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Full-Text Articles in Law
Patents Absent Adversaries, Sarah R. Wasserman Rajec
Patents Absent Adversaries, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle
Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle
Faculty Publications
This article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of theUNCharter. Instead, they generally focus on legal constraints outside the Charter’s text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article considers how these features of the American restrictivist tradition reflect distinctive characteristics of American legal culture, and it explores the …
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Seeking Inconsistency: Advancing Pluralism In International Criminal Sentencing, Nancy Amoury Combs
Faculty Publications
No abstract provided.