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Social and Behavioral Sciences Commons

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Law

2003

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Articles 1 - 11 of 11

Full-Text Articles in Social and Behavioral Sciences

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon Sep 2003

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It ...


New Changes In The Underwater Law, Carl Naylor Jul 2003

New Changes In The Underwater Law, Carl Naylor

Faculty & Staff Publications

No abstract provided.


Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd Jul 2003

Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd

School of Public Policy Working Papers

Should the justices of the Supreme Court rely on “original intent” as the foundation for constitutional interpretation? Or should they be free to interpret the Constitution in light of hermeneutical approaches created by current philosophies of law? This essay examines the Marshall Court to determine whether its opinions take their bearings from the American Founding or instead rely on a philosophy of jurisprudence that can be separated from the Founding. The purposes of this essay are fourfold: 1) to provide a comprehensive account of the use of the Framers by the Marshall Court, 2) address the normative question of the ...


Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey Jun 2003

Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

7 pages.

"Steve Bailey, National Center for Atmospheric Research"


The Suppression Of Diversity, Adrian J. Lottie, Phyllis A. Clemens Noda Jan 2003

The Suppression Of Diversity, Adrian J. Lottie, Phyllis A. Clemens Noda

Ethnic Studies Review

Is it a systematic strategy or a mutation of millennial ferver that drives the escalating challenges to the civil rights of this nation's racial, linguistic, and national origin minorities? Increasing juridical, legislative, and popular assaults on affirmative action policies coupled with the sometimes less heralded emergence of a de facto U.S. language policy are sweeping through the states. These activities draw on a consistent repertoire of approaches from the invocation of the very language and concepts of the civil rights movement to the isolationist "buzz-words" of early twentieth century advocates of "Americanization." In an effort to legitimize their ...


Ethnic And Racial Definitions As Manifestations Of American Public Policy, Ashton Wesley Welch Jan 2003

Ethnic And Racial Definitions As Manifestations Of American Public Policy, Ashton Wesley Welch

Ethnic Studies Review

Official definitions of race and ethnicity in American law reveal a great deal about public policy in an environment of ethnic pluralism. Despite some ambiguity over who is black or Hispanic or an Aleut, relatively few people fall between the wide cracks in the American patchwork of identity classifications. Those cracks, however, tell us a great deal about the ambivalence of the American polity toward ethnicity.1


Environmentalism In Indonesian Politics, Robert Cribb Jan 2003

Environmentalism In Indonesian Politics, Robert Cribb

Robert Cribb

Environmential politics emerged in Indonesia during the autheoritarian Suharto era. Rather than being a reaction to Suharto's predatory approach to the environment, many environmental policies were closely tied to the managerial, technocratic and campaign-oriented approach of the New Order.


“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii Jan 2003

“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii

SJD Dissertation Abstracts

This study documents the long and sordid history of corruption--both perceived and corroborated--in the West Virginia political process. The researcher explores the considerable amounts of money spent by wealthy individuals for election or re-election. It documents the effect of high-cost elections, an effect which in many instances has spawned criminal activity. The author relates ostensibly ceaseless measures of corruption at the executive, legislative, and judicial levels. The findings indicate the existence of problems in West Virginia politics since the State's inception in 1863, including vote buying, vote rigging, undue geographical barriers, and lawlessness leading to numerous declarations of martial ...


Foreign Labor Trends: Switzerland, U.S. Department Of Labor Jan 2003

Foreign Labor Trends: Switzerland, U.S. Department Of Labor

Federal Publications

No abstract provided.


Legal Transitions: Some Welfarist Remarks, Matthew D. Adler Jan 2003

Legal Transitions: Some Welfarist Remarks, Matthew D. Adler

Faculty Scholarship

This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational ...


Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor Dec 2002

Legal Research In Mass Communication, Erik Ugland, Everette E. Dennis, Donald M. Gillmor

Erik Ugland

No abstract provided.