Law Commons^™

A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han

Brigham Young University International Law & Management Review

No abstract provided.

Constraints Of The Agreement On South Asian Free Trade Area And Saarc Agreement On Trade In Services Militating Against Sub-Regional Trade Proliferation In South Asia, Rizwanul Islam

Brigham Young University International Law & Management Review

No abstract provided.

Law Clerks Out Of Context, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the state …

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels

William & Mary Environmental Law and Policy Review

No abstract provided.

Ricci's "Color-Blind" Standard In A Race Conscious Society: A Case Of Unintended Consequences?, Michael J. Zimmer

BYU Law Review

No abstract provided.

Immature Citizens And The State, Vivian E. Hamilton

BYU Law Review

No abstract provided.

In Drag On Drugs, Ibpp Editor

International Bulletin of Political Psychology

Since commentators generally assert that the war on illegal and illicit drugs has been a failure, we should evaluate the assertion and, then, opine on why there is a war, winnable or not.

Development As Power, Alison Brysk

Human Rights & Human Welfare

While material progress towards the Millennium Development Goals is laudable, and pledges of new resources are necessary, we can never fully address poverty without talking about power. As Amartya Sen pointed out, true development depends on freedom.

The Misnomer Of Mdgs? When Goals Are Rights, Erin Mooney

Human Rights & Human Welfare

That much more must be done to meet the Millennium Development Goals is evident. The proposals put forth by Douste-Blazy and the new pledges announced at the recent UN MDG Summit are steps in the right direction. More fundamentally, what is required is to recognize that the MDGs are not merely “goals” to aim for, hitting or missing as the case may be. Rather, they are about realizing rights which governments, individually and collectively, have pre-existing legal obligations to uphold and ensure.

Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet

Human Rights & Human Welfare

The United Nations Millennium Development Goals Summit got underway on September 20th in New York. Opening speeches seemed to be a roster of who’s – who of contributors towards global poverty with the IMF and WTO leading the pack. As speeches progressed, a disturbing trend developed which romanticized the pre-recessionary period of progress towards MDG achievement and reducing world poverty.

October Roundtable: Mdgs And Human Rights Introduction

Human Rights & Human Welfare

An annotation of:

“The UN millennium development goals can be put back on track” by Philippe Douste-Blazy. The Guardian. September 5, 2010.

The Mdgs And The (New) International Economic Order, Par Engstrom

Human Rights & Human Welfare

The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …

Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov

Journal of Strategic Security

This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts …

Eriksonian Identity Theory In Counterterrorism, Cally O'Brien

Journal of Strategic Security

Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some theorists …

Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist

Journal of Strategic Security

As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)

Journal of Strategic Security

No abstract provided.

Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi

Journal of Strategic Security

This article briefly explores the economics of the "Talibanization" of Pakistan within descriptive and contextual paradigms, while attempting to find a best solution to counter rising militancy in the context of realities facing the population on the ground. One such solution is the National Pakistani Counter Terrorism and Extremism Strategy (NACTES), designed to curb Taliban financing in Pakistan. The strategy is being drafted by National Counter Terrorism Authority (NACTA), the nascent homeland security coordination body set up by the state as the primary public organ entrusted with counterterrorism, counter-extremism, and de-radicalization efforts of the state.

Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao

Journal of Strategic Security

This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The …

"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira

Indiana Law Journal

Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant's constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …

Venus In Furs: Why False Confessions Are True, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature of truth and false confessions in the context of confession and interrogation.

Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer

Duke Law & Technology Review

Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider a public educator’s use of a social networking website for disciplinary or employment decisions. Insisting that the law conform to twenty-first century social norms, this iBrief argues that the law should protect teachers’ speech on popular social networking websites like Facebook and MySpace.

Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries

Seattle University Law Review

What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …

The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman

Seattle University Law Review

While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.