Law Commons^™

The Law Of War In Historical Perspective, Leslie C. Green

International Law Studies

No abstract provided.

Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis

William & Mary Bill of Rights Journal

In the early morning hours of May 5, 1863, Union soldiers forcibly arrested Clement L. Vallandigham, a prominent Democratic politician and former congressman, for an anti-war speech which he had given a few days earlier in Mount Vernon, Ohio. Vallandigham's arrest ignited debate about freedom of speech in a democracy during a time of war and the First Amendment rights of critics of an administration. This Article is one in a series by Professor Curtis which examines episodes in the history of free speech before and during the Civil War.

In this Article, Professor Curtis explores the First Amendment's guarantee …

Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.

Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder

Duke Environmental Law & Policy Forum

No abstract provided.

Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Legislation And The Problem Of Collective Action, Robert V. Percival

Duke Environmental Law & Policy Forum

No abstract provided.

Some Thoughts On Ideas That Gave Rise To International Humanitarian Law, Geza Herczegh

International Law Studies

No abstract provided.

Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf

International Law Studies

No abstract provided.

Independent Judges And Independent Justice, Suzanna Sherry

Law and Contemporary Problems

Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.

Separating Judicial Power, David P. Currie

Law and Contemporary Problems

Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.

The Federal Communications Law Journal At Sixty, Adrian Cronauer

Federal Communications Law Journal

No abstract provided.

Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel

Michigan Law Review

Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …

Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello

University of Michigan Journal of Law Reform

In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …

In Memoriam: Donald Stuart Russell, John C. Moylan Iii

South Carolina Law Review

No abstract provided.

From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley

William & Mary Law Review

No abstract provided.

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.

Petigru College, William Shepard Mcaninch

South Carolina Law Review

No abstract provided.

Digital Television History: "Take One", Herbert A. Terry

Federal Communications Law Journal

Book Review: Defining Vision: The Battle for the Future of Television, By Joel Brinkley.

Criminality In The Law Of War, Howard Levie

International Law Studies

First published in 1 International Criminal Law 233 (M. CherifBassiouni ed.) 1986)

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …

Green Forms And Legal Aid Offices: A History Of Publicly Funded Legal Services In Britain And The United States, Joan Mahoney

Saint Louis University Public Law Review

No abstract provided.

Necessary Legends: The National Equal Justice Library And The Importance Of Poverty Lawyers’ History, Marie A. Failinger

Saint Louis University Public Law Review

No abstract provided.

Compliance Programs: An Alternative To Punitive Damages For Corporate Defendants, Charles M. Foster Jr., Stephen L. Poe, Michael K. Braswell

South Carolina Law Review

No abstract provided.

Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino

Michigan Journal of Race and Law

Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …

Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood

Michigan Journal of Race and Law

A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. Matsuda

Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis

Michigan Journal of International Law

This article's purpose is not to search for particular conclusions as to the substantive merit or the present legal status of the right of humanitarian intervention as defined and in view of this seeming tension between recent practice and established principle. Its governing concern, rather, lies with: fundamental principles of analysis and method; the formal sources of public international law consulted in the examination of the validity of humanitarian intervention; how normative determinations are reached in the first place; and the techniques which are adopted in navigating our course to these ends.

Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne

Michigan Journal of International Law

The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …

The Secret Life Of The Private Attorney General, Jeremy A. Rabkin

Law and Contemporary Problems

The role of the private attorney general is discussed along with the history of the office.