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Full-Text Articles in Law
Judicious Influence: Non-Self-Executing Treaties And The Charming Betsy Canon, Rebecca Crootof
Judicious Influence: Non-Self-Executing Treaties And The Charming Betsy Canon, Rebecca Crootof
Law Faculty Publications
Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute permits more than one construction, judges have a number of interpretive tools at their disposal. One of these is the Charming Betsy canon, which encourages judges to select an interpretation of an ambiguous statute that accords with U.S. international obligations -including those expressed in non-self-executing treaties. This Note concludes that the judicial practice of giving indirect force to all treaties through the Charming Betsy canon is both justified and beneficial.
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
University of Richmond Law Review
No abstract provided.
Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof
Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof
University of Richmond Law Review
Rather than building the case for modal retributivism from the ground up, this article takes the existing components of retributive thought and reassembles them into a sounder structure. The cogency of the argument against harm-based retributivism andthe appeal of modal retributivism will likely be strongest forthose who allow reason, as opposed to intuition, a leading role in resolving moral issues.