Getting to the Rule of Law: NOMOS L

Contents

vii CONTENTS Preface ix James E. Fleming Contributors xi PART I: GETTING TO THE CONCEPT OF THE RULE OF LAW 1. The Rule of Law and the Importance of Procedure 3 Jeremy Waldron 2. The Limits of Process 32 Robin West 3. A Substantive Conception of the Rule of Law: Nonarbitrary Treatment and the Limits of Procedure 52 Corey Brettschneider 4. Four Puzzles about the Rule of Law: Why, What, Where? And Who Cares? 64 Martin Krygier PART II: MAINTAINING OR RESTORING THE RULE OF LAW AFTER SEPTEMBER 11, 2001 5. Separation of Powers and the National Security State 107 Benjamin A. Kleinerman 6. Judicial Oversight, Justice, and Executive Discretion Bounded by Law 135 Curtis A. Bradley viii Contents 7. The Instability of “Executive Discretion” 144 Lionel K. McPherson 8. Constitutional Theory, the Unitary Executive, and the Rule of Law 156 Sotirios A. Barber and James E. Fleming PART III: BUILDING THE RULE OF LAW AFTER MILITARY INTERVENTIONS 9. Justice on the Ground?: International Criminal Courts and Domestic Rule of Law Building in Conflict-Affected Societies 169 Jane E. Stromseth 10. In Defense of Imperialism? The Rule of Law and the State-Building Project 224 Tom Ginsburg 11. Bystanders, the Rule of Law, and Criminal Trials 241 Larry May 12. Might Still Distorts Right: Perils of the Rule of Law Project 265 Richard Miller Index 293 ...