

Christopher Kutz

No abstract provided.

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The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan Dec 2013

The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan

Erin Ryan

In recent decades, the eyes of the world have been trained on China’s remarkable feats of rapid economic development. Yet the enormous environmental toll associated with China’s growth has also drawn global attention, as Chinese air and water quality plummet to historic lows. Epic levels of environmental degradation have fueled a growing domestic consensus that China must do better at reconciling these competing goals. This article reviews the contemporary challenges facing the second wave of environmental governance in China (with an addendum addressing important environmental law amendments enacted as it went to press). In the first wave of environmental governance, …

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The Inevitability Of Practical Reason: Statutes, Formalism, And The Rule Of Law, Daniel A. Farber Sep 2013

The Inevitability Of Practical Reason: Statutes, Formalism, And The Rule Of Law, Daniel A. Farber

Daniel A Farber

No abstract provided.

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Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen Sep 2013

Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen

Laurel E. Fletcher

Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system …

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The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston Sep 2013

The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston

Catherine R. Albiston

This article expands upon the idea that repeat players influence the development of law by settling cases they are likely to lose and litigating cases they are likely to win. Through empirical analysis of judicial opinions interpreting the Family and Medical Leave Act, it shows how the rule-making opportunities in the litigation process affect the development of law and the judicial determination of statutory rights. In addition, the article explains how early judicial opinions might influence later judicial interpretations of the law. Although individuals may successfully mobilize the law to gain benefits in their disputes, that success often removes their …

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