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U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner Oct 2006

U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner

University of Miami International and Comparative Law Review

No abstract provided.


Individual Rights And Group Rights In The European Union's Approach To Minority Languages, Robert F. Weber Aug 2006

Individual Rights And Group Rights In The European Union's Approach To Minority Languages, Robert F. Weber

ExpressO

The European Union rights discourse is dominated by talk of individual, and not group, rights. Individual market actors have been the constitutive atoms of European Union law. Within this legal framework, the onus has been on the Member States to protect and contribute to minority language groups. This paper examines some of the ways Member States accommodate and recognize the minority language groups residing within Europe, and subsequently analyzes the compatibility of these measures with the EC Treaty in light of the European Court of Justice's (ECJ) willingness to invoke the Treaty in an increasing array of situations. Specifically, the …


The Forgotten Threat: Private Policing And The State, Elizabeth E. Joh Jul 2006

The Forgotten Threat: Private Policing And The State, Elizabeth E. Joh

Indiana Journal of Global Legal Studies

What do Disneyland, the Abu Ghraib U.S. military prison, the Mall ofAmerica, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common characteristic as employers of private police. This answer-indicative of the prevalence and numbers of private police today-would have struck the nineteenth -century observer as evidence of a gross failure by the state. Yet that reaction, in turn, would seem odd to us. Vocal support of private police can be found among public police chiefs, lawmakers, and even President Bush.

What kinds of criticisms were once …


Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt Jan 2006

Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt

Case Western Reserve Journal of International Law

No abstract provided.


Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio Jan 2006

Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio

UC Law SF International Law Review

Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.


Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg Jan 2006

Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg

NYLS Law Review

No abstract provided.


Reforming The Crime Of Libel, Clive Walker Jan 2006

Reforming The Crime Of Libel, Clive Walker

NYLS Law Review

No abstract provided.


Polemics In The Israeli-Palestinian Conflict, Jerome Slater Jan 2006

Polemics In The Israeli-Palestinian Conflict, Jerome Slater

Human Rights & Human Welfare

A review of:

The Case for Israel by Alan Dershowitz. Hoboken, New Jersey: John Wiley & Sons, 2003. 264pp.

and

Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History by Norman G. Finkelstein. Berkeley: University of California Press, 2005. 332pp.


International Secured Transactions And Insolvency, Mark J. Sundahl, Susan Jaffe Roberts, Jeff Carruth, Walter Douglas Stuber Jan 2006

International Secured Transactions And Insolvency, Mark J. Sundahl, Susan Jaffe Roberts, Jeff Carruth, Walter Douglas Stuber

Law Faculty Articles and Essays

The following article surveys some of the significant developments in the field of cross-border insolvencies and secured financing during the twelve months prior to December 1, 2005. The most publicized and long-awaited bankruptcy development was the enactment of legislation in the United States to adopt the UNCITRAL framework for the recognition of foreign insolvency proceedings. Even with the adoption of the UNICTRAL framework, American courts continued to render significant decisions under the former law which may, over time, inform practice, under the UNICTRAL provisions. Brazil also enacted significant bankruptcy reforms during 2005. The international law of secured transactions experienced a …


Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban Jan 2006

Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban

Georgetown Law Faculty Publications and Other Works

When the United Nations commission investigating Darfur issued its report in January 2005, it concluded that the Darfur atrocities represented war crimes and crimes against humanity, but not genocide. This had the harmful effect of deflating efforts to mobilize political support to halt the Darfur atrocities. But the Commission's conclusion was based entirely on technicalities in the legal definitions of the international crimes, not on denial that extermination is going on in Darfur. In this paper, the author argues that the legal and popular meanings of genocide have diverged in harmful ways: where laymen understand that mass killings and rapes …