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Articles 61 - 62 of 62
Full-Text Articles in Social and Behavioral Sciences
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:
(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;
(b) make increasingly consequential political commitments for the United States on practically any topic;
(c) interpret these obligations and commitments; and
(d) terminate or withdraw from these obligations and commitments.
While others have examined pieces of this …
The Silence Penalty, Jeffrey Bellin
The Silence Penalty, Jeffrey Bellin
Faculty Publications
In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.
This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …