Law Commons^™

“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd

Indiana Law Journal

This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.

Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: The Concept Of Custom In International Law. By Anthony A. D’Amato. Ithaca & London: Cornell University Press, 1971. Pp. Xvi, 286. $9.50., John F. T. Murray

Georgia Journal of International & Comparative Law

No abstract provided.

The Road To The Gettysburg Address, Alfred L. Brophy

Florida State University Law Review

This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …

Absolute Conflicts Of Law, Anthony J. Colangelo

Indiana Law Journal

This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.

The Article then proposes solutions to absolute conflicts that center on the rule of law …

Can The Constitutional Court Of The Russian Federation Lead The Way To The Creation Of A True Democratic Society In The New Russian In The 21st Century?, Shawn S. Cullinane

Touro Law Review

No abstract provided.

Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry

Northwestern University Law Review

The dominant strain of law and development theory holds that strong property rights are a necessary condition for economic growth. Nonetheless, China has experienced thirty years of frenetic growth absent strong property rights. This Note explores this phenomenon through an analysis of a unique corporate form that has come to underlie most of the publicly traded Chinese Internet sector—the Variable Interest Entity (VIE). The VIE is, at its core, a series of contracts designed to mimic “true” ownership. As such, the VIE problematizes law and development theory in two primary ways. First, the contract-based ownership system does not provide the …

Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson

Case Western Reserve Journal of International Law

Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …

Protest Is Different, Jessica L. West

University of Richmond Law Review

No abstract provided.

The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy’S Unbearable Licence, Jocelyn Stacey

Osgoode Hall Law Journal

This short reply clarifies and defends the argument presented in “The Environmental Emergency and the Legality of Discretion in Environmental Law.” It responds to the arguments that were made, and that could have been made, in Pardy’s critique “An Unbearable Licence.” The reply further develops the public-justification conception of the rule of law, arguing that it is at home within Canadian public law. It also argues that this conception of the rule of law highlights possibilities for future research directions in Canadian environmental law.