The Rule of Law is Dead! Long Live the Rule of Law!

Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue against the notion that the contradictory views must be resolved in order for judicial legitimacy to remain intact. A rule of law built on contending legal and political beliefs is not necessarily fair or just. But it can be stable. At least in the context of law and courts, a house divided may stand

Collateral damage? Small-scale fisheries in the global fight against IUU fishing

© 2020 The Authors. Fish and Fisheries published by John Wiley & Sons Ltd Concern over illegal, unreported and unregulated (IUU) fishing has led to a number of policy, trade and surveillance measures. While much attention has been given to the impact of IUU regulation on industrial fleets, recognition of the distinct impacts on small-scale fisheries is conspicuously lacking from the policy and research debate. In this paper, we outline three ways in which the application of IUU discourse and regulation undermines small-scale fisheries. First, the mainstream construction of “illegal,” “unreported” and “unregulated” fishing, and also the categorical use of “IUU” in an all-inclusive sense, disregards the diversity, legitimacy and sustainability of small-scale fisheries practices and their governing systems. Second, we explore how the recent trade-related measures to counter IUU fishing mask and reinforce existing inequalities between different sectors and countries, creating an unfair burden on small-scale fisheries and countries who depend on them. Third, as IUU fishing is increasingly approached as “organized crime,” there is a risk of inappropriately targeting small-scale fisheries, at times violently. Reflecting on these three trends, we propose three strategies by which a more sensitive and ultimately more equitable incorporation of small-scale fisheries can be supported in the global fight against IUU fishing

Civil procedure reports : containing cases under the Code of civil procedure, the general civil practice and general rules of court of the State of New York.

Vol. 40: "A table of cases reported in New York civil procedure reports, 39 volumes, and New York law record, 3 volumes : with a table of sections of the Code of civil procedure construed and a digest of cases reported in the New York civil procedure reports, volumes 37, 38, 39 (continued from volume 36) and New York law record, 3 volumes" 1911.Vol. 36: "A consolidated index-digest of New York civil procedure reports contained in volumes 1 to 35, inclusive : showing the changes and development of the practice under the Code from 1881 to 1906, with a table of sections construed and an index to the notes.""Index-digest to Civil procedure reports, vols. I.-X.": v. 10, p. 253-619.Lettered: New York civil procedure reports.Reporters: v. 1, Geo. D. McCarty, assisted by F.K. Clark; v. 2-23, Henry H. Browne; v. 24-26, Rufus L. Scott; v. 27-29, John M. Kerr; v. 30-37, Percival S. Menken; v. 38-39, Judson S. Rumsey; v. 1, n.s., William Byrnes; v. 2-3, n.s., Thomas P. De Graffenried.Subtitle varies slightly.Photo reproduction.Mode of access: Internet.Vol. 11, p. 1-2, mutilated."Registered copy of no. 60.