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Full-Text Articles in Law
Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin
Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin
Cornell Law Faculty Publications
When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear. To …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
Who Is The "Sovereign" In Sovereign Debt?: Reinterpreting A Rule-Of-Law Framework From The Early Twentieth Century, Odette Lienau
Who Is The "Sovereign" In Sovereign Debt?: Reinterpreting A Rule-Of-Law Framework From The Early Twentieth Century, Odette Lienau
Cornell Law Faculty Publications
Combining legal interpretation with political science analysis, this Article highlights the competing "statist" and "popular" conceptions of sovereignty at stake in sovereign debt issues. It argues that these two dominant approaches do not exhaust the offerings of intellectual history and considers an alternative approach that emerged in the early twentieth century and may be of relevance again today. The Article contends that U.S. Chief Justice Taft's foundational 1923 "Tinoco" decision, which grounds the current approach to sovereign governmental recognition, has been misinterpreted to support a purely statist or absolutist conception of sovereignty. It argues that a proper interpretation presents an …
The European Constitution And Its Implications For China, Xingzhong Yu
The European Constitution And Its Implications For China, Xingzhong Yu
Cornell Law Faculty Publications
The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …
Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler
Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler
Cornell Law Faculty Publications
This article examines the dramatic character of King James I’s reaction to the 1605 Gunpowder Plot - the first act of terrorism in the West - and his attempts both to inscribe the unprecedented crime within the conventional structure of revenge tragedy and to interpret the event according to a model of tragicomedy indebted to John of Patmos' apocalyptic Revelation. On account of applying these cultural and religious paradigms, the King suggested that Parliament be entrusted with judging the conspirators, thus imaginatively displacing his sovereignty onto it.