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Full-Text Articles in International Relations
Anti-Modalities, David E. Pozen, Adam Samaha
Anti-Modalities, David E. Pozen, Adam Samaha
Faculty Scholarship
Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …
Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate
Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate
Faculty Scholarship
Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …