Digital Commons Network^™

Using Legal Process To Fight Terrorism: Detentions, Military Commissions, International Tribunals, And The Rule Of Law, Laura T. Dickinson

GW Law Faculty Publications & Other Works

Following the 9/11 terrorist attacks, those arguing that international law cannot serve as an effective tool in the fight against terrorism have grown. The ranks of international relations realists, who view international law primarily as a cover for strategic interests and thereby as lacking any independent bite, has swelled. In November 2001, President Bush issued an executive order asserting the authority to use military commissions to try individual terrorism suspects captured by the United States. Such commissions would be conducted unilaterally and would not be required to include procedural safeguards to protect the rights of the accused. This crisis has …

Parenthood, Genes, And Gametes: The Family Law And Trusts And Estates Perspectives, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article proposes a solution to resolve the legal issues that arise from the disposition of eggs, zygotes, and sperm upon divorce or death. I address two overlapping issues in family law and trusts and estates law: (1) whether the partner seeking procreation may use gametic material over the objections of the other partner and (2) how should the use of donated, willed, or marital gametic material affect the legal determination of parenthood?

In family law cases, courts generally rule in favor of the person seeking to avoid procreation, regardless of any evidence as to the intent of the parties. …

Corporate Governance And The Global Social Void, Lee A. Tavis

Vanderbilt Journal of Transnational Law

This Article argues that the components of globalization--economic integration, democratization, and global governance networks--are changing the nature of corporate governance and the prospects for peace. Multinational enterprises are the instruments of economic integration. As such, multinationals as a group deserve credit for the positive productivity-related wealth effects of the process. As the implementing institutions, these enterprises are also inextricably related to the inequality--the social void--resulting from globalization that threatens peace.

Hyper competition in the global product markets and the demands of the financial markets determine, to a large extent, the activities of the multinational. Alternatively, there is an evolving opportunity …

Japan's Communications Interception Act: Unconstitutional Invasion Of Privacy Or Necessary Tool?, Lillian R. Gilmer

Vanderbilt Journal of Transnational Law

In August 1999, Japan became the last of the G8 nations to pass legislation to allow law enforcement to wiretap communications. For some, passage of the law was long overdue; for others, its passage marked the beginning of an impermissible government encroachment on civil rights. This Note examines Japan's Communications Interception Act, the forces in Japanese society creating the need for the law, and the reasons why the law is being challenged. Part II examines the policy behind the law, its history, and public reaction to the law. Part III presents the history of organized crime in Japan, and a …

Persuasion And Resistance: The Use Of Psychology By Anglo-American Corporate Governance Advocates In France, James A. Fanto

Vanderbilt Journal of Transnational Law

The Author argues that in the 1990s Anglo-American corporate governance became the dominant model for large, public firms in the international business world, and that corporate governance professionals relentlessly promoted and exported Anglo-American corporate governance throughout the developed and developing world. Contending that it is an appropriate time--if only because the U.S. recession and international hostilities have tempered the "irrational exuberance" of capital market proponents--to examine critically the advocacy of Anglo-American corporate governance, the Author proposes that an important part of the critical assessment is to explain the momentum of the dominant model: to understand why Anglo-American corporate governance appeared …

Health Versus Trade: The Future Of The Who's Framework Convention On Tobacco Control, Alyssa Woo

Vanderbilt Journal of Transnational Law

On October 16, 2000, the World Health Organization (WHO) began the first session of negotiations of its first international health treaty, the Framework Convention on Tobacco Control (FCTC). Scheduled for adoption in May 2003, the FCTC is a comprehensive multilateral treaty that will cover everything from tobacco smuggling to tobacco advertising and the extent of the liability of tobacco companies.

This Note argues that even-handed domestic measures implementing the FCTC will be protected from international, trade-based complaints because the World Trade Organization's dispute settlement system has given sufficient and appropriate content to the health exception to the normal trade rules …

The Routinization Of Prenatal Testing, Sonia M. Suter

GW Law Faculty Publications & Other Works

As testing for late-onset genetic conditions becomes increasingly available, concerns have been raised about the psychosocial costs of obtaining such genetic information. Anxiety and distress can result from testing that offers only probabilistic results as to whether and when the condition will develop, especially when treatment is limited or unavailable. Many have therefore urged caution regarding late-onset testing, suggesting that knowledge can sometimes be toxic. This article argues that the same circumspection does not exist with respect to prenatal testing, which has become de rigeur as a result of a complex mix of norms within the medical community, society, and …

Faithless Wives And Lazy Husbands: Gender Norms In Nineteenth Century Divorce Law, Naomi R. Cahn

GW Law Faculty Publications & Other Works

The article examines the nature of marriage and the expectations of husbands and wives in nineteenth century America by analyzing trial reports of famous nineteenth century divorce cases. The article argues that the textured history of divorce law in the United States shows how the law has affected gendered marital roles through its regulation of divorce. While fault is no longer the focus of divorce, conformity with gendered expectations remains a central aspect of the marital dissolution legal process. In the nineteenth century, conformity benefitted women; if they were the innocent spouse who had taken care of the children, the …

Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg

War Crimes Memoranda

No abstract provided.

Biodiversity In And Around Mcelligot's Pool, Sandra B. Zellmer, Scott A. Johnson

Faculty Law Review Articles

No abstract provided.

Perpetrators Of Genocide: An Explanatory Model Of Extraordinary Human Evil, James Waller

Journal of Hate Studies

According to Jewish-Christian tradition, the first time that death appeared in the world, it was murder. Cain slew Abel. “Two men,” says Elie Wiesel, and “one of them became a killer.” Throughout human history, social conflict is ubiquitous. Wars erupt naturally everywhere humans are present. Since the Napoleonic Wars, we have fought an average of six international wars and six civil wars per decade. The four decades after the end of World War II saw 150 wars and only 26 days of world peace—and that does not even include the innumerable internal wars and police actions. Buried in the midst …

Toward A Bridge: The Role Of Legal Academics In The Culture Of Private Practice, Camille Nelson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

International Labor Standards In The Wto's New World Order: Towards Development-Based Standard Setting, Carlin Meyer

Articles & Chapters

No abstract provided.

The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

The Rhetorics Of Legal Authority Constructing Authoritativeness, The “Ellen Effect,” And The Example Of Sodomy Law., Kris Franklin

Articles & Chapters

No abstract provided.

United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell

Faculty Scholarship

Professor Harold Koh's thoughtful article, A United States Human Rights Policy for the 21st Century, 46 ST. Louis U. L.J. 293 (2002), ends with the observation that "globalization has both sinister and constructive faces."' Indeed, we live in a world that is increasingly interdependent. Even some of those opposed to the project of globalization ironically depend on the tools of globalization to undermine it. Consider the terrorists who hijacked airplanes on September 11, 2001 and flew them into the World Trade Center and the Pentagon, killing thousands of innocent civilians from many different nations. The terrorists used the Internet and …

Law As A Reflection Of Her/His-Story: Current Institutional Perceptions Of, And Possibilities For, Protecting Transsexuals' Interests In Legal Determinations Of Sex, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Introduction To Written Symposium On Public Health And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Bioterrorism, Public Health, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan

Articles by Maurer Faculty

This Article offers a critical reassessment of U.S. approaches to intellectual property protection for plant innovation. Three developments make this reassessment timely. First, the Supreme Court has finally confirmed that utility patent claims to plants and seeds satisfy the 35 U.S.C. Section 101 subject matter eligibility requirement. Plant innovation in the United States is now subject to utility patent protection, as well as concurrent protection under the Plant Variety Protection Act (PVPA). However, little work has been done to explain the role of PVPA protection in a system of concurrent protection, or to develop a coherent policy vision within which …

A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera

Articles by Maurer Faculty

No abstract provided.

Foreword: Phase Ii Of The Genetics Revolution: Sophisticated Issues For Home And Abroad, Frances H. Miller

Faculty Scholarship

The distinguished health law and policy scholars we invite to contribute to the American Journal of Law & Medicine's annual symposium issue are given carte blanche to write about any aspect of the designated topic that appeals to them. The authors in this year's genetics symposium, The Genetic Revolution: Conflicts, Challenges and Conundra, are already well known for their work in the field-in fact three of them have just co-authored the only casebook specifically dedicated to the law, policy and ethics of geneticsl-and we deliberately asked them for relatively short pieces on the theory that taken together their articles would …

News From The International Criminal Tribunals, Cecile E.M. Meijer

Human Rights Brief

No abstract provided.

Private Pathologies And Public Policies: Race, Class, And The Failure Of Child Welfare (Book Review), Charlton C. Copeland

Articles

No abstract provided.

"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones

Articles

No abstract provided.

The Complex Uses Of Sexual Orientation In Criminal Court, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Times may or may not be changing for gay people in the criminal justice system--and for the import of sexual orientation in criminal law. It depends on the nature of the case and, more importantly, exactly whose sexual orientation we are talking about.

Signs of positive change include the recent high profile Matthew Shepard and Diane Whipple cases, in which gay and lesbian homicide victims were mourned not only by the gay community, but also by the entire country. It was no doubt helpful that both Shepard and Whipple presented very appealing images of gay people: each was young, attractive, …

The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman

Georgetown Law Faculty Publications and Other Works

It is so hard to get beyond cynicism these days. Even a symposium devoted to this goal has, as reflected in the articles by Professors Cynthia Farina, Jeffrey Rachlinski, and Mark Seidenfeld, succeeded primarily in suggesting that regulators are not so much selfish as they are obtuse, stubborn, and sometimes downright dumb. Undoubtedly this is true some of the time. But Farina, Rachlinski, and Seidenfeld want to convince us that it is true enough of the time to warrant quite large-scale solutions. In this Comment, we take issue with this pessimistic assessment of regulatory behavior by discrediting the most prominent …

Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein

Faculty Scholarship

This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …

The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali

Fordham International Law Journal

The pharmaceutical industry in Egypt is the largest in the Middle East and North Africa (“MENA”) region, and one that has attracted foreign investment despite the fact that Egyptian law has not always provided pharmaceuticals with patent protection. The situation changed with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS agreement” or “TRIPS”), strengthening the interest of the U.S. and other pharmaceutical companies in increasing their investment in Egypt. The Egyptian pharmaceutical industry is currently undergoing many changes spurred by the implementation of TRIPS and the globalization of trade. Many of these changes can be …

Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

The “liberty” protected by the United States Constitution has been variously interpreted as the “liberty” of thinking persons to speak, worship and associate with others, unimpeded by onerous state law; the liberty of consumers and producers to make individual market choices, including the choice to sell one’s labour at any price one sees fit, free of redistributive or paternalistic legislation that might restrict it; and the liberty of all of us in the domestic sphere to make choices regarding reproductive and family life, free of state law that might restrict it on grounds relating to public morals. Although the United …