Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach,
2011
Kennesaw State University
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher Totten
Faculty and Research Publications
This Article consists of four parts. Part I addresses the US approach to immunity for current and former foreign heads of state as well as the related issue of foreign official immunity. Part I includes a discussion of the 2010 US Supreme Court case of Samantar, which addresses foreign official immunity. Part II explores head-of-state and official immunity under international law, including a discussion of Democratic Republic of the Congo v. Belgium decided by the International Court of Justice ("ICJ"), the Charles Taylor immunity decision of the Special Court for Sierra Leone, the ongoing case by the ICC against Sudanese …
Fair Trade And Fair Trade Certification Of Food And Agricultural Commodities: Promises, Pitfalls, And Possibilities,
2010
Selected Works
Fair Trade And Fair Trade Certification Of Food And Agricultural Commodities: Promises, Pitfalls, And Possibilities, Sarasij Majumder
Sarasij Majumder
The global circulation of food and agricultural commodities is increasingly influenced by the ethical choices of Western consumers and activists who want to see a socially and environmentally sustainable trade regime in place. These desires have culminated in the formation of an elaborate system of rules, which govern the physical and social conditions of food production and circulation, reflected in transnational ethical regimes such as fair trade. Fair trade operates through certifying producer communities with sustainable production methods and socially just production relationships. By examining interdisciplinary academic engagements with fair trade, we argue that fair trade certification is a transnational …
Privatization As A Strategy In The United Kingdom, United States, And Beyond,”,
2010
Wesleyan University
Privatization As A Strategy In The United Kingdom, United States, And Beyond,”, Brian J. Glenn
Brian J. Glenn
No abstract provided.
Electronic Reserves And Fair Use: Preservation Of Educational Exceptions To Copyright Law,
2010
University of St. Augustine for Health Sciences
Electronic Reserves And Fair Use: Preservation Of Educational Exceptions To Copyright Law, Eric A. Robinson
Education Collection
Electronic course reserves serve a vital function in university instruction, enabling students to easily access important published literature in their discipline. While electronic systems have greatly improved the functionality of course reserves and have led to their ubiquitous use on campus, publishers have become more litigious and threaten to erode educational exceptions to copyright law under fair use. This paper reviews recent relevant case law with a view to providing recommendations for best practices for electronic reserves in university libraries that preserve traditional legal exceptions to copyright protections in education. While the courts have often upheld these exceptions, libraries could …
Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas,
2010
Liberty University School of Law
Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan
Faculty Publications and Presentations
An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties,
2010
University of Nebraska at Lincoln
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Department of Geography: Dissertations, Theses, and Student Research
This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …
Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator,
2010
Universidad del Desarrllo
Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
The author criticizes the power of the Chilean Constitutional Court to exercise compulsory ex-ante control of statutes, established in article 93, number 1, of the Chilean Constitution. After clarifying its special juridical nature, he analyzes the advantages and disadvantages of this system of control, using national and foreign bibliography. The existence of a constitutional seal aggravates the disadvantages. Then, he dedicates a section to study the motivation of the judgments generated in this type of control, questioning its value. For such purposes he makes a theoretical and empirical study of the jurisprudence of the Chilean Constitutional Court in the last …
Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000,
2010
Grinnell College
Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald
David Cook-Martín
The relationship between classical political liberalism and racism poses distinct puzzles for different schools of scholarship. On the one hand, conventional accounts maintain that racism has been an aberration in politically liberal regimes. In the field of international migration, prominent analysts have argued that politically liberal regimes are inherently incompatible with legal discrimination based on race. Yet an examination of immigration and nationality laws throughout the Americas from 1850 to 2000 suggests that racial discrimination has been more common in liberal than in illiberal countries of immigration. These empirical findings puzzle scholars who assume (1) the progressive extension of rights …
The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas,
2010
University at Albany, SUNY
The Susceptibility Of Juveniles To False Confessions And False Guilty Pleas, Allison D. Redlich
Allison D Redlich
No abstract provided.
Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness,
2010
University at Albany, SUNY
Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison D. Redlich, Alicia Summers, Steven Hoover
Allison D Redlich
No abstract provided.
Enrollment In Mental Health Courts: Voluntariness, Knowingness, And Adjudicative Competence,
2010
University at Albany, SUNY
Enrollment In Mental Health Courts: Voluntariness, Knowingness, And Adjudicative Competence, Allison D. Redlich, Steven Hoover, Alicia Summers, Henry J. Steadman
Allison D Redlich
No abstract provided.
False Confessions, False Guilty Pleas: Similiarities And Differences,
2010
University at Albany, SUNY
False Confessions, False Guilty Pleas: Similiarities And Differences, Allison D. Redlich
Allison D Redlich
No abstract provided.
China In Context: Energy, Water, And Climate Cooperation,
2010
SelectedWorks
China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.
Collaborative Community-Based Natural Resource Management,
2010
SelectedWorks
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
Emerging Law Addressing Climate Change And Water,
2010
SelectedWorks
Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.
Introduction To 'Queer Theory: Law, Culture, Empire',
2010
Schulich School of Law, Dalhousie University
Introduction To 'Queer Theory: Law, Culture, Empire', Robert Leckey, Kim Brooks
Articles, Book Chapters, & Popular Press
This is the introduction to an edited collection. The book uses queer theory to examine the complex interactions of law, culture, and empire in relation to sexual minorities. Building on recent work on empire, it studies how law-reform efforts by sexual minorities can unwittingly advance imperial projects and how queer theory can itself show imperial ambitions. The book takes a contextual, socio-legal, comparative, and interdisciplinary approach. The authors - from five continents - study examples from Bollywood cinema to California’s 2008 marriage referendum. The chapters view a wide range of texts - from cultural productions to laws and judgments - …
Lyondell: A Note Of Approbation,
2010
University of Pennsylvania Carey Law School
Lyondell: A Note Of Approbation, William W. Bratton
All Faculty Scholarship
No abstract provided.
Constructing Commons In The Cultural Environment,
2010
University of Pittsburgh School of Law
Constructing Commons In The Cultural Environment, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Articles
This Essay considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environment(s) within which they are embedded and with which they share interdependent relationships. Such an improved understanding is critical for obtaining a more complete …
Guantanamo Bay Just Preventative Detention Of Terrorist Or A Fundamental Violation Of Due Process?,
2010
Bridgewater State University
Guantanamo Bay Just Preventative Detention Of Terrorist Or A Fundamental Violation Of Due Process?, Michelle Cubellis
Undergraduate Review
In response to the terrorist attacks of 9/11, in October of 2001, the Bush Administration launched the “War on Terror,” an attempt to eliminate all terrorist threats to the United States. As part of this war, the Bush Administration began detaining individuals it believed were linked to terrorism. Instead of capturing these individuals giving them a trial to determine whether they were guilty or innocent, and either sentencing them or releasing them, the Bush Administration detained these individuals at Guantanamo. They were held without due process and without access to federal courts. The Bush Administration repeatedly claimed that is was …
Conservatism And American Political Development,
2009
Wesleyan University
Conservatism And American Political Development, Brian Glenn
Brian J. Glenn
No abstract provided.
