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Full-Text Articles in Law

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts Jan 1990

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


The United States Of America, Champion Of The Rule Of Law Or The New World Order?, Jeffrey F. Addicott Jan 1990

The United States Of America, Champion Of The Rule Of Law Or The New World Order?, Jeffrey F. Addicott

Faculty Articles

The New World Order was to herald in a new era in international affairs. It was to be an era of collective security sponsored and reinforced by the United Nations. In reality, however, the natural desire to enlarge the New World Order has quickly met with failure.

As the failures of the New World Order mount, the phrase loses its power. No peace movement has ever been premised on maintaining a strong and viable military, and no proponent of the New World Order can ever hope to be immune from the wishful thinking of those who demand the dismantling of …


The Rule Of Law And The Rule Of Laws, David F. Forte Jan 1990

The Rule Of Law And The Rule Of Laws, David F. Forte

Cleveland State Law Review

The thesis of this article is that, for the Rule of Law to be maintained in a modern technological society, the legal system must affirmatively tolerate a range of justifiable non-compliance. I begin with a rather strong definition of the Rule of Law, one that encompasses not merely the procedural desiderata of Lon Fuller, but also the notion that the Rule of Law has a substantive content (the common good) and that it necessarily binds the rulers as well as the ruled. I posit as an opposite phenomenon to the Rule of Law, the rule of laws, or the term …