Law Commons^™

From Schweizerhalle To Baia Mare: The Continuing Failure Of International Law To Protect Europe's Rivers, Aaron Schwabach

Faculty Scholarship

Beginning on January 31, 2000, at least 100,000 cubic meters of highly polluted water escaped from a tailings dam at the Aurul gold mine in Baia Mare, Romania. The water flowed into the Somes, Tisza, and Danube Rivers, causing enormous environmental damage. Most of the damage occurred in Hungary, downstream from Baia Mare. Hungarian politicians called the spill “the first, most serious environment[al] catastrophe in the 21st century,” and “the worst ecological disaster in central Europe since Chernobyl in 1986.”

More striking than the resemblance to the Chernobyl disaster, though, was the resemblance to another 1986 environmental catastrophe: the Sandoz …

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach

Faculty Scholarship

No abstract provided.

The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters

Faculty Scholarship

This article celebrates the 25th anniversary of the publication of Gary Bellow and Bea Moulton's The Lawyering Process by looking at the work from personal and theoretical perspectives. From the personal perspective, the authors discuss how The Lawyering Process influenced them as teachers and scholars. From the theoretical perspective, the authors show how the book modeled various metacognitive processes. Combining the personal with the theoretical, the article shows how The Lawyering Process challenged lawyers to be-come aware of their own thinking by demonstrating how it challenged the authors to do so.

Teaching Law Students To Be Self-Regulated Learners, Michael Hunter Schwartz

Faculty Scholarship

No abstract provided.

Affairs Of The Heart, Michael T. Flannery

Faculty Scholarship

No abstract provided.

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Faculty Scholarship

Direct jurisdiction over individuals, along with responsibilities to them, are outstanding characteristics of the new International Criminal Court (ICC or Court), as they already are of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). This Article raises issues of legitimate power to prosecute and to define criminal law and issues of individual human rights which necessarily arise in any criminal system.

This Article is predominantly an analysis of issues of criminal jurisdiction over persons as they are treated in the ICC Statute, as well as in the current ad hoc international criminal tribunals. Part II …

Teaching Law Students To Be Self-Regulated Learners, Michael Hunter Schwartz

Faculty Scholarship

This article articulates a model of self-regulated learning for law students and lawyers, explains why law schools should aspire to teach their students to be self-regulated learners and details a curriculum designed to accomplish that goal.

The first section of the article explains self-regulated learning. Self-regulated learning is a cyclical model of the learning process. In fact, all learners self-regulate, although many new law students are novice self-regulated learners. Self-regulation involves three phases. In the planning phase, learners decide what they want to learn and how they will learn it. Expert self-regulated learners are more likely to strive for mastery, …

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Faculty Scholarship

No abstract provided.

Kosovo: Virtual War And International Law, Aaron Schwabach

Faculty Scholarship

No abstract provided.