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Faculty Activities
Faculty Activities left to right Bruce Ackerman Ian Ayres Jack M. Balkin Robert A. Burt Guido Calabresi Morris L. Cohen Bruce Ackerman 7, 2005, available at http://slate.msn.com/ Robert A. Burt Publications id/2114441/; Ask Iraqi Voters: Do You Want Lectures and Addresses The Art of Stealth, London Review of Us To Stay?, Hartford Courant, Jan. 28, Jewish Federation of New Haven,“The Books,Feb. 17, 2005, at 3; Loyal to Rumsfeld? 2005 (with B. Nalebuff); Going Soft on Jewish Presence in American Law”;The or the Constitution?, Am. Prospect, Microsoft? The EU’s Antitrust Case and Hastings Center,“The End of Autonomy in November 2004, at 6; Voting with Dollars Remedy, The Economists’Voice,Vol. 2: No. Biomedical Ethics.” (with comments by Barney Frank and Nick 2, Article 4 (2005) (with B. Nalebuff); Publications Littlefield), 57 Bull. Am. Acad. Arts & Sci., Encouraging Suggestive Behavior, Harv. Moral Offenses and Same Sex Relations: Summer 2004, at 18; Immune to Bus. Rev. 18 (December 2004), (with B. Revisiting the Hart-Devlin Debate, 1 Democracy, N.Y.Times, March 4, 2005, at Nalebuff); Should Heterosexuals Boycott Journal of Law 70 (2004); Review of A21 (with J. Ackerman); The Filibuster Rule: Marriage?, Issues in Legal Scholarship Jocelyn Downie, Dying Justice: A Case for Play by the Rules, Philadelphia Inquirer, (2004): Article 2 (with J. Brown); Decriminalizing Euthanasia and Assisted March 16, 2005; Em Defesa de uma Heranca Anonymously Yours, Worth 32 (November Suicide in Canada, 352 New Eng. J. Med. Social de Cidadania, in Ideias e Politicas 2004); Microsoft I: A Remedy Worthy of 1501 (2005). -
Columbia Law School Winter 2010
From the Dean On August 17, 2009, Dean David M. Schizer offered his welcoming remarks to the incoming class of J.D. and LL.M. students at Columbia Law School. An edited version of that address appears below. This is both an inspiring and a challenging time to come that excellence is measured in many different ways—in to law school. It is inspiring because the world needs you the pride you take in your work, in the reputation you more than ever. We live in troubled times, and many of develop among your peers, and, more importantly, in the great issues of our day are inextricably tied to law. Our the eyes of the people you have helped. But to my mind, financial system has foundered, and we need to respond excellence should not be measured in dollars. with more effective corporate governance and wiser The second fundamental truth to remember is that regulation. Innovation, competition, and free trade need integrity is the bedrock of any successful career. It is a to be encouraged in order for our economy to flourish. great source of satisfaction to know that you have earned Because of the significant demands on our public sector, your successes, that you didn’t cut any corners, and that our tax system needs to collect revenue efficiently and people trust you. fairly. Our dependence on imported fuel jeopardizes our As for the specifics of what career choices to make, national security, and our emission of greenhouse gases you are just beginning that journey. Most likely, there places our environment at risk. -
A Convenient Constitution? Extraterritoriality After Boumediene
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 A Convenient Constitution? Extraterritoriality After Boumediene Christina Duffy Ponsa-Kraus [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Fourteenth Amendment Commons, and the Legal History Commons Recommended Citation Christina D. Ponsa-Kraus, A Convenient Constitution? Extraterritoriality After Boumediene, 109 COLUM. L. REV. 973 (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2239 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. A CONVENIENT CONSTITUTION? EXTRATERRITORIALITY AFTER BOUMEDIENE ChristinaDuffy Burnett* Questions concerning the extraterritorial applicability of the Constitution have come to the fore during the "war on terror." In Boumediene v. Bush, the Supreme Court held that noncitizens detained in Guantdnamo have the right to challenge their detention in federal court. To reach this conclusion, the Court used the "impracticableand anomalous" test, also known as the 'functional"approach because of its relianceon prag- matic or consequentialist considerations. The test first appeared in a concur- ring opinion overfifty years ago; in Boumediene, it garnered the votes of a majority. This Article argues that the Boumediene Court was right to hold habeas rights applicable in Guantdnamo, but wrong to endorse the "imprac- ticable and anomalous" test. The test rests on a view of the Constitution abroad that overemphasizes the difference between the foreign and the domes- tic, improperly relegatingconstitutional guarantees abroad to afar more un- certain status than they have at home. -
1 Constitutional Originalism Spring 2020 Keith E. Whittington Harvard
Constitutional Originalism Spring 2020 Keith E. Whittington Harvard Law School [email protected] WCC B015 Areeda 133 T 1:10-3:10pm Office Hours: T 10:30-11:30am This course will explore the scholarly debate surrounding originalism as a theory of constitutional interpretation. There will be some consideration of prominent criticisms of originalism, but the class will mostly focus on the internal developments and debates within the originalism literature. Topics will include the normative justifications for originalism, the role of precedent within originalism, the interpretation/construction distinction, and the relationship between originalism and judicial deference. One book is available for purchase: Keith E. Whittington, Constitutional Interpretation (Lawrence: University Press of Kansas, 1999). The remaining materials are all available on the course website and also available in hard copy form from the copy center. It would be useful to have access to that day’s materials during each class. The course grade will primarily be based on the take-home exam at the end of the semester. Some marginal adjustments will be made to reflect course participation. If you would like to pursue a research paper option in lieu of the take-home exam, please let me know and we can make appropriate arrangements. Week 1: Living Constitutionalism and Conservative Constitutionalism before Originalism (≈ 86 pages) Edward S. Corwin, “Constitution v. Constitutional Theory,” American Political Science Review (1925): 290-304 Charles A. Beard, “The Living Constitution,” Annals of the American Academy of Political and Social Science (1936): 29-34 Arthur Selwyn Miller, “Notes on the Concept of the Living Constitution,” George Washington Law Review (1963): 881-918 William Brennan, “The Constitution of the United States: Contemporary Ratification,” Text and Teaching Symposium, Georgetown University (1986) (17pp) James M. -
The History of U.S. Information Control in Post-War Germany
The History of U.S. Information Control in Post-War Germany The History of U.S. Information Control in Post-War Germany: The Past Imperfect By Erwin J. Warkentin The History of U.S. Information Control in Post-War Germany: The Past Imperfect By Erwin J. Warkentin This book first published 2016 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2016 by Erwin J. Warkentin All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-4438-9749-3 ISBN (13): 978-1-4438-9749-5 TABLE OF CONTENTS Acknowledgements .................................................................................... ix Preface ......................................................................................................... x Abbreviations ........................................................................................... xiii Introduction ................................................................................................. 1 Chapter One ................................................................................................. 6 The Problem Defining the German Problem ............................................................... 6 Disunity among the Allies -
Rule Originalism
COLUMBIA LAW REVIEW VOL. 116 NOVEMBER 2016 NO. 7 ARTICLES RULE ORIGINALISM Jamal Greene * Constitutional rules are norms whose application depends on an interpreter’s identification of a set of facts rather than on her exercise of practical judgment. This Article argues that constitutional interpreters in the United States tend to resolve ambiguity over constitutional rules by reference to originalist sources and tend to resolve uncertainty over the scope of constitutional standards by reference to nonoriginalist sources. This positive claim unsettles the frequent assumption that the Constitution’s more specific or structural provisions support straight- forward interpretive inferences. Normatively, this Article offers a partial defense of what it calls “rule originalism,” grounded in the fact of its positive practice, its relative capacity for restraining judges, and, above all, its respect for the constitutional choice of rules versus standards. Finally, this Article argues that this limited justification for rule originalism suggests a liberalization of barriers to government institu- tional standing in cases involving the meaning of constitutional rules. INTRODUCTION ........................................................................................1640 I. THE JURISPRUDENCE OF RULES ..........................................................1646 A. A Working Definition .................................................................1646 B. Rules and Standards in Constitutional Law ..............................1649 C. Rules and -
American Journal of International Law
American Journal of International Law VOLUME 66 1972 Published by The ^Z°UL>^ 11 American Society of International Law The American Society of International Law The American Society of International Law was organized in 1906 "to foster the study of international law and to promote the establishment and mainte nance of international relations on the basis of law and justice." The Society serves as a meeting place and forum for scholars, teachers, offi cials, lawyers and others, from some ninety-seven countries. At the end of April, it holds a three-day Annual Meeting in Washington at which current problems of international law are discussed. The Society also sponsors regional meetings outside of Washington in co-operation with other institutions. Salient questions of international law and relations are considered in depth by panels and study groups organized by the Society's Board of Review and Development. Works of scholarship are often published under the Society's auspices in connec tion with studies sponsored by the Board. The Society periodically issues three publications: The American Journal of International Law, the leading journal in the field of international law, has been published since 1907. A special number of the Journal carries the papers and discussions of the annual meeting of the Society. The Journal is distributed to all members of the Society without additional charge, and is available to non-members at a subscription rate of $30 a year. International Legal Materials, a bimonthly, is a unique international collection of texts of current official documents, including legislation, treaties, court deci sions, and reports. -
Supremacy Clause Textualism
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2010 Supremacy Clause Textualism Henry Paul Monaghan Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation Henry P. Monaghan, Supremacy Clause Textualism, 110 COLUM. L. REV. 731 (2010). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/167 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. SUPREMACY CLAUSE TEXTUALISM Henry Paul Monaghan* Whatever its status in the statutory interpretation "wars," originalism- driven textualism has assumed an increasingly prominent role in constitu- tional interpretation,at least within the academy. The focus of this Article is on one such form, namely, "Supremacy Clause textualism",- that is, recent textualist claims about the implications of the Supremacy Clause of Article VI. This Article addresses two such claims. First, in important articles, Professor Bradford Clark argues that the clause is "atthe epicenter of [our] constitutionalstructure" and it "recognizes only the 'Constitution,' 'Laws,' and 'Treaties' of the United States as 'the supreme Law of the Land."' Displacement of otherwise governing state law can occur only through one of those enumerated modes and "Laws" refers only to Acts of Congress. The consequence is that federal common law-as that concept is now currently understood-andadministrative lawmaking are illegitimate, at least when measured by the original understanding. -
Highlights in Space 2010
International Astronautical Federation Committee on Space Research International Institute of Space Law 94 bis, Avenue de Suffren c/o CNES 94 bis, Avenue de Suffren 75015 Paris, France 2 place Maurice Quentin 75015 Paris, France UNITED NATIONS Tel: +33 1 45 67 42 60 75039 Paris Cedex 01, France E-mail: : [email protected] Fax: +33 1 42 73 21 20 Tel. + 33 1 44 76 75 10 URL: www.iislweb.com E-mail: [email protected] Fax. + 33 1 44 76 74 37 OFFICE FOR OUTER SPACE AFFAIRS URL: www.iafastro.com E-mail: [email protected] URL: http://cosparhq.cnes.fr Highlights in Space 2010 Prepared in cooperation with the International Astronautical Federation, the Committee on Space Research and the International Institute of Space Law The United Nations Office for Outer Space Affairs is responsible for promoting international cooperation in the peaceful uses of outer space and assisting developing countries in using space science and technology. United Nations Office for Outer Space Affairs P. O. Box 500, 1400 Vienna, Austria Tel: (+43-1) 26060-4950 Fax: (+43-1) 26060-5830 E-mail: [email protected] URL: www.unoosa.org United Nations publication Printed in Austria USD 15 Sales No. E.11.I.3 ISBN 978-92-1-101236-1 ST/SPACE/57 V.11-80947—March*1180947* 2011—475 UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS UNITED NATIONS OFFICE AT VIENNA Highlights in Space 2010 Prepared in cooperation with the International Astronautical Federation, the Committee on Space Research and the International Institute of Space Law Progress in space science, technology and applications, international cooperation and space law UNITED NATIONS New York, 2011 UniTEd NationS PUblication Sales no. -
The Changing Structure of International Law: Unchanging
"THE CHANGING STRUCTURE OF INTERNATIONAL LAW"t UNCHANGING THEORY FOR INQUIRY MYRES S. McDOUGAL* W. MICHAEL REISMAN** Plus a change, plus c'est la "tnte chose.1 In recent decades the demand has become increasingly insistent among scholars and others for development of a more comprehensive theory of inquiry about international law, drawing upon all relevant areas of knowledge and especially upon the social sciences. 2 Early in his very ambitious book Professor Friedmann states that: The changes in the dimensions of international law require a corre- sponding reorientation in its study; neither the international lawyer trained in the classical methods of international law and diplomacy nor the corporation, tax, or constitutional lawyer are equipped to handle this subject without cooperation with each other, and with economists and political scientists. International law is becoming a more and more complex and many-sided subject.3 In bringing the book to a close, he reaffirms that basic changes in the "struc- ture of international society" make necessary a "far-reaching reorientation in the science and study of contemporary international law."4 For any who are as yet unconvinced of the exigency of this demand, Professor Friedmann's able and wide-ranging survey of almost all of the more important and controversial areas of contemporary international law may serve as compelling proof. By intention and example, this book makes a conclusive case for the view that an inter-disciplinary approach and an inter-disciplinary jurisprudence offer the only effective means for delimiting t By Wolfgang Friedmann. New York: Columbia University Press, 1964. PP. -
Appendix 6 Select Abbreviations of Law Journals
APPENDIX 6 SELECT ABBREVIATIONS OF LAW JOURNALS App. 6—Select Abbreviations of Law Journals ABA Journal of Labor & Employment Law A.B.A. J. Lab. & Emp. L. Administrative Law Review Admin. L. Rev. African-American Law & Policy Report Afr.-Am. L. & Pol’y Rep. Akron Intellectual Property Journal Akron Intell. Prop. J. Akron Law Review Akron L. Rev. Akron Tax Journal Akron Tax J. Alabama Law Review Ala. L. Rev. Alaska Law Review Alaska L. Rev. Albany Government Law Review Alb. Gov’t L. Rev. Albany Law Journal of Science & Technology Alb. L.J. Sci. & Tech. Albany Law Review Alb. L. Rev. American Bankruptcy Institute Law Review Am. Bankr. Inst. L. Rev. American Criminal Law Review Am. Crim. L. Rev. American Indian Law Review Am. Indian L. Rev. American Journal of Comparative Law Am. J. Comp. L. American Journal of Criminal Law Am. J. Crim. L. American Journal of Law & Medicine Am. J.L. & Med. American Journal of Legal History Am. J. Legal Hist. American Journal of Tax Policy Am. J. Tax Pol’y American Journal of Trial Advocacy Am. J. Trial Advoc. American Review of International Arbitration Am. Rev. Int’l Arb. American University International Law Review Am. U. Int’l L. Rev. American University Journal of Gender, Social Am. U. J. Gender & Soc. Pol’y & L. Policy & the Law American University Law Review Am. U. L. Rev. Animal Law Animal L. Annals of Health Law Annals Health L. 569 570 National Law University, Delhi Annual Review of Banking and Financial Law Ann. Rev. Banking & Fin. L. Annual Survey of American Law Ann. -
The Mystery of Global Governance
The Mystery of Global Governance The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation David W. Kennedy, The Mystery of Global Governance, 34 Ohio N.U. L. Rev. 827 (2008). Published Version http://www.law.harvard.edu/faculty/dkennedy/publications/ Kennedy_GlobalGovernance.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:11222700 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP Ohio Northern University Law Review Articles “The Mystery of Global Governance” DAVID KENNEDY* Kormendy Lecture, Ohio Northern University, Pettit College of Law January 25, 2008 I. HOW LITTLE WE KNOW Good morning. Across the legal field, people are re-imagining the nature of law outside and among states. And we lawyers are not alone. Our colleagues throughout the social sciences, in economics, political science, sociology, anthropology and more are all thinking anew about global patterns of power and influence. The simple fact that people are thinking anew is itself of real significance. Significant because it reflects how little we actually know about how we are governed. Global governance remains a mystery because so much about global society itself eludes our grasp. Everywhere we can see the impact of things global, foreign, far away. How does it all work,