Digital Commons Network^™

The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone

Journal Articles

This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …

Reenchanting International Law, Mark C. Modak-Truran

Journal Articles

I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.

What If Anything Is Wrong With Cloning A Human Being?, Arthur L. Caplan Ph.D.

Case Western Reserve Journal of International Law

No abstract provided.

Out Of The "Troubles" And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston

Fordham International Law Journal

Part I of this Note explores the history of LGB rights in Northern Ireland, focusing on the development of domestic equality legislation stemming from the recent peace process. Part II examines the statutory framework of this legislation, concentrating on what protections and rights it provides for sexual minorities in Northern Ireland. Part II also looks at a recent European Directive prohibiting discrimination against LGB persons in employment. Part III argues that for truly effective change to occur, LGB individuals need both policy-based and rights-based legislation encompassing the human rights principles of equality and non-discrimination. Part III further argues that the …

Slings And Arrows Of Outrageous Fortune: The Deportation Of "Aggravated Felons", Valerie Neal

Vanderbilt Journal of Transnational Law

Any foreign national who is convicted of an "aggravated felony," as that term is defined in the Immigration and Nationality Act, is subject to deportation from the United States. Deportation of so-called "aggravated felons" is in no way contingent upon the particular facts and circumstances in a given case. More troublingly, on the judiciary has no authority to review a deportation order based "aggravated felony" grounds. In the past decade, Congress has expanded the definition of "aggravated felony" to encompass many minor crimes that are neither aggravated nor felonious.

The deportation of foreign nationals on "aggravated felony" grounds is effectively …

Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Freedom Of Expression Under The European Convention On Human Rights: A Comparison With The Inter-American System Of Protection Of Human Rights, Amaya Ubeda De Torres

Human Rights Brief

No abstract provided.

Attacks From Within: Zimbabwe's Assault On Basic Freedoms Through Legislation, Jamal Jafari

Human Rights Brief

No abstract provided.

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola

Oklahoma Law Review

No abstract provided.

Assessing Legislative Restrictions On Constitutional Rights: The Russian Constitutional Court And Article 55(3), Peter Krug

Oklahoma Law Review

No abstract provided.

The Investigation And Prosecution Of White-Collar Crime: International Challenges And The Legal Tools Available To Address Them, Thomas G. Snow

William & Mary Bill of Rights Journal

No abstract provided.

Hamoked V. Commander Of The Idf Forces In The West Bank, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Beginning in September of 2000, there was an increase in Palestinian terrorist activity against the Jewish community in Judea and Samaria, the Gaza Strip, and within Israel itself.  Hundreds were killed and wounded.  In reaction, the army initiated military activities.  Hundreds of Palestinians were killed and wounded.  Terrorist activity intensified in the beginning of 2002.  In March of that year there was an increase of Palestinian terrorist activity.  Approximately one hundred and twenty Israeli civilians were killed and hundreds were wounded.  In response to the terrorist activity, the government decided, on 29.03.2002, to carry out a large-scale military operation.  The …

Environmental Damages And Crimes, Jeffry S. Wade, Rafael González Ballar, Fernando C. Walcacer, José Rubens Morato Leite, Marcelo Buzaglo Dantas

UF Law Faculty Publications

Part III of Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002). Discusses the United States and Environmental Law, Costa Rica and Environmental Law, Brazil and Environmental Law, and Brazil and Environmental Damage.

Ireland's Secular Revolution: The Waning Influence Of The Catholic Church And The Future Of Ireland's Blasphemy Law, Kathryn A. O'Brien

Connecticut Journal of International Law

This comment explores the prior and existing influence of the Catholic Church over the interpretation of the Irish Constitution. Section II examines the Irish Constitution's religious provisions and looks at methods of judicial constitutional interpretation. Section III delves into the major secular trends that have effected constitutional changes in Ireland over the last few decades, focusing on the decriminalization of homosexuality, the lift of the ban on divorce, and the relaxation of Ireland's abortion prohibition. The comment concludes in Section IV with an overview of the Irish Constitution's blasphemy provision, including its roots in English law, and analyzes the possibility …

The International Review | 2002 Fall, Michael Rhee

The International Review Newsletter

Adjusting the Backbone of International Trade: Should the WTO Reform its Dispute Settlement Rules?

Uncle Sam v. the European Union: Averting Trade Wars Between the Two Titans

Alumnae Profile: 1996 Evening Division student, New York City-based international law firm (Frankfurt, Germany, office)

A Concise Guide to the International Monetary Fund and the World Bank

Bush: I’ve Got My Authority Back

Once a Monk, Now WTO Chief

You’ve Got Copyright Protection, Babe!

Next WTO Meeting in Vacation Capital

Don’t Bank on China’s Banking System

Batting .900 at WTO, But Taking a Really Big Strike

Steel: Embracing Protectionism to Promote Trade?

“Axis …

Welcome To Guanajuato, Juan Carlos Romero Hicks

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller

ILSA Journal of International & Comparative Law

In the United States federalist model, constituent states haven't much opportunity to irritate foreign nations.

Recent Developments In International Law: Anti-Terrorism Legislation-Part Two: The Impact And Consequences, Joshua D. Zelman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Technological Advancements And The Evolution Of Terrorism, Cheri Ganeles

ILSA Journal of International & Comparative Law

Terrorism is one of the most heinous crimes against humanity and human rights.

Reaping The Benefits Of Agricultural Biotechnology Through Uniform Regulation, 35 J. Marshall L. Rev. 433 (2002), Nathan W. Eckley

UIC Law Review

No abstract provided.

The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

NATO's intervention in Yugoslavia in 1999 in response to violations of human rights raises a number of legal and moral questions concerning the right of states to respond to humanitarian disasters.

Identifying Terrorists: Privacy Rights In The United States And The United Kingdom, Joyce W. Luk

UC Law SF International Law Review

While the privacy concerns raised by technological advances are widely recognized, recent terrorist attacks and developments in surveillance and information technologies have led to a convergence of technologies that present new challenges to the right to privacy.

This Note gives a general background on video surveillance and facial recognition software and discusses the technology behind, and uses of, closed circuit television in the United States and elsewhere. The Note also explores the meaning of privacy, privacy rights, and their applicability to facial recognition technology, video surveillance, and other emerging surveillance technologies in the United States. It discusses privacy rights and …

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?

United Kingdom Transgender Win, Arthur S. Leonard

Other Publications

No abstract provided.

Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick

Fordham International Law Journal

In the Good Friday Agreement of 1998, the Irish government committed to incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) into Ireland's domestic law. Ireland's promise to promote human rights is consistent with the Good Friday Agreement. Although the government agreed to incorporate the ECHR by October 1999, it has yet to be incorporated because Attorney-General Michael McDowell and Minister of Justice John O'Donoghue could not decide how to do so. This Note examines the manner in which Ireland should incorporate the ECHR into Irish domestic law. Part I of this Note discusses background …

Introduction: Teaching Through Tragedy, David Logan

Case Western Reserve Journal of International Law

No abstract provided.

Book Review, Steven D. Smith

Vanderbilt Journal of Transnational Law

Surely none of the following essays addresses or explores these claims and questions in any deliberate way. Nonetheless, in these opening pages, it seems that Ahdar is seeking to re-engage the questions that characterized the Western tradition from which our modern issues in law and religion descend, but which that tradition in its modern form has by now largely suppressed. The implication, it seems, is that in order to address the issues of the interaction of law and religion in an efficacious way, we must not only acknowledge that religion is a social phenomenon--although it is that, as Professor van …

The Republican Constitution Of 1963: The Supreme Court And Federalism In Nigeria, Akin Alao

University of Miami International and Comparative Law Review

No abstract provided.

The Accountability Of Government Networks, Anne-Marie Slaughter

Indiana Journal of Global Legal Studies

No abstract provided.