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Adjudication in the Age of Disagreement

In the time I have here with you today I would like to offer the beginnings of an answer. It does not lie in the distance between the court’s traditions and Manton’s conduct. That would be too easy. At base, I think the answer lies in something far more subtle and interesting: the relationship between acentral tradition of the Second Circuit and one of the great questions we face...

Introduction: Constraint, Authority, and the Rule of Law in a Federal Circuit Court of Appeals

INTRODUCTION: CONSTRAINT, AUTHORITY, AND THE RULE OF LAW IN A FEDERAL CIRCUIT COURT OF APPEALS John Fabian Witt* One hundred and twenty-five years ago, during the little-remembered presidency of Benjamin

Bureaucratic Legalism, American Style: Private Bureaucratic Legalism and the Governance of the Tort System

routinization in the private settlement market, see generally Samuel Issacharoff & John Fabian Witt, The Inevitabilityof Aggregate Settlement: An InstitutionalAccount of American Tort Law, 57 VAND. L. REV. 1571

The Dismal History of the Laws of War

John Fabian Witt, Social Histories of International Law, in INTERNATIONAL LAW IN THE U.S. SUPREME COURT 164–87 (David L. Sloss, Michael D. Ramsey & William S. Dodge eds., 2011). 31. See LAWRENCE M ... Annapolis. Just as European 38. E.g., MARTTI KOSKENNIEMI, THE GENTLE CIVILIZER OF NATIONS (2001). 39. See JANIS, supra note 37, at pp. 51–94; see also JOHN FABIAN WITT, LINCOLN’S CODE: WAR AND HUMANITY IN

Form and Substance in the Law of Counterinsurgency Damages

Review by an authorized administrator of Digital COUNTERINSURGENCY DAMAGES John Fabian Witt* "Money is ammunition." Manual, 2007' -U.S. Army & Marine Corps, CounterinsurgencyField "Services: Death of ... , supranote 131 ; see also von Zeilbauer, supranote 8 . 143. See H. LAURENCE ROSS , SETTLED OUT OF COURT: THE SOCIAL PROCESS OF INSURANCE CLAIMS ADJUSTMENT 232-34 ( 1980 ) ; Samuel Issacharoff & John Fabian

Internationalism and the Dilemmas of Strategic Patriotism

an earlier version of this article. This article is an edited version of the oral presentation given by John Fabian Witt at the September 19-20, 2005 Legal Scholarship Symposium honoring Nadine ... Strossen and her work as a scholar and activist. 1. John Fabian Witt, Crystal Eastman and the InternationalistBeginnings of American Civil Liberties, 54 Duke L.J. 705, 709 (2004). What I would like to try

Crystal Eastman and the Internationalist Beginnings of American Civil Liberties

DUKE LAW JOURNAL CRYSTAL EASTMAN AND THE INTERNATIONALIST BEGINNINGS OF AMERICAN CIVIL LIBERTIES JOHN FABIAN WITT 0 1 0 Associate Professor of Law, Columbia University. Many thanks to Michael ... , USA 1 Copyright © 2004 by John Fabian Witt The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a