Hauptman-Woodward Medical Research Institute
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A New Federalist Approach to Reducing Gun Violence: Model State Policy for Medicaid-Funded, Hospital-Based Violence Intervention Programs
Full text linkThe Rule of Interlegality
Full text linkA “recognition model of legality” grounds legality upon the normative significance of recognition of the role of the official of law, and the requirements of a moral relation of recognition between law’s officials and subjects. On this model, plural overlapping claims to legality can undermine the rule of law by disrupting recognition of both the role of the official and the moral relation of legality between officials and subjects. This Essay examines the legality deficits that arise from conflicting recognitions of officiality and subjection in contexts of overlapping state and Indigenous legal orders. In such contexts of plural overlapping claims to legality, rescuing legality requires realising interlegality—an interaction between legal orders through which both recognise their relation to the other. To have the rule of interlegality is to have interlegal forms and institutions for contesting overlapping claims to legal ordering, and for operating relations between legal orders, avoiding the forceful control of one legal order by another
When European State Courts Face Post-Colonial Legality: A Private International Law Approach Inspired by Decolonial Theory
Full text linkThis Essay develops avenues for private international law (PIL) to deal with cases involving the interaction between Western state law and distinctive forms of law that citizens from post-colonial states, especially African states, bring with them to Europe. Laws of the second type, which I call “postcolonial legality,” incorporate both traditional forms of legality usually dubbed “religious” and “customary” law along with state law that originates from colonial law. Drawing on some lessons from decolonial theory, I try to apply to this particular context a “less colonial” PIL theory and subsequent PIL rules and reasoning. The argument builds on the Western scholarship that has shown PIL’s potential to deal with cultural diversity (according to the paradigm of cultural cosmopolitanism) and non-state norms (in the mode of legal pluralism), and identifies what pursuing a decolonial objective would add thereto
The Hierarchical Implication of Jus Cogens: An Analysis of Schwarzenberger and Kelsen on the Recognition of the Prohibition of Torture and Genocide as Peremptory Norms
Full text linkThis article explores the challenge faced by positivist schools of law in integrating the concept of jus cogens within their systematic legal frameworks. By comparing the theories of Schwarzenberger and Kelsen, it demonstrates that Positivism is not a monolithic representation of the traditional international regime of consent. Utilizing a doctrinal legal research methodology, the study draws upon authoritative sources, including legal scholarship, case law, and conventions related to the prohibition of torture and genocide. The article traces the origins and development of jus cogens, examining its connections to post-war Germany and Austria, and its universalistic Christian roots. Analyzing doctrinal and case law on the prohibition of torture and genocide, the study assesses whether these peremptory norms reflect an international moral source within the international legal system, concluding affirmatively. The Committee Against Torture\u27s (CAT) usage of the concept of human dignity and the International Court of Justice\u27s (ICJ) positions on the Genocide Convention, the Nuclear Weapons Advisory Opinion, and the 1996 Bosnian Genocide Case illustrate the use of abstract metalegal principles to underscore the significance of these prohibitions. The article concludes by acknowledging the limitations of the current research and the necessity for further studies to understand the impact of metalegal norms on diverse legal traditions and to address criticisms from other legal doctrines
