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Full-Text Articles in Law

Getting Past The Imperial Presidency, Deborah Pearlstein Jan 2019

Getting Past The Imperial Presidency, Deborah Pearlstein

Articles

In an age in which the “imperial presidency” seems to have reached its apex, perhaps most alarmingly surrounding the use of military force, conventional wisdom remains fixed that constitutional and international law play a negligible role in constraining executive branch decision-making in this realm. Yet as this Article explains, the factual case that supports the conventional view, based largely on highly selected incidents of presidential behavior, is meaningless in any standard empirical sense. Indeed, the canonical listing of presidential decisions to use force without prior authorization feeds a compliance-centered focus on the study of legal constraint rooted in long-since abandoned …


Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam Apr 2005

Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S., Malvina Halberstam

Articles

No abstract provided.


Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam Jan 2003

Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Articles

No abstract provided.


What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam Jan 1997

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.


The Legality Of Humanitarian Intervention, Malvina Halberstam Jan 1995

The Legality Of Humanitarian Intervention, Malvina Halberstam

Articles

No abstract provided.


The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam Jan 1993

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.


The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam Jan 1991

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Articles

No abstract provided.


Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam Apr 1989

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Articles

No abstract provided.