Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 25 of 25

Full-Text Articles in Social and Behavioral Sciences

An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith Oct 2018

An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith

William & Mary Environmental Law and Policy Review

The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …


Reframing Humans (Homo Sapiens) In International Biodiversity Law To Frame Protections For Climate Refugees, Jullee Kim Apr 2018

Reframing Humans (Homo Sapiens) In International Biodiversity Law To Frame Protections For Climate Refugees, Jullee Kim

William & Mary Environmental Law and Policy Review

Currently, application of international environmental law assumes that humans are separate from nature. Yet, the terminology commonly adopted for persons displaced as a result of climate change, “climate refugees,” represents the ultimate expression of the nexus where impacts from both natural and human systems coalesce. “Climate” represents the physical conditions appearing as a result of climate change and altering a person’s home to render it no longer habitable. While suitability of the term “refugees” in the climate change context is debated, it represents the political and societal conditions forcing the person to flee from their home, potentially across national borders, …


An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger Apr 2018

An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger

William & Mary Environmental Law and Policy Review

No abstract provided.


Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez Nov 2016

Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez

William & Mary Environmental Law and Policy Review

No abstract provided.


Determining Extraterritoriality, Franklin A. Gevurtz Nov 2014

Determining Extraterritoriality, Franklin A. Gevurtz

William & Mary Law Review

This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …


Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith Oct 2014

Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith

William & Mary Law Review

Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …


A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula Feb 2012

A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula

William & Mary Environmental Law and Policy Review

No abstract provided.


A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello Feb 2011

A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello

William & Mary Environmental Law and Policy Review

Generally, the world’s largest dams have been erected and managed
by governments, while individual owners have been responsible for private
dams. Both kinds of dams have experienced technical failures that
have resulted in tragic losses of life as well as disastrous damage to property
and environment, and this has generated serious concerns regarding
dams’ safety worldwide. In Australia, despite the fact that attention has
been focused on the physical and technical integrity of medium- to largescale
dams, the smaller private dams have been virtually ignored with
regard to their serious potential and actual problems. Specifically, private
dams pose threats to …


Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele Jan 2010

Book Review Of Universities And Copyright Collecting Societies, Benjamin J. Keele

Library Staff Publications

No abstract provided.


Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Jan 2010

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Faculty Publications

No abstract provided.


Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao Jan 2007

Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao

Faculty Publications

No abstract provided.


Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks Apr 2005

Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks

Faculty Publications

The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering the success …


Diplomatic Adjudication, Nancy Amoury Combs Apr 2001

Diplomatic Adjudication, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs Jan 2001

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Humanitarian Intervention At A Crossroads, Bartram S. Brown May 2000

Humanitarian Intervention At A Crossroads, Bartram S. Brown

William & Mary Law Review

No abstract provided.


Reconsidering The Legality Of Humanitarian Intervention: Lessons From Kosovo, Julie Mertus May 2000

Reconsidering The Legality Of Humanitarian Intervention: Lessons From Kosovo, Julie Mertus

William & Mary Law Review

No abstract provided.


Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone May 2000

Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone

William & Mary Law Review

No abstract provided.


The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone Jan 2000

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.


Under The Danube Canopy: The Future Of International Waterway Law, Michael A. Hyman Oct 1998

Under The Danube Canopy: The Future Of International Waterway Law, Michael A. Hyman

William & Mary Environmental Law and Policy Review

No abstract provided.


Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone Jan 1996

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.


Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone Jan 1994

Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone

Faculty Publications

No abstract provided.


Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone Jan 1993

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Faculty Publications

No abstract provided.


The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone Jan 1987

The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone

Faculty Publications

No abstract provided.


The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone Jan 1985

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Faculty Publications

No abstract provided.


Book Review Of Law Without Precedent: Legal Ideas In Action In The Colonial Courts Of Busoga, Larry I. Palmer Jan 1971

Book Review Of Law Without Precedent: Legal Ideas In Action In The Colonial Courts Of Busoga, Larry I. Palmer

Faculty Publications

No abstract provided.