Law Commons^™

Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul Williams, Karina Waller

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In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia.

During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

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No abstract provided.

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins

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INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

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No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

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This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

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This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Empathy, Spring, And Fervorino, Susan Bennett

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No abstract provided.

Extending The Revisionist Project, Lewis Grossman

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No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

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No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

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No abstract provided.

An Intimate Portrait Of Peter M. Cicchino, Jamin B. Raskin

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No abstract provided.

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

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No abstract provided.

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

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This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

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The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

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No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

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No abstract provided.

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

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No abstract provided.

Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson

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No abstract provided.

The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin

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No abstract provided.

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

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This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …

Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker

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No abstract provided.

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

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No abstract provided.

Strengthening Access To Information And Public Participation In Transition Countries - Latvia As A Case Study In Administrative Law Reform, Jeffrey Lubbers

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No abstract provided.

Inter-American System, Claudia Martin

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No abstract provided.

The Case Of Awas Tingni V. Nicaragua A Step In The International Law Of Indigenous Peoples, Claudio Grossman, S James Anaya

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The people of Awas Tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. Awas Tingni is one of numerous Mayagna, or Sumo, indigenous communities in the isolated Atlantic Coast region of Nicaragua. The Community has sought simply, but doggedly, to be secure in the peaceful possession of traditional lands. It has achieved a major step toward that end, and more. The Community's identity in the minds of outsiders is now merged with that of a landmark case, The Case of the Mayagna (Sumo) …

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes

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INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …

Introductory Remarks: The Burden Of Judicial Bypass Proceedings, Ann Shalleck

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No abstract provided.

Toward A Bridge: The Role Of Legal Academics In The Culture Of Private Practice, Camille Nelson

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No abstract provided.

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

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In this article, I argue that the protagonists in the sometimes bitter debate about dams that resulted in the establishment of the World Commission on Dams share common perceptions about development decision-making with the protagonists in the debates that have occurred at the local, national, and international level about such issues as natural resource and infrastructure projects, corporate relocations, globalization, and global governance. In this context, 'development decision-making' means the way in which individuals, groups and institutions decide to adopt and then implement policies, programs, and projects that affect the evolution of their own and/or other's social and physical environments. …

Elite Privilege And Public Interest Lawyering [Comments], Susan Carle

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In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The “proper presentation of the legal fight against segregation,” Boston urged, should focus on gathering “facts, not law” to demonstrate to the courts the law's “actual operation.”; Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting such …