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Appendix: The Sleeves From Our Vest: Naming A Perpetuities Non-Event, Mark Reutlinger, John Weaver
Appendix: The Sleeves From Our Vest: Naming A Perpetuities Non-Event, Mark Reutlinger, John Weaver
Faculty Articles
Professors Mark Reutlinger and John Weaver examine the conceptual dilemma that Professor Reutlinger encountered in the course of developing the series of diagrams to illustrate the Rule Against Perpetuities described in the accompanying article. To describe it briefly (if not simply), the perpetuities period for a special or testamentary power of appointment begins when the power is created (not exercised), and it ends when the appointed interest vests. Applying the "relation back" doctrine, the appointment is treated, for perpetuities purposes, as if it were a gift by the donor, rather than the donee. Under the "second look" doctrine, however, one …
Jurisprudence Of Successful Treason: Coup D'Etat & Common Law, Tayyab Mahmud
Jurisprudence Of Successful Treason: Coup D'Etat & Common Law, Tayyab Mahmud
Faculty Articles
The first part of this article is a survey of all known judicial responses to coups d'etat in post colonial common law settings. Although these different coups unfolded in diverse contexts the courts validated all incumbent usurper regimes with one exception. Kelsen's theory of revolutionary legality furnished the primary doctrinal vehicle to reach this result. While some courts adopted Kelsen's proposition that efficacy of a coup bestows validity in an unadulterated form, others modified this with or substituted it by doctrines of state necessity, implied mandate, and public policy. Following Kelsen, they fail to distinguish between legitimacy and validity of …