Digital Commons Network^™

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …

Two Tests Unite To Resolve The Tension Between The First Amendment And The Right Of Publicity, Dora Georgescu

Fordham Law Review

The right of publicity is an established legal doctrine that grants individuals the exclusive right to control the commercial use of their image. Though it has many important and laudable uses, one unfortunate consequence of the right of publicity is that it restricts artists’ abilities to portray real persons in their works. In so doing, the right of publicity directly conflicts with the First Amendment protections of an individual’s freedom of expression.

While the U.S. Supreme Court addressed this tension in Zacchini v. Scripps-Howard Broadcasting Co., the Court did not create a clear standard for balancing the interests of …

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

After Rio: The Sustainable Development Concept Following The United Nations Conference On Environment And Development, Rebecca A. Hoelting

Georgia Journal of International & Comparative Law

No abstract provided.

Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott

Georgia Journal of International & Comparative Law

No abstract provided.

Re-Examining Hearsay Under The Federal Rules: Some Method For The Madness, Paul S. Milich

Paul Milich

No abstract provided.

Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.

African "Renaissance" And U.S. Trade Policy, Hunter R. Clark

Georgia Journal of International & Comparative Law

No abstract provided.

The 1997 Treaty To Ban The Use Of Landmines: Was President Clinton's Refusal To Become A Signatory Warranted?, Jodi Preusser Mustoe

Georgia Journal of International & Comparative Law

No abstract provided.

“The Obscenities Of This Country”: Canada V. Bedford And The Reform Of Canadian Prostitution Laws , Lauren Sampson

Duke Journal of Gender Law & Policy

No abstract provided.

The Citizen And The Terrorist, Leti Volpp

Leti Volpp

No abstract provided.

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.

Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith

Georgia Journal of International & Comparative Law

No abstract provided.

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.

New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell

Georgia Journal of International & Comparative Law

No abstract provided.

Volume 88, Issue 2 (2014)

Obiter Dicta

No abstract provided.

Toward A United Ireland? The Northern Ireland Peace Process And The Devolution Of Powers From London To Belfast, Matthew G. Rooks

Georgia Journal of International & Comparative Law

No abstract provided.

"Freedom!" For Scotland: A Hollywood Tagline, But A Holyrood Prerogative, Andrew Murdison

Georgia Journal of International & Comparative Law

No abstract provided.

Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confession Symbols, Frederick Mark Gedicks, Pasquale Annicchino

First Amendment Law Review

No abstract provided.

Themes, Doctrine, And Pedagogy In The 2013-2014 National Health Law Moot Court Competition Problem, Anita Bernstein

Faculty Scholarship

No abstract provided.

Maritial Matters, Rowan Cahill

Rowan Cahill

Between 2006-2009, Rowan Cahill published a number of commentaries relating to the Anzac tradition, and to the Australian martial tradition generally, on the Leftwrites experiment in progressive group blogging. A selection of these commentaries follows; they represent views of the Australian martial experience at radical odds with mainstream Australian histories. The issues raised are still relevant, especially as the Australian government is currently spending its way through millions of dollars as it prepares to commemorate/celebrate the centenary of the Gallipoli landing (2015). Leftwrites is archived in the Pandora web archive of the National Library of Australia.

In Service To America: Naturalization Of Undocumented Alien Veterans, Darlene Goring

Darlene C. Goring

No abstract provided.

Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram

Hadar Aviram

On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues …

Whose Article Is It Anyway? Student Editors And The Law Review Process, Josephine R. Potuto

Josephine R Potuto

Law professors publish in law reviews, not peer-reviewed journals. They are edited by law students. The editing process can be both irritating and exasperating. From experiences lived and those shared by colleagues across the country, I provide concrete examples of where law student editors go wrong, and also explain why.

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …

A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya

UNLV Theses, Dissertations, Professional Papers, and Capstones

Undocumented (unauthorized, illegal) immigrants seek employment on the street corners near home improvement stores offering their services and selling their labor to the employers who arrive in their cars or trucks to pick them up for a few hours of hard work. The number of undocumented immigrants in the United States continues to increase. By percentage of overall population, Nevada has one of the largest shares of undocumented immigrants in the United States, and the bulk of that percentage is Latino.

The purpose of this phenomenological qualitative research study is to gain knowledge about undocumented Latino day laborers' perceived health …

Introduction: Appreciating Difference, Barbara Lewis

Trotter Review

Are we a narrative nation, imagined and connected mentally, tied by a common history of disruption if not by contiguous geography? Lorick-Wilmot suggests that the stories we tell offer the basis of mutual understanding across distance and cultures and generations. In a reconfigured mental Diasporic cartography, where is our citadel, our castle (not to be confused with what Europeans named as slave castles of Africa)? The remains and monuments built in this hemisphere by iron will and the drive to change yesterday, uprooting it from the ground of inequality, still stand on the highest hill in northern Haiti, reminding us …

Themes, Doctrine, And Pedagogy In The 2013-2014 National Health Law Moot Court Competition Problem, Anita Bernstein

Faculty Scholarship

No abstract provided.

To Make Freedom Happen: Shelby County V. Holder, The Supreme Court, And The Creation Myth Of American Voting Rights, Aderson Bellegarde Francois

Northern Illinois University Law Review

There has never been a moment in American history when federal intervention, supervision, or enforcement was not necessary to guarantee full and meaningful voting rights for African Americans. Yet, since ratification of the Fifteenth Amendment, providing that states shall not deny the right to vote on the basis of race, the United States Supreme Court, when deciding questions of the legitimacy of federal enforcement of voting rights, has always reached for a narrative of federalism that cast federal intervention as a historical aberration at best and a constitutional perversion at worst. Since passage of the Voting Rights Act of 1965 …