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Open Access. Powered by Scholars. Published by Universities.®

2009

Journal

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Vanderbilt University Law School

Rule of law

Articles 1 - 2 of 2

Full-Text Articles in Law

Samuel Chase: In Defense Of The Rule Of Law And Against The Jeffersonians, Stephen B. Presser Mar 2009

Samuel Chase: In Defense Of The Rule Of Law And Against The Jeffersonians, Stephen B. Presser

Vanderbilt Law Review

Samuel Chase is not exactly unknown. Indeed, as the only U.S. Supreme Court Justice to be impeached, he achieved a sort of instant fame, or instant infamy. He is, I think, fairly characterized as a "neglected Justice," however, because, in our exclusive focus on his impeachment, we tend to forget that he did possess considerable intelligence, virtue, legal ability, and energy that make him worth our study. His life is also something of an object lesson in how a judge's self-destructive tendencies can harm his reputation. As Richard Peters, his colleague on the Pennsylvania Circuit Court remarked, Chase had a …


Unaccountable? The United Nations, Emergency Powers, And The Rule Of Law, Simon Chesterman Jan 2009

Unaccountable? The United Nations, Emergency Powers, And The Rule Of Law, Simon Chesterman

Vanderbilt Journal of Transnational Law

For a body committed to the rule of law in theory, the applicability of the rule of law to the United Nations in practice remains oddly unclear. This Article will not consider the personal responsibility of UN officials, who generally enjoy personal or functional immunity from legal process in the territories where they work. Rather the focus of this Article is on the quasi-constitutional question of the liability of the organization itself. As the United Nations has assumed more state-like functions-in particular through the coercive activities of its Security Council--the question of what limits exist on the powers thus exercised …