Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Denver (89)
- Selected Works (21)
- SelectedWorks (13)
- University of Pennsylvania Carey Law School (6)
- Chicago-Kent College of Law (2)
-
- Columbia Law School (2)
- Duke Law (2)
- Old Dominion University (2)
- University of South Florida (2)
- William & Mary Law School (2)
- American University in Cairo (1)
- Chapman University Dale E. Fowler School of Law (1)
- Cornell University Law School (1)
- Emory University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Sacred Heart University (1)
- Saint Louis University School of Law (1)
- Technological University Dublin (1)
- Texas A&M University School of Law (1)
- Universitas Indonesia (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of New Hampshire (1)
- University of North Florida (1)
- University of Pittsburgh School of Law (1)
- Keyword
-
- Human rights (83)
- United States (23)
- Iraq (22)
- Russia (14)
- War (13)
-
- Soviet Union (11)
- Darfur (10)
- Eastern Europe (9)
- Terrorism (9)
- United States foreign policy (9)
- Refugees (8)
- Displaced peoples (7)
- Genocide (7)
- Sudan (7)
- Capitalism (6)
- Government policy (6)
- Israel (6)
- Palestine (6)
- Privatization (6)
- United Nations (6)
- War on terror (6)
- American Israel Public Affairs Committee (AIPAC) (5)
- Conflict (5)
- Middle East (5)
- Security forces (5)
- China (4)
- Civilians (4)
- Democracy (4)
- International law (4)
- Soldiers (4)
- Publication
-
- Human Rights & Human Welfare (89)
- All Faculty Scholarship (9)
- Faculty Scholarship (4)
- Paulo Ferreira da Cunha (4)
- Leonardo García Jaramillo (3)
-
- Faculty Publications (2)
- Government and International Affairs Faculty Publications (2)
- Mary Alice Haddad (2)
- Noah D Hall (2)
- Anthony Chase (1)
- Archived Theses and Dissertations (1)
- Ariel Meyerstein, JD, PhD (1)
- Arsalan Suleman (1)
- Articles (1)
- Ashok Agrwaal (1)
- Beat Habegger (1)
- Benjamin James (1)
- Books/Book Chapters (1)
- Chad J McGuire (1)
- Contributions to Books (1)
- Cornell Law Faculty Publications (1)
- Darrin P Dixon (1)
- Don E Reeve Jr. (1)
- Elizabeth Trujillo (1)
- Faculty Articles (1)
- Global: Jurnal Politik Internasional (1)
- Graduate Program in International Studies Theses & Dissertations (1)
- Indiana Law Journal (1)
- Javier Agudo (1)
- Josh Eagle (1)
- Publication Type
- File Type
Articles 1 - 30 of 156
Full-Text Articles in Law
Debat Ketiga: Memikirkan Kembali Keilmuan Hubungan Internasional, Aryani Kristianti, Musa Maliki
Debat Ketiga: Memikirkan Kembali Keilmuan Hubungan Internasional, Aryani Kristianti, Musa Maliki
Global: Jurnal Politik Internasional
This article will argue that Third Debate is the 'revolution turn' in the study of international relations. There are some explanations to conduct this argument: the description of the history of international relations thought and epistemological problem. This illustration will lead us to understand that there is a deeply dynamic debate in philosophy circumstances. We can not close the eyes to this debate otherwise we will be stucked and trapped in the dogmatism, stagnatism and ideology. Epistemological problem of philosophy is one of the foundations of the entire big problem that should be discussed. From epistemological scrutiny, this article believes …
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
All Faculty Scholarship
In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …
The Role Of Religious Values In Politics, Darrin P. Dixon
The Role Of Religious Values In Politics, Darrin P. Dixon
Darrin P Dixon
No abstract provided.
Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire
Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire
Chad J McGuire
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.
The End(S) Of The State(?), Daniel J. Whelan
The End(S) Of The State(?), Daniel J. Whelan
Human Rights & Human Welfare
Last February, New York Times columnist Paul Krugman wrote an op-ed that anticipated Klein’s article, in part. In his view, the Bush administration has been engaged in an effort to “Green-Zone” the United States government by gutting the professional civil service—dubbed as “the enemy” by the American Enterprise Institute—and replacing its ranks with political appointees who have little interest or experience in running a state, but quite a bit of interest in enriching the private sector with public largesse. Klein’s “Disaster Capitalism” takes Krugman’s theme and pumps up the volume ten-fold.
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.
If It Were Only That Simple, Katherine Gockel
If It Were Only That Simple, Katherine Gockel
Human Rights & Human Welfare
Reading “Disaster Capitalism,” one would think that the current dire situation in Iraq and the lingering effects of Hurricane Katrina are all because of an emphasis on “small” government, privatization, and partnerships with the business sector. If only it were that simple.
The Personal Side Of Disaster Capitalism, Susan Waltz
The Personal Side Of Disaster Capitalism, Susan Waltz
Human Rights & Human Welfare
Two weeks ago a tornado ripped through my small hometown in rural Michigan (population 3,500), unexpectedly providing fresh perspective on the phenomenon Naomi Klein has called “Disaster Capitalism.” While I was writing this commentary, work crews were out with chainsaws and chippers, cutting up the remains of fallen trees and clearing mountains of debris from roads and sidewalks.
Marten Zwanenburg On Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice By Ray Murphy. New York: Cambridge University Press, 2007. 392 Pp., Marten Zwanenburg
Human Rights & Human Welfare
A review of:
UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice by Ray Murphy. New York: Cambridge University Press, 2007. 392 pp.
Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet
Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet
Human Rights & Human Welfare
A review of:
Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.
and
The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.
and
The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.
November Roundtable: Introduction
November Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Disaster Capitalism: The New Economy of Catastrophe” by Naomi Klein. Harper’s. October 2007.
American Capitalism - Disasterous Consequences?, Richard Falk
American Capitalism - Disasterous Consequences?, Richard Falk
Human Rights & Human Welfare
Naomi Klein’s depiction of late-capitalism as feeding off a disaster-prone planet and state-system is provocative and illuminating, even if it seems to be itself a form of “shock and awe” journalism. The great cultural critic of the 1960s, Norman O. Brown, memorably said of psychoanalysis, “[o]nly the exaggerations are valuable,” and so it might be with this critique of the dark sides of recent tendencies in world economic activity. It is notable that the book version of Klein’s article bears the title The Shock Doctrine: The Rise of Disaster Capitalism, which itself can be read as a sly admission that …
A Democratic Disaster, Michael Goodhart
A Democratic Disaster, Michael Goodhart
Human Rights & Human Welfare
Naomi Klein’s “Disaster Capitalism” paints a grim and compelling portrait of an emerging American dystopia: Large corporations making huge profits on non-bid contracts to handle the government’s response to natural and political disasters (like Katrina and Iraq). She envisions “a collective future of disaster apartheid, in which survival is determined primarily by one’s ability to pay.” The catalogue of outrages Klein supplies is enough to make even the local chamber of commerce president blush. Yet as I read her piece, I found myself angry not so much with the corporations as with my fellow citizens. How can we allow this …
Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen
Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen
Scholarly Works
The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggest that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances, have all also put pressure on the reified role of "treaty" in identifying rules of international …
Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007
Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007
Saffy Collection - All Textual Materials
Banquet held on Friday, October 19th, 2007.
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Human Rights & Human Welfare
From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.
© Susan Waltz. All rights reserved.*
*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Human Rights & Human Welfare
A review of:
Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.
Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein
Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein
Michael J. Kelly
This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems employed …
The Least We Can Do, Susan E. Waltz
The Least We Can Do, Susan E. Waltz
Human Rights & Human Welfare
In the early months of 2003, when the U.S. was only threatening war, humanitarian relief organizations expected thousands of refugees to flee from Iraq into neighboring countries of Jordan and Syria. They were surprised when it did not happen. Four years later, the anticipated wave has at last arrived—and in tsunami proportions.
Iraqi Resettlement: Why Congress Will Act, David A. Weinberg
Iraqi Resettlement: Why Congress Will Act, David A. Weinberg
Human Rights & Human Welfare
I would like to commend Human Rights & Human Welfare for their recent roundtable on the Iraqi refugee crisis. The Roundtable rightly draws attention to the United States government’s woefully inadequate efforts thus far to address a major humanitarian crisis of its own making.
However, I do not agree with Professor Daniel Whelan’s assessment of “why Congress won’t act” on Iraqi resettlement. Dr. Whelan argues that the new Congress appears reluctant to resettle a reasonable number of Iraqi refugees in danger because Democrats fear that doing so would precipitate Iraqi state failure by means of “brain drain.” Instead, I would …
October Roundtable: Introduction
October Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“No Refuge Here: Iraqis Flee, but Where?” by Joseph Huff-Hannon. Dissent. Summer 2007.
Would Iraqi Refugees Please Disappear, Richard A. Falk
Would Iraqi Refugees Please Disappear, Richard A. Falk
Human Rights & Human Welfare
I am grateful to Joseph Huff-Hannon for drawing our attention vividly and movingly to the plight of Iraqi refugees, its magnitude and cruelty. There are more than two million Iraqi refugees, with an estimated 50,000 per month added to the total. Many are languishing in terrible conditions in such neighboring countries as Syria and Jordan. These states, neither of which are notable as places of refuge, lack the capabilities for humane treatment even if their governments were altruistically inclined. Many Iraqis cannot even find such refuge, and remain hapless nomads in search of a sanctuary country. The U.S. refusal to …
Will Refuge Continue To Be Elusive, Katherine Gockel
Will Refuge Continue To Be Elusive, Katherine Gockel
Human Rights & Human Welfare
According to U.N. estimates, if current trends continue, the number of Iraqi asylum seekers by year-end could reach between 40,000 to 50,000. The influx of Iraqis into states such as Syria and Jordan also threatens to be a destabilizing force in those countries. Therefore, it is unreasonable to expect these states to individually cope with migration flows of this magnitude.
Iraqi Resettlement: Why Congress Won't Act, Daniel J. Whelan
Iraqi Resettlement: Why Congress Won't Act, Daniel J. Whelan
Human Rights & Human Welfare
After making an excellent case for the plight of Iraqi asylum seekers who have served as valuable allies to the United States in Iraq, Joseph Huff-Hannon’s article suggests that Congress should play a stronger role in developing a resettlement policy to allow Iraqis, who have been on “our side,” to come to the U.S. Given the current political climate on Iraq—and with Congressional Democrats desperate to score some kind of victory in its battle with the Bush White House—what exactly is holding them back?
Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.
Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.
All Faculty Scholarship
Current odious debt doctrine– using the term “doctrine” loosely, since it has never formally been adopted by a court or international decision maker– dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. Sack suggested that debt obligations are odious and therefore unenforceable if 1) they were incurred without the consent of the populace; 2) they did not benefit the populace; and 3) the lender knew or should have known about the absence of consent and benefit. The tripartite Sack definition, which quickly became the foundation of odious debt analysis, contemplates a debt-by-debt approach to questionable …
Fleeing From Violence Versus Fleeing From Poverty, Michael Goodhart
Fleeing From Violence Versus Fleeing From Poverty, Michael Goodhart
Human Rights & Human Welfare
Nour al Khal worked as a translator for New York Times reporter Steven Vincent, who was murdered by Shiite militants in Iraq. Vincent’s widow has been trying to help al Khal (who was kidnapped and shot by the same group who killed Vincent) win asylum in the United States. So far political and bureaucratic obstacles have proven insurmountable.
Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman
Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman
All Faculty Scholarship
The use of bribes to co-opt an enemy’s forces can be a more effective way to wage war than the conventional use of force: Relative to bombs, bribes can save lives and resources, and preserve civic institutions. This essay evaluates the efficacy and normative desirability of selectively substituting bribes for bombs as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck between …
Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter
Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter
Human Rights & Human Welfare
A review of:
Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.
Wars Against Civilians Are Unjust Wars, Richard A. Falk
Wars Against Civilians Are Unjust Wars, Richard A. Falk
Human Rights & Human Welfare
For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …