Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Clean Water Act (1)
- Concurrence (1)
- Constitutional Interpretation (1)
- Courts (1)
- Dissent (1)
-
- Environmental Law (1)
- Foreign Policy (1)
- International Law (1)
- International Law and International Relations (1)
- International Relations (1)
- Jurisprudence (1)
- Law and Economics (1)
- Marks (1)
- Persuasion (1)
- Plurality (1)
- Precedent (1)
- Rapanos (1)
- Soft Power (1)
- Stare Decisis (1)
- Statutory Interpretation (1)
- Terrorism (1)
- Translations (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
Donald J. Kochan
The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …