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The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


“Nede Hath No Law”: The State Of Exception In Gower And Langland, Conrad J. van Dijk 2015 Concordia University of Edmonton

“Nede Hath No Law”: The State Of Exception In Gower And Langland, Conrad J. Van Dijk

Accessus

This article discusses the use of the legal maxim necessity knows no law in the works of William Langland and John Gower. Whereas Langland’s usage has stirred up great controversy, Gower’s unique application of the canon law adage has received hardly any attention. On the surface, it is difficult to think of two authors less alike, and the way in which they relate the concept of necessity to different subjects (the poverty debate, fin amour) seems to support that feeling. Yet this article argues that reading Langland and Gower side by side is mutually illuminating. Specifically, this article ...


Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith 2015 University of Pennsylvania Law School

Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith

Faculty Scholarship

In 1995, Louis Henkin wrote a famous piece in which he suggested that the process of human rights treaty ratification was haunted by “the ghost of Senator Bricker” – the isolationist Senator who in the 1950s had waged a fierce assault on the treaty power, especially with regard to human rights treaties. Since that time, Senator Bricker’s ghost has proved even more real. Professor Henkin’s concern was with how the United States ratified human rights treaties, and specifically with the packet of reservations, declarations, and understandings (RUDs) attached by the Senate in giving its advice and consent. Today, the ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith 2015 University of Pennsylvania Law School

What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

Faculty Scholarship

Restatement (Second) and Restatement (Third) of Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles they set forth are broadly ...


Impaled On Morton's Fork: Kosovo, Crimea, And The Sui Generis Circumstance, christopher robert rossi 2015 University of Iowa College of Law

Impaled On Morton's Fork: Kosovo, Crimea, And The Sui Generis Circumstance, Christopher Robert Rossi

christopher robert rossi

Abstract: This Article investigates the problematic invocation of unique circumstances as a justification for circumventing the international law relating to use of force and state secession. Borrowing from the teachings of critical sociology, this Article addresses the lessons of NATO’s 1999 intervention in Kosovo and Kosovo’s 2008 declaration of independence from Serbia; it adapts those teachings to Russia’s 2014 annexation of Crimea. Doctrinal, state-sponsored, and international juridical attempts to conform the Kosovo events to the international rule of law mask internal and unreconciled tensions within the Charter system. These tensions, which threaten to further weaken the system ...


The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash 2015 University of Virginia Law School

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash

Michigan Law Review

With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented ...


“Supreme” Courts And The Imagination Of The Real: An Essay In Honor Of Mirjan Damaška, Oscar G. Chase 2015 NYU School of Law

“Supreme” Courts And The Imagination Of The Real: An Essay In Honor Of Mirjan Damaška, Oscar G. Chase

New York University Public Law and Legal Theory Working Papers

In Local Knowledge, Fact and Law in Comparative Perspective, Clifford Geertz brought his interpretive method of cultural analysis to bear on the relationship between local systems of law and the cultures in which they are situated. Geertz’ argument can be summed up by his aphorism: “Law is but part of a distinctive manner of imagining the real.” I explore this puzzling statement by examining the role of supreme courts in constructing and maintaining the “imagined real” of the society in which they function. Using the Supreme Court of the United States as my principal example I claim that these courts ...


Foreword: “Law As . . .” Iii—Glossolalia: Toward A Minor (Historical) Jurisprudence, Christopher Tomlins 2015 UC Berkeley Law

Foreword: “Law As . . .” Iii—Glossolalia: Toward A Minor (Historical) Jurisprudence, Christopher Tomlins

UC Irvine Law Review

No abstract provided.


Colonialism And Constitutional Memory, Aziz Rana 2015 Cornell University Law School

Colonialism And Constitutional Memory, Aziz Rana

UC Irvine Law Review

No abstract provided.


The Indigenous As Alien, Leti Volpp 2015 UC Berkeley Law

The Indigenous As Alien, Leti Volpp

UC Irvine Law Review

No abstract provided.


As If—Law, History, Ontology, Stewart Motha 2015 Birkbeck, University of London

As If—Law, History, Ontology, Stewart Motha

UC Irvine Law Review

No abstract provided.


Speaking Imperfectly: Law, Language, And History, Marianne Constable 2015 UC Berkeley Law

Speaking Imperfectly: Law, Language, And History, Marianne Constable

UC Irvine Law Review

No abstract provided.


Law, Literature, And History: The Love Triangle, Bernadette Meyler 2015 Stanford Law School

Law, Literature, And History: The Love Triangle, Bernadette Meyler

UC Irvine Law Review

No abstract provided.


Law, Science, And The Economy: One Domain?, David S. Caudill 2015 Villanova University

Law, Science, And The Economy: One Domain?, David S. Caudill

UC Irvine Law Review

No abstract provided.


History, Law, And Justice: Empirical Method And Conceptual Confusion In The History Of Law, Constantin Fasolt 2015 University of Chicago

History, Law, And Justice: Empirical Method And Conceptual Confusion In The History Of Law, Constantin Fasolt

UC Irvine Law Review

No abstract provided.


The Laws Of The Sabbath (Poetry): Arendt, Heine, And The Politics Of Debt, Bonnie Honig 2015 Brown University

The Laws Of The Sabbath (Poetry): Arendt, Heine, And The Politics Of Debt, Bonnie Honig

UC Irvine Law Review

No abstract provided.


From Rites To Realities (And Back Again): The Spectacle Of Human Rights In The Hunger Games, William P. MacNeil 2015 Griffith Law School, Brisbane, Queensland

From Rites To Realities (And Back Again): The Spectacle Of Human Rights In The Hunger Games, William P. Macneil

UC Irvine Law Review

No abstract provided.


Afterword: Office And The Conduct Of The Minor Jurisprudent, Shaun McVeigh 2015 Melbourne University Law School

Afterword: Office And The Conduct Of The Minor Jurisprudent, Shaun Mcveigh

UC Irvine Law Review

No abstract provided.


The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Mike C. Materni 2015 Harvard University

The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Mike C. Materni

Mike C Materni

Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy; but rather, in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the ...


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