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The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …

China's New Labor Contract Law And Protection Of Workers, Li Jing

Fordham International Law Journal

This Comment will discuss the labor conditions in China that prompted many provisions in the recently enacted Labor Contract Law, and how the new law responds to deficiencies of China's Labor Law to address various labor problems. Part I of this Comment contains a brief presentation of the historical and economic background of the emergence of migrant workers. Part I also examines the causes of the main problems faced by migrant workers, in particular the insufficiencies of China's Labor Law in protecting migrant workers. Part II looks into the legislation's background and specific provisions of China's new Labor Contract Law …

Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith

San Diego International Law Journal

This Article proceeds in five parts. In part one, I review the scholarly skepticism as to how far international law is law in the "hard" sense and show that this skepticism has always permeated the discipline. In part two, I go on to examine what has prompted contemporary scholarship to credit the WTO with helping international law grow out of the "thin" normativity often attributed to it. The analysis suggests that certain features of legal positivism customarily associated with law in its strict sense, which were alleged to be lacking in international law, are found in the institutional apparatus of …

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …

Net Neutrality: An International Policy For The United States, Frederick W. Pfister

San Diego International Law Journal

Consider this scenario: Alex and John still are avid video game players and play hours a day, each connecting from the same town through different ISPs. However, since it is a peak Internet traffic time, it may be difficult for them to play. While Alex has the "Diamond" package from his ISP that ensures he has guaranteed high-bandwidth connection, John's ISP does not offer anything other than regular residential service. John must compete with everyone else in his local area for bandwidth, including a few who constantly watch high-definition video-on-demand and subsequently constrain bandwidth for other users. Would it not …

Punish Or Surveil, Diane Marie Amann

Scholarly Works

This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were …

Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins

Criminal Justice Faculty Research

The purpose of this presentation is to discuss a recent research project which seeks to offer an examination of the unique relationship between the traditional Ghanaian indigenous justice system and the established state-administered justice system. This is an overview of the interesting blend of indigenous practices (rooted in religious practices and strongly associated with spirituality and mysticism) and state (formal justice and governmental systems) in the Ghanaian justice system. In addition the topics of the treatment of women and children within these systems and the use of alternative dispute resolution, restorative justice, and conflict resolution strategies inherent within the two …

Space Program And Business In India - Legal Perspectives, Shashi Sharma

ExpressO

No abstract provided.

Comment: The European Court Of Justice's Decision To Annul The Agreement Between The United States And European Community Regarding The Transfer Or Personal Name Record Data, Its Effects, And Recommendations For A New Solution, Vanessa Serrano

ILSA Journal of International & Comparative Law

As a result of the September 11 th terrorist attacks on the United States, the U.S. government implemented new laws and regulations for international air carriers landing in U.S. airports.

Deportation Of Human Rights Abusers: Towards Achieving Accountability, Not Fostering Impunity, Simona Agnolucci

UC Law SF International Law Review

This article discusses recently enacted changes to U.S. immigration law allowing for deportation of violators of international human rights norms. By (1) examining Canada's implementation of similar immigration-based accountability measures for human rights violators; (2) analyzing three cases of alleged human rights violators who left their countries of origin; and (3) discussing deportation. of human rights violators in light of traditional theories of criminal punishment, this paper concludes that deportation alone is an inadequate means of achieving accountability. The article concludes with a series of guidelines for determining whether deportation should be used as part of a greater scheme to …

The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Enforcement Of Social And Economic Rights, Albie Sachs

American University International Law Review

No abstract provided.

Protection Of Religious Minorities In Europe: The Council Of Europe's Successes And Failures., Lauren C. Baillie

American University International Law Review

No abstract provided.

Destructive Ambiguity: Enemy Nationals And The Legal Enabling Of Ethnic Conflict In The Middle East, Michael Kagan

Scholarly Works

In the course of the Middle East conflict since 1948, both the Arab states and Israel have tended to take harsh measures against civilians based on their national, ethnic, and religious origins. This practice has been partially legitimized by a norm in international law that permits states to infringe the liberty and property interests of enemy nationals during armed conflict. Middle Eastern governments have misused the logic behind this theoretically exceptional rule to justify far-reaching measures that undermine the “principle of distinction” between civilians and combatants and erode the principle of non-discrimination that lies at the center of human rights …

Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen

Seattle University Law Review

The Global Online Freedom Act of 2007 promotes freedom of expression on the Internet by prohibiting U.S. businesses from cooperating with officials in Internet-restricting countries. While the Act should be commended for imposing a higher standard of ethical business practices on U.S.corporations, there are significant problems with curing China's censorship policies by imposing liability on U.S. Internet companies. The standards and recommendations proposed by Congress within the Act correspond with an inherently American conception of freedom of expression. Thus, the Act imposes our domestic standards, rooted in the First Amendment, on states with very different political ideologies. A better alternative …

The Legacy Of Louis Henkin: Human Rights In The "Age Of Terror" – An Interview With Sarah H. Cleveland, Sarah H. Cleveland

Faculty Scholarship

What effect has Professor Henkin's work had upon your own thoughts or scholarship in the human rights field?

My scholarly work spans the fields of international human rights and U.S. foreign relations law. I am particularly interested in the process by which human rights norms are implemented into domestic legal systems, the role the United States plays in promoting the internalization of human rights norms by other states, and the mechanisms by which the values of the international human rights regime are incorporated into the United States domestic legal system.

To say that Professor Henkin's work has contributed to my …

Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch

Kentucky Law Journal

No abstract provided.

Human Rights And The European Court Of Justice: An Appraisal, Elizabeth F. Defeis

Fordham International Law Journal

Through the decisions of the European Court of Justice ("ECJ"), human rights have been placed at the forefront of the agenda of the European Union ("EU"). In analyzing the jurisprudence of the Court, one is struck both by the substantive impact that it has had on the development of human rights throughout the Union and by the procedural route through which this has been accomplished. This brief Essay will attempt to highlight both of these developments and explore some of the challenges that the Court faces as it confronts a vastly different world from that facing Europe in 1957.

Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Case Western Reserve Journal of International Law

No abstract provided.

Simulation: From Three Days After Diagnosis Onward, Amos Guiora, Carl Adrianopoli, Charles J. Couch, Leah C. Dorman

Case Western Reserve Journal of International Law

No abstract provided.

Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch

Case Western Reserve Journal of International Law

No abstract provided.

Media Responsibility During A Terrorist Attack, Josh Meyer

Case Western Reserve Journal of International Law

No abstract provided.

Boticas Y Bodegas: The Development Of Food And Drug Regulation In Peru, Alicia C. Llosa

University of Miami Inter-American Law Review

No abstract provided.

Article 17 And The Scope Of Trademark Protection Afforded Under The Trips Agreement, Katja G. Weckstroem

ExpressO

The protection of trademarks, when it raises a conflict with the protection of geographical indications is one of the most contested issues on the international trade and intellectual property arena. In European Communities - Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs a WTO panel was faced with this issue. The panel report gives some insight into what international trademark law mandates as well as some pointers on how conflicts between different IP rights should be solved. This article attempts a deeper analysis of the coexistence of rights in the framework of the TRIPS Agreement that will …

A Defense Of Structural Injunctive Remedies In South African Law, Danielle E. Hirsch

ExpressO

This Article argues that the use of structural injunction remedies by South African courts is appropriate, and, in light of demonstrated government inaction, often necessary in order to give meaning to the protection of socio-economic rights, which is mandated by their Constitution. The Article draws upon numerous United States judicial decisions where structural injunctions have been successfully implemented to address systemic institutional inaction and violations of the equal protection and due process clauses of the United States Constitution. In numerous instances, the South African government has not acted to effectively give meaning to the socio-economic rights which were broadly declared …

Calling The United States' Bluff: How Sovereign Immunity Undermines The United States' Claim To An Effective Domestic Human Rights System, Denise L. Gilman

ExpressO

This article challenges the claims made by the United States that the civil rights system in this country adequately protects human rights, making it unnecessary for the United States to take on additional international human rights commitments. Specifically, the article uses international human rights law and comparative law to analyze the broad sovereign immunity doctrines that protect government actors in the United States from suits for damages even where constitutional violations are in play.

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole E. Jacoby

ExpressO

U.S. and German courts alike long have struggled to find the proper balance between protecting the privacy rights of criminal suspects and granting law enforcement officials the adequate tools to fight crime. The highest courts in each country have produced different paradigms for determining where the public sphere ends and the private sphere begins. In a series of cases, the U.S. Supreme Court has inquired whether a criminal defendant had a reasonable expectation of privacy when the state conducted a warrantless search of the suspect’s person, premises, or belongings. Germany’s Federal Constitutional Court, in contrast, has asked whether an investigative …

Thinking Outside The Border: Homeland Security And The Forward Deployment Of The U.S. Border, Gregory W. Bowman

ExpressO

Following the September 11, 2001, terrorist attacks, the U.S. government implemented a number of inbound cargo security programs it described as “pushing the border outward” or “expanding [the U.S.] perimeter of security.” Are these statements rhetorical flourish, or do these programs materially affect international cargo trade? This article argues that far from being mundane or rhetorical, these cargo security programs are transforming how U.S. borders operate from both a conceptual and practical perspective. Specifically, by moving certain aspects of border functionality to locations well-removed from the physical U.S. border, these programs make U.S. regulation of inbound trade significantly more extraterritorial. …

Morar V. Idf Commander In Judaea And Samaria, Dorit Beinisch, Eliezer Rivlin, Salim Joubran

Translated Opinions

Facts: The petitioners, who represent five Arab villages in the territory of Judaea and Samaria, claimed that the respondents unlawfully deny Palestinian farmers in those villages access to their agricultural land. The petitioners also claimed that the respondents do not act to prevent attacks and harassment perpetrated by Israeli inhabitants of the territory of Judaea and Samaria against Palestinian farmers and do not enforce the law against the Israeli inhabitants. In reply, the respondents explained that the agricultural land was closed only when it was necessary to protect the Palestinian farmers from harassment by Israeli inhabitants. The respondents also notified …