Getting to the Rule of Law: NOMOS L Book

Preface James E. Fleming ix

Contributors xi

Part I Getting to the Concept of the Rule of Law

1 The Rule of Law and the Importance of Procedure Jeremy Waldron 3

2 The Limits of Process Robin West 32

3 A Substantive Conception of the Rule of Law: Nonarbitrary Treatment and the Limits of Procedure Corey Brettschneider 52

4 Four Puzzles about the Rule of Law: Why, What, Where? And Who Cares? Martin Rrygier 64

Part II Maintaining or Restoring the Rule of Law after September 11, 2001

5 Separation of Powers and the National Security State Benjamin A. Kleinerman 107

6 Judicial Oversight, Justice, and Executive Discretion Bounded by Law Curtis A. Bradley 135

7 The Instability of "Executive Discretion" Lionel K. McPherson 144

8 Constitutional Theory, the Unitary Executive, and the Rule of Law Sotirios A. Barber James E. Fleming 156

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 Jane E. Stromseth 169

10 In Defense of Imperialism? The Rule of Law and the State-Building Project Tom Ginsburg 224

11 Bystanders, the Rule of Law, and Criminal Trials Larry May 241

12 Might Still Distorts Right: Perils of the Rule of Law Project Richard Miller 265

Index 293