Law Commons^™

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Mark Vallianatos

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the employment …

Civic Responsibility And Patterns Of Voluntary Participation Around The World, Mary Alice Haddad

Mary Alice Haddad

This article seeks to explain why different types of volunteer organizations are prevalent in different countries. It hypothesizes that patterns of volunteer participation are a function of citizen attitudes toward governmental and individual responsibility for caring for society. Those countries (e.g., Japan)—where citizens think that governments should be responsible for dealing with social problems—will tend to have higher participation in embedded volunteer organizations, such as parent-teacher associations. Those countries (e.g., the United States)—where citizens think that individuals should take responsibility for dealing with social problems—will tend to have more participation in nonembedded, organizations, such as Greenpeace. These hypotheses are tested …

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …

The Next Los Angeles: The Struggle For A Livable City, Regina Freer, Robert Gottlieb, Mark Vallianatos, Peter Dreier

Regina Freer

While most historians, journalists, and filmmakers have focused on Los Angeles as a bastion of corporate greed, business boosterism, political corruption, cheap labor, exploited immigrants, and unregulated sprawl, The Next Los Angeles tells a different story: that of the reformers and radicals who have struggled for alternative visions of social and economic justice. In a new preface, the authors reflect on the gathering momentum of L.A.'s progressive movement, including the 2005 landslide victory of Antonio Villaraigosa as mayor.

Bilateral Breakdown: U.S. – Canada Pollution Disputes, Noah D. Hall

Noah D Hall

The United States and Canada have one of the strongest bilateral relationships in the world, and the history of cooperation and diplomacy on environmental matters has been a major part of their relationship. However, as some recent efforts to resolve U.S.- Canadian pollution disputes through diplomacy and international law have failed, environmental advocates have looked to domestic litigation in U.S. courts to vindicate their rights. Is this a welcome development for environmental protection or a troubling trend for bilateral diplomacy? This essay explores the recent developments with a historical perspective and provides some recommendations for balancing the competing interests of …

The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann

Michael D. Mann

This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.

The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).

Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Três tópicos sintetizam as preocupações da presente leitura de Tomás Moro: antes de mais, o direito constitucional e a polémica constitucional que acabou em crime político sob forma penal – a decapitação de Moro por traição; depois (mas apenas por comodidade depois, porque está antes de tudo em Moro), o cristianismo, mola propulsora da vida, do pensamento e da obra desta figura; finalmente, a utopia social, o seu contributo para a filosofia política, numa clave que normalmente não é a da maioria dos expoentes recentes do pensamento cristão – e daí, também, a sua originalidade.

Pre-Disaster Planning And Mitigation And Its Impact On Comprehensive Emergency Management And The Nation: Pre-Disaster Mitigation (Pdm) Program And The Population Protected, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

A Project for a Professional Degree submitted to The Faculty of School of Engineering and Applied Science of The George Washington University in partial fulfillment of the requirements for the degree of Applied Scientist of Engineering Management May 21, 2006

On October 10, 2000, The Disaster Mitigation Act of 2000 (DMA 2000 or DMA 2K) (Public Law 106-390) was enacted, amending the Robert T. Stafford Relief and Emergency Assistance Act and established new requirements for the national for hazard mitigation planning. States, Tribes, territories, and local governments now must have an approved mitigation plan in place prior to receiving certain …

Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall

Noah D Hall

This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world’s largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism approach …

Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen

David B Kopel

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …

Homeland Security: Engaging The Frontlines - Symposium Proceedings, George H. Baker, Cheryl J. Elliott

George H Baker

The rise of the American homeland security endeavor under the leadership of the new Department of Homeland Security has been heralded by several major national strategy documents. These documents have served to organize efforts at top levels within the government and industry. However, the national strategy guidance is not getting to many organizations and people at the grass-roots level who can make the most difference in preventing attacks, protecting systems, and recovering from catastrophic events, viz. the general citizenry, private infrastructure owners, and local governments. To better understand grass-roots issues and solutions, James Madison University, in cooperation with the Federal …

"One Person, One Vote, And The Constitutionality Of The Winner-Take-All Allocation Of Electoral Votes", David A. Schultz

David A Schultz

The winner-take-all method of allocating electoral votes in presidential races is the norm among states, yet nowhere in the Constitution is this practice mandated. This article contends that the winner-take-all allocation of electors unconstitutionally magnifies the battleground states' influence on the final Electoral College tally and that these inequities cannot be reconciled with the principle of one-person, one-vote that the US Supreme Court articulated in the landmark Reynolds v. Sims. In 1966 the Supreme Court declined to hear a case contesting the constitutionality of the winner-take-all system based on the one person, one vote, principle. It is time for the …

Detainee Treatment Act Of 2005, Arsalan M. Suleman

Arsalan Suleman

This Recent Development focuses on the legal standards that would govern the treatment and interrogation tactics applicable to detainees held by the United States abroad after the passage of the Detainee Treatment Act (DTA). The article first discusses the legal implications of the DTA as to U.S. law on the use of torture or CID treatment, which primarily concerns Sections 1002 and 1003 of the DTA. Then, it explores certain shortfalls in the scope of these sections on this issue, as the sections do not fully address all of the potential ways in which detainee abuse and torture might continue. …

Regularização Fundiária Sustentável Na Vila Acaba Mundo, Rafael De Oliveira Alves, Vívian Barros Martins

Rafael de Oliveira Alves

Na primeira seção apresentamos o Programa Pólos de Cidadania; e, em seguida, o seu Projeto na Vila Acaba Mundo. Na terceira parte, expomos referenciais teóricos e metodológicos da regularização fundiária; e, finalmente, a quarta parte, encarrega-se de apresentar uma proposta pedagógica inovadora para o ensino do direito urbanístico.

Princípios Do Direito À Cidade: Território Da Cidadania, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Construindo O Conceito De Justiça No Território Urbano, Rafael De Oliveira Alves

Rafael de Oliveira Alves

No abstract provided.

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …

Show Trial Or Real Trial? A Digest Of The Evidence Submitted During The Prosecution's Case-In-Chief At The Dujail Trial Of The Iraqi High Tribunal, Greg Mcneal

Greg McNeal

During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances ignored the fact that the Prosecution meticulously built a compelling case against Saddam and his seven co-defendants. This essay provides a detailed précis of the evidence submitted during the Prosecution's case-in-chief. It includes an analysis of the testimony of the three-dozen witnesses, the surprising admissions of defendants Saddam Hussein and Barzan al-Tikriti, and the numerous Exhibits that have been admitted into evidence. …

Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle

Josh Eagle

The U.S. Commission on Ocean Policy and the Pew Oceans Commission reports contain a range of suggestions aimed at legislatively or administratively improving current ocean management structures. In this paper, I critique one of the major recommendations common to both reports, that is, the call for “regional ocean governance.” Although each commission’s plan for implementing a regional approach is different, their rationales and design concepts are quite similar: After explaining that present institutions are too narrow in their geographic and substantive scope, the reports go on to advocate for the establishment of larger scale, more “comprehensive” management bodies. I argue …

Unfortunate Legacies: Hearsay, Ex Parte Affidavits And Anonymous Witnesses At The Iht, Greg Mcneal

Greg McNeal

This brief essay was part of a symposium entitled Fairness and Evidence in War Crimes Trials. To mark the commencement of the first international criminal trials taking place at the International Criminal Court in The Hague, this special issue was devoted to the question whether a person facing charges for war crimes or crimes against humanity can receive a fair trial on the evidence. The Editors of ICE asked a number of experts in the field of international criminal law and evidence, including judges, practitioners, and academics, to submit short pieces on this topic. Unfortunate Legacies Details how The Iraqi …

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …

A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment

William G. Merkel

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …

“El Derecho Alimentario De La Unión Europea: La Aplicación Del Principio De Precaución”, Luis González Vaqué

Luis González Vaqué

The precautionary principle enables rapid response in the face of a possible danger to human, animal or plant health, or to protect the environment. In particular, where scientific data do not permit a complete evaluation of the risk, recourse to this principle may, for example, be used to stop distribution or order withdrawal from the market of products likely to be hazardous.

El principio de precaución permite reaccionar rápidamente ante un posible peligro para la salud humana, animal o vegetal, o para proteger el medio ambiente. De hecho, en caso de que los datos científicos no permitan una determinación completa …