![]() ![]() How does American constitutional law meet this challenge? This Article contends that a robust set of unwritten, quasi-legal norms shapes and constrains retaliation as well as cooperation across the U.S. Disciplining countermeasures becomes a central challenge for any legal regime that recognizes them. They are also deeply concerning, prone to error and abuse and to escalating cycles of vengeance. ![]() ![]() Countermeasures are inescapable and invaluable. In their most acute form, these doctrines allow subjects to take what international lawyers call countermeasures-measures that would be forbidden if not pursued for redressive ends. They regulate a legal subject’s attempts to cure or prevent a perceived wrong by her own action, rather than through a mediated process.
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