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Articles 1 - 12 of 12
Full-Text Articles in Law
Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum
Executive Deference In U.S. Refugee Law: Internationalist Paths Through And Beyond Chevron, Bassina Farbenblum
Duke Law Journal
No abstract provided.
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
The Arab-Israeli Conflict And Civil Litigation Against Terrorism, Adam N. Schupack
Duke Law Journal
The Arab-Israeli conflict has been a testing ground for the involvement of U.S. courts in foreign conflicts and for the concept of civil litigation against terrorists. Plaintiffs on both sides of the dispute have sought to recover damages in U.S. courts, embroiling the courts in one of the world's most contentious political disputes. Plaintiffs bringing claims against the Palestine Liberation Organization, the Palestinian Authority, material supporters of terrorism, and the Islamic Republic of Iran have been aided by congressional statutes passed precisely to enhance their ability to bring such lawsuits, whereas plaintiffs bringing suit against Israel or Israeli leaders have …
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion
Duke Law Journal
This Note argues that a variety of "private police" forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order …
The Internationalization Of Public Interest Law, Scott L. Cummings
The Internationalization Of Public Interest Law, Scott L. Cummings
Duke Law Journal
This Article describes and explains the influence of global change on American public interest law over the past quarter-century. It suggests that contemporary public interest lawyers, unlike their civil rights-era predecessors, operate in a professional environment integrated into the global political economy in ways that have profound implications for whom they represent, where they advocate, and what sources of law they invoke. The Article provides a preliminary map of this professional environment by tracing the impact of three defining transnational processes on the development of the modem public interest law system: the increasing magnitude and changing composition of immigration, the …
Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson
Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson
Duke Law Journal
No abstract provided.
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Duke Law Journal
No abstract provided.
Do States Socialize?, Jose E. Alvarez
Internalization Through Socialization, Harold Hongju Koh
Internalization Through Socialization, Harold Hongju Koh
Duke Law Journal
No abstract provided.
How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks
How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks
Duke Law Journal
Regime design choices in international law turn on empirical claims about how states behave and under what conditions their behavior changes. Substantial empirical evidence suggests three distinct mechanisms whereby states and institutions might influence the behavior of other states: coercion, persuasion, and acculturation. Several structural impediments preclude effective implementation of coercion- and persuasion-based regimes in human rights law--yet these models of social influence inexplicably predominate in international legal studies. In this Article, we first describe in some detail the salient conceptual features of each mechanism of social influence. We then link each of the identified mechanisms to specific regime design …
The Juvenile Death Penalty And International Law, Curtis A. Bradley
The Juvenile Death Penalty And International Law, Curtis A. Bradley
Duke Law Journal
The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile …
Occupation Of The Womb: Forced Impregnation As Genocide, Siobhan K. Fisher
Occupation Of The Womb: Forced Impregnation As Genocide, Siobhan K. Fisher
Duke Law Journal
No abstract provided.
Encounters On The Frontiers Of International Human Rights Law: Redefining The Terms Of Indigenous Peoples’ Survival In The World, Robert A. Williams Jr.
Encounters On The Frontiers Of International Human Rights Law: Redefining The Terms Of Indigenous Peoples’ Survival In The World, Robert A. Williams Jr.
Duke Law Journal
No abstract provided.