Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Dangerous Clients: A Phenomenological Solution To Bureaucratic Oppression, Edward L. Rubin
Dangerous Clients: A Phenomenological Solution To Bureaucratic Oppression, Edward L. Rubin
All Faculty Scholarship
Modern administrative agencies are often unnecessarily oppressive in their day-to-day contact with people. This article traces such oppression to status differences between agency employees and clients, their relationship as strangers to one another, the institutional pathologies of the agency and the divergent incentives to which the agency employees are subject. The article then considers three solutions to this problem that have been discussed in the academic literature regarding government agencies: the imposition of due process requirements, the shift to client-centered management, and the use of market or quasi-market mechanisms. After critiquing all three solutions, the article proposes a new approach, …
Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown
Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown
All Faculty Scholarship
No abstract provided.
Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer
Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin
The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin
All Faculty Scholarship
On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants." The cases arose from the "war on terrorism" that was launched after the attack on the United States on September 11, 2001. When each decision is looked at individually, the result seems to make sense and, given the outcome (affording detainees rights of judicial review), feels good. Yet when these decisions are looked at collectively, it is hard to believe that they were issued by …