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Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon Sep 2005

Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon

ExpressO

No abstract provided.


Rfk, Day Of Affirmation Speech And Human Rights In America, Stuart Weinstein Aug 2005

Rfk, Day Of Affirmation Speech And Human Rights In America, Stuart Weinstein

ExpressO

An examination of Robert Kennedy historic Day of Affirmation speech made forty years ago. Is the role he envisioned for the US to play in international affairs and in advancing the cause of freedom and social justice for all humanity relvant in a post-Iraq abu Gharaib world?


Ireland's New Responsibility: Refugees Buy The Irish Another Round, Shae D. Armstrong Jun 2005

Ireland's New Responsibility: Refugees Buy The Irish Another Round, Shae D. Armstrong

ExpressO

Over the previous decade, Ireland's economic boom has attracted asylum seekers from around the globe to this small island nation. Ireland's economic explosion created growing pains for industrial sectors of the Irish economy. Ireland’s continued willingness to diversify its neighborhoods will promote even greater economic prosperity. Furthermore, refugees will satisfy several of the economic demands of Ireland’s massively growing economy. Asylum seekers granted refugee status in Ireland will satisfy present labor shortages in Ireland. Also, these refugees will allow Ireland to establish an economic partnership with non-EU countries that have a propensity to export asylum seekers.


Constitutionalizing Tobacco: The Ambivalence Of European Federalism, Fernanda Nicola Jan 2005

Constitutionalizing Tobacco: The Ambivalence Of European Federalism, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

The Treaty Establishing the European Community announces in EC TREATY art. 5.1. the principle that the powers of the European Community are limited to those specifically conferred on it. However, experience and judicial interpretation have shown that, in practice, the allocation of power between the Community decision maker and Member States is neither clear nor immutable. In its Treaty Establishing a Constitution for Europe, the Community attempts to clarify the allocation of competences. Article III-278 of the Draft E.U. Constitution (Public Health Article) is a public health provision that expressly refers to the regulation of tobacco. To many, the Public …


Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner Jan 2005

Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner

Librarians' Articles

In reflecting on the various ways she has developed some expertise in the area of foreign and international research (without being an expert), Ms. Whisner offers suggestions to others who would like to build their own knowledge in this field.


Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby Jan 2005

Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby

Indiana Journal of Global Legal Studies

The Institute for Advanced Study Branigin Lecture


Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg Jan 2005

Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg

Faculty & Staff Scholarship

No abstract provided.


Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan Jan 2005

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I, Rachel Vorspan

Vanderbilt Journal of Transnational Law

In this-Article Professor Vorspan examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on detention, deportation, conscription, and confiscation of property, the Author revises the conventional depiction of the English judiciary during World War I as passive and peripheral. She argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal freedom. Second, they …


Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell Jan 2005

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Journal Articles

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …


Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski Jan 2005

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …


Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick Jan 2005

Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick

Syracuse Journal of International Law and Commerce

The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …