Rule of Law Commons^™

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …

El Salvador At The Crossroads: Crimes Against Humanity Under The Public Security Policy, Susana L. Sacouto, Claudia Martin, Gino Costa, Santiago Canton, Jose Antonio Guevara

Research Reports & White Papers

The International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) presents its final report entitled: “El Salvador at the Crossroads: Crimes against Humanity under the Public Security Policy.”

GIPES was formed with the aim of investigating the alleged serious human rights violations taking place in the context of the State of Exception public security policy that has been in place of El Salvador since March 2022 and determining whether they might constitute crimes against humanity. The group is made up of five internationally recognized jurists: Susana SáCouto, …

Prof. Andrew Hammond Appointed To Seventh Circuit Advisory Committee On Circuit Rules, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Andrew Hammond, Professor of Law and Harry T. Ice Faculty Fellow at Indiana University Maurer School of Law, has been appointed to the Advisory Committee on Circuit Rules for the U.S. Court of Appeals for the Seventh Circuit.

“I am honored to serve on the Seventh Circuit’s Advisory Committee on Circuit Rules,” Hammond said. “My first job out of law school was clerking for then-Chief Judge Wood of the Seventh Circuit, and my experience working for her and later Judge Dow in the Northern District of Illinois helped shape how I think about federal practice and procedure. I am also …

Faces Of Formalism, Jeffrey A. Pojanowski

Journal Articles

Formalist approaches to legal interpretation, such as textualism and originalism, are ascendant in federal statutory and constitutional law. Yet with success have come uncertainty and dissatisfaction. Formalists and their critics observe that textualism and originalism can seem as open-ended as the purposive and dynamic methods they were supposed to replace. This Article tries to diagnose the source of this discontent. It does so by identifying two different faces of formalist interpretation: the formalism of authority—adherence to original sources of law—and the formalism of method—constraint through predictable, rule-bound interpretation. Defenses of formalism often assume these two paths to constraint run together, …

Rebooting Administrative Enforcement For The Information Economy, Nina-Simone Edwards

Library Scholarship

This concept paper considers how to strengthen the enforcement of public mandates to deter harmful practices and business models. The paper offers principles for reinvigorated enforcement such as enhanced visibility, the increased use of design as a remedial lever, and personal responsibility for responsible individuals, not only the corporations that employ them.

To advance these principles, we call for new or amended laws that require companies to document how policy becomes code, grant agencies authority to order design changes to products and services, create pathways for charging responsible individuals, and cabin some forms of prosecutorial discretion. We would support these …

Legitimacy And Accountability In The Information-Era Administrative State, Nina-Simone Edwards

Library Scholarship

The current assault on administrative institutions and the rapid influx of automated “solutions” have exacerbated the problems of a system that was already buckling under the strains of functional opacity, technical opacity, unequal access and influence, process proliferation and paralysis, and inaction. An overarching reason for the legitimacy and accountability challenges confronting the administrative state is a paradigm for administrative legitimacy and accountability that is court-centered and no longer fit for purpose.

In this concept paper, we describe two core requirements of legitimacy and accountability–which, as we will explain, are interdependent concepts–and then articulate three component requirements–transparency and demystification, care …

Standard Textualism, James A. Macleod

Articles

For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been understood to produce characteristically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously envisioned, the rule of modern textualism produces a law of standards—much more so than anybody, proponent of textualism or critic, appears to have recognized.

Two aspects of today’s textualism produce this result. The first is its emphasis on ordinary language and communication. Modern textualism typically produces standards because ordinary language and communication are typically standard-like. The second is modern textualism’s drive …

Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules-standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …

Redefining Law In China, Zeming Liu, Benjamin L. Liebman

Faculty Scholarship

Although there is a growing body of literature on the role of law under authoritarian regimes, scholars have paid little attention to authoritarian legal ideology or conceptions of legality in contemporary authoritarian states. This Article presents the first in-depth study of the Chinese Communist Party’s recent novel attempt to introduce and implement an official legal ideology under the banner of “Xi Jinping’s Thought on the Rule of Law,” one which aims both to create a definitive theory of law and to offer a guide to China’s legal development. We examine four principal components of this legal ideology: the theoretical definition …

Doing Away With Racial Profiling In Policing Without Doing Away With The Rule Of Law, François Tanguay-Renaud

All Papers

Since the turn of the millennium, Canadian appellate courts have been investing increasingly systematic efforts in demystifying and curtailing racial profiling in policing. These judicial efforts have so far been focused on the application of the legal criteria for arrest and detention as well as their regulation under section 9 of the Canadian Charter of Rights and Freedoms. In this article, I contend that this unidimensional approach is unsound and outline a corrective path forward. First, I argue that the prevailing judicial understanding of what racial profiling is and how it affects the lawfulness of arrests and detentions has the …

Foreword, Madhav Khosla, Jedediah Britton-Purdy

Faculty Scholarship

What is the rule of law, and why does it matter? Scholars have tended to pose this question as a conceptual one: does organizing power and authority by means of law imply certain moral commitments, ways that power should be shaped and constrained?

Defending Rule-Of-Law Minimalism, Ashraf Ahmed

Faculty Scholarship

The rule of law is a political idea that counts only allies and no enemies. As a popular concept, the rule of law inspires broad rhetorical support. In the United States, for instance, liberals and conservatives alike invoke the “rule of law” as a normative lodestar in political conflicts. Liberals targeting the Trump administration cast their lawsuits as a defense of the rule of law. In parallel fashion, conservatives often charge creative readings of old statutes and ambitious administrative action as departures from the rule of law. It seems that any viable political venture must defend, advance, or at least …

The Origins Of "The Rule Of Law", Jeremy K. Kessler

Faculty Scholarship

This Article offers a novel account of the origins of “the rule of law” in the English-speaking world. The phrase itself likely entered the language as a literal translation of the Latin regula juris. Prior to the early seventeenth century, however, the phrase appears to have been used exclusively to refer to the specific legal rule or maxim most relevant to the resolution of a particular kind of dispute. The more general and abstract use of the phrase – to refer to an ideal of political morality or an ideal type of governance – first appeared in the public …

Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan

School of Law Conferences, Lectures & Events

No abstract provided.

Legislative Transparency And Self-Government: Nevada And First Amendment Application, Allister Dias

Student Research

With the rise in political tension in the United States, the call for transparency from elected officials has reached an all-time high. While the role of American democracy is to promote a sense of participation from constituents, the lack of information regarding policy decisions has exempted the public from the halls of the legislature. This policy brief examines legislative transparency in Nevada through the concept of self-government theory. Despite a 1994 constitutional amendment to require publicly accessible legislative committee meetings, exemptions from Open Meeting Law and statutory exemptions continue to limit public access and further the divide between the government …

Reflections On Teaching The Rule Of Law: An Essay, Christopher R. Kelley

Arkansas Law Notes

This Essay reflects on a Rule of Law course taught at the University of Arkansas School of Law since 2009, exploring its evolution and purpose over fifteen years. Moving beyond a historical survey of the rule of law and debates about its meaning, the course integrates diverse disciplines such as psychology, economics, and current events to cultivate lawyer professionalism through a rule of law lens. Central to the course is a focus on corruption—its causes, consequences, and cures—with professionalism presented as a key antidote, and an emphasis on helping students define what the rule of law means to them and …

Tax Incentives, The Tcja, And The Rise Of The Philanthropist Class, University Of Washington School Of Law

Rule of Law Initiative

Executive Summary:

The first Trump Administration’s 2017 Tax Cuts and Jobs Act (TCJA) fundamentally altered America's charitable giving landscape through a two-step approach: first by reducing tax incentives for middle-class donors, then by empowering ultra-wealthy philanthropists. These changes have shifted control of charitable giving from everyday Americans to a small “Philanthropist Class,” referring to ultra-high-net-worth individuals who contribute vast sums, often through foundations or donor-advised funds (DAFs). This shift in charitable power holds profound implications for democracy, equality, and nonprofit sustainability.

The TCJA nearly doubled the standard deduction while limiting itemized deductions, causing the percentage of middle-class households claiming charitable …

The Tax Exempt Innovation Cycle, University Of Washington School Of Law

Rule of Law Initiative

Executive Summary:

The U.S. innovation ecosystem thrives on a complex interrelationship between tax policy, philanthropic foundations, and entrepreneurial ventures. The tax code, particularly provisions related to private foundations and Program-Related Investments (PRIs), play a critical role in funding high-risk, high-impact innovations that address societal challenges. Wealth funds the foundation, the foundation funds innovation, and innovation enhances the founder’s lasting impact on society.

Key Findings:

1. Tax-Exempt Foundation Structure: Private foundations, established by wealthy individuals and corporations, serve as powerful vehicles for channeling substantial capital into innovation while providing tax benefits to donors.
2. The Innovation Funding Cycle: Private foundations and …

Reaganomics: History Repeats Itself, But Louder, University Of Washington School Of Law

Rule of Law Initiative

Executive Summary

Ronald Reagan’s presidency (1981–1989) dramatically reshaped the American economic and institutional landscape. He championed “supply-side” economics, dubbed “Reaganomics.” Through sweeping tax cuts, deregulation, and a reallocation of federal funding priorities, Reagan shifted the burden of public services, especially in education and research, from government to individuals and private markets. Public universities saw deep cuts in federal support and increasingly turned to industry partnerships and commercialization to survive. Simultaneously, Reagan expanded defense research funding, fostering a close relationship between the government and elite research institutions. Innovation policy was formalized through the Bayh-Dole Act and the creation of …

Tax Exempt Research Guide, University Of Washington School Of Law

Rule of Law Initiative

For over a hundred years, organizations have harnessed and relied on tax exempt status to serve the public. Tax exemption is a powerful tool for social, environmental, and community well-being. This Legal Research Guide on Tax Exemption serves as a navigational compass for the public seeking to learn about tax exemption.

Why The Rule Of Law Matters For Nonprofits, University Of Washington School Of Law

Rule of Law Initiative

The Rule of Law is what keeps tax exemption from being a political weapon and allows for nonprofit organizations to provide services the government is not providing our communities.

Rule Of Law – Public Q&A, University Of Washington School Of Law

Rule of Law Initiative

Below are common questions the public may have about the Rule of Law, tax exemption status, the revocation of tax exempt status, and key cases like Bob Jones University. To understand these in more detail, browse the Tax Exempt research guide (History, Rule of Law, Revoking Tax Exemption, Secondary Materials, and Current Awareness).

Bob Jones University And The Rule Of Law, University Of Washington School Of Law

Rule of Law Initiative

The Rule of Law is what keeps tax exemption from being a political weapon.

Bob Jones University shows the Rule of law in action: clear public policy, cross-branch consensus, balanced against constitutional rights, and enforced through transparent procedures and court review.

The case is influential because it lays the foundations for analyzing The Public Policy Doctrine, a key element when courts review tax exempt revocation cases.

The revocation of tax-exempt status is law-driven, not headline-driven; the Bob Jones University v. United States case set an important precedent by creating a narrow and cautious framework that the IRS must follow to …

A Brief History Of Tax Exemption, University Of Washington School Of Law

Rule of Law Initiative

Below is a condensed history of tax exemption. It contains an analysis of tax exemption before statutory codification in 1894. It explains how the law evolved to provide predictability and fairness in the application of an organization’s tax-exempt status.

How Does A Court Determine The Tax-Exempt Purposes Of An Organization?, University Of Washington School Of Law

Rule of Law Initiative

To determine the tax-exempt purposes of an organization, courts and tax authorities primarily examine whether the organization is both "organized" and "operated" exclusively for exempt purposes, as required under 26 U.S.C § 501.

This involves a two-part test: the "organizational test" and the "operational test." The organizational test assesses whether the organization's foundational documents, such as its charter or articles of incorporation, limit its purposes to one or more exempt purposes and do not authorize substantial non-exempt activities.

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

What Is The Rule Of Law?, Gerald Postema, Paul W. Grimm

Bolch Judicial Institute Publications

No abstract provided.

Custom’S Pervasive Role In Law And The Boundaries Of Positivism, James Paul George

Faculty Scholarship

Custom is law’s foundation, modulator, and occasional antithesis. This Article explores that relationship, starting with varying insights from some of the few legal philosophers who have examined the custom/law dynamic. The heart of this Article provides examples showing custom’s many influences on the law, set in five functional areas: origin, application, interstitial, rule-source, and oppositional. Although the custom/law interplay spans human behavior, these examples come from law practice where custom is exposed. Many are routine, some are significant, and all show our reliance on behaviors and norms that are not positive law. The conclusion addresses but does not resolve some …

Perfecting Our Submission? Mann And Trump, Ruffin And Roberts, Joseph S. Miller

Scholarly Works

Presidential power is vast, both under law and in practice. Who holds presidents accountable, and by what means? Courts wrestle with these intertwined questions of power and accountability. The majority opinion in the 2024 presidential immunity case, Trump v. United States, is eerily resonant, rhetorically, with a notorious judgment enhancing one person’s power over others by shielding that power utterly from criminal-law accountability. That judgment, from 1829, is Judge Thomas Ruffin’s infamous slavery-law opinion for the North Carolina Supreme Court in State v. Mann. I juxtapose the two opinions, which share jarringly similar claims about the nature of power, rule, …

The Masterplot Of The Market, Allison Anna Tait, Luke Norris

Law Faculty Publications

Stories about the family, work, and the market circulate in law, legal discourse, and beyond. The family, we are told by numerous authorities, is a non-market site, centred on emotional attachment rather than economic transaction. It is a site of interpersonal care, growth, and nurturance that acts as a counter to the excesses of an unbridled marketplace. The market, in contrast, is a site where autonomous beings contract, pursuing their interests efficiently and maximising wealth. This is one masterplot of the market, which, as it operates in the United States, constructs certain household members outside of the market and constructs …