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States' Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
States' Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
Akron Law Review
The southern states did not leave the Union because the national government was trampling on their “rights.” The states that left the union never asserted that they were being denied their “states’ rights” —that the national government had obliterated the lines been between national power and state power. Nor did the southern states complain that the national government was too powerful and so it threatened the sovereignty of the state governments. On the contrary, as I set out below, the southern states mostly complained that the northern states were asserting their states’ rights and that the national government was not …
Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan
Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan
Akron Law Review
A preface to the four papers presented at the Annual Meeting of the Section on Legal History, American Association of Law Schools, held on January 7, 2011, in San Francisco.
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …