Economic Sanctions, Procedural Rights and Judicial Scrutiny: Post-Kadi Developments

Secondary economic sanctions

Many states, or rather their leaders and officials, routinely violate the fundamental human rights of both their compatriots or outsiders. Faced with this depressing catalogue of abuses, the international community’s response of choice consists in imposing economic sanctions on wrongdoers. The relatively scant philosophical literature on the topic tackles primary sanctions where the sanctioning...

Dynamic Regulatory Constitutionalism: Taking Legislation Seriously in the Judicial Enforcement of Economic and Social Rights

Defeasibility in Judicial Opinion: Logical or Procedural?

While defeasibility in legal reasoning has been the subject of recent scholarship, it has yet to be studied in the context of judicial opinion. Yet, being subject to appeal, judicial decisions can default for a variety of reasons. Prakken (2001) argued that the defeasibility affecting reasoning involved in adversarial legal argumentation is best analysed as procedural rather than logical. In th...

Economic Sanctions on Iran and Nuclear Medicine

"It is not a wise choice!", this was the reaction of my father when I applied for nuclear medicine residency program 26 years ago. The old retired officer continued that hi-tech nuclear medicine is dependent on multiple advanced sections that may not be easily available especially in the developing countries. Now he is not alive to see that political misconducts have added fuel to the fire. Glo...

Procedural and Legal Motivations to Correct for Perceived Judicial Biases

The question of whether procedural or legal concerns per se can motivate corrections of jurors’ judgments when in conflict with accuracy concerns was examined. Mock jury members were exposed to diagnostic incriminating evidence that was obtained in either serious or mild violation of due process and that was ruled as admissible or inadmissible. When the evidence was obtained in serious violatio...