Digital Commons Network^™

Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus

Fordham International Law Journal

Expanding Bulgaria’s political, economic, and cultural cooperation with the countries of Asia is a major priority of the Bulgarian government policy. Transport plays a key role in the implementation of this priority both by providing the necessary conditions for international transit traffic and by meeting the needs of the Bulgarian economy and population. Structural reform in transport to a great extent depends on a sustainable investment policy. At present, prevailing conditions are likely to attract investments, especially to the airports of Sofia and Bourgas. In recent years, the Bulgarian State Railways (“BDZh”) has lagged behind in its development in comparison …

The Indian Child Welfare Act: A Study In The Codification Of The Ethnic Best Interests Of The Child, Jennifer Nutt Carleton

Marquette Law Review

No abstract provided.

Global Overfishing And The Spanish-Canadian Turbot War: Can International Law Protect The High-Seas Environment?, David R. Teece

Colorado Environmental Law Journal

No abstract provided.

Whaling In Sand County: A Dialectical Hunt For Land Ethical Answers To Questions About The Morality Of Norwegian Minke Whale Catching, J. Baird Callicott

Colorado Environmental Law Journal

No abstract provided.

The International Whaling Commission And The Future Of Cetaceans: Problems And Prospects, William C. Burns

Colorado Environmental Law Journal

No abstract provided.

Remembering Water: Overcoming Historical Amnesia In South Africa, Gabriel Carter

Colorado Environmental Law Journal

No abstract provided.

Testing Times For The World Court: Judicial Process And The 1995 French Nuclear Tests Case, Prudence Taylor

Colorado Environmental Law Journal

No abstract provided.

Implementing Global Environmental Agreements In The Developing World, Gary C. Bryner

Colorado Environmental Law Journal

No abstract provided.

The Forty-Ninth Meeting Of The International Whaling Commission: Charting The Future Of Cetaceans In The Twenty-First Century, William C.G. Burns

Colorado Environmental Law Journal

No abstract provided.

Reinventing And Reinvigorating The Earth Charter: A Civil Society Movement, Krista Singleton-Cambage

Colorado Environmental Law Journal

No abstract provided.

Joint Declaration At Rio+5 Calls For Sustainable Development, Chad Wallace

Colorado Environmental Law Journal

No abstract provided.

Desertification, Liz Turner

Colorado Environmental Law Journal

No abstract provided.

The Ecological Decline Of The Black Sea, Rebecca Adams

Colorado Environmental Law Journal

No abstract provided.

A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard

Theses : Honours

The General Assembly of the United Nations, by Resolution, requested the International Court of Justice to give its Advisory Opinion on the following legal question: Is the threat or use of nuclear weapons in any circumstance permitted under Intemational law? The question raises a number of legal, political and moral issues which go to the heart of the development of public international law, and of relations between States in the United Nations era. Central to all such issues is the tension, both legal and political, which exists between the five declared nuclear weapon States (the Permanent Members of the United …

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]

Queer Margins, Queer Ethics: A Call To Account For Race And Ethnicity In The Law, Theory, And Politics Of "Sexual Orientation", Francisco Valdes

Articles

No abstract provided.

Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger

Journal Articles

No abstract provided.

Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson

Faculty Scholarship

In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …

Construction Of Race And Class Buffers In The Structure Of Immigration Controls And Laws, The Symposium: Citizenship And Its Discontents: Centering The Immigrant In The Inter/National Imigination: Part Ii: Section Three: Rethinking Agency: Global Economic Restructuring And The Immigrant, Tanya K. Hernandez

Faculty Scholarship

In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a "White country" is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to …

Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden

Seattle University Law Review

This Article will analyze the Equal Protection Clause in relation to the government's ability to classify and will discuss whether race is a prohibited classification. The author will closely critique the case of Coalition For Economic Equity v. Wilson, which challenges the constitutionality of Proposition 209 because of its political burdens on interests important to racial minorities and women. The author will argue that Proposition 209's Equal Protection standard should be illicit state action rather than political burdens. Finally, the author will critique the Wilson court's understanding of violations of the Equal Protection Clause. This understanding is rejected here …

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

Articles

No abstract provided.

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.

Why Chinese Wildlife Disappears As Cites Spreads, John Copeland Nagle

Journal Articles

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?

The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …

Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle

Faculty Scholarship

This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …

Environmental Justice: A Survey Of Federal And State Responses, Carolyn Graham, Jennifer B. Grills

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Comparison Of The Helsinki Rules To The 1994 U.N. Draft Articles: Will The Progression Of International Watercourse Law Be Dammed, Michelle R. Sergent

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Cultural Identity And Behavioral Change, Edmund W. Gordon

Case Western Reserve Law Review

No abstract provided.

The Spontaneous Order Of War Powers, John O. Mcginnis

Case Western Reserve Law Review

No abstract provided.

Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo

Vanderbilt Journal of Transnational Law

Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …

Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes

Michigan Journal of Race and Law

This Article considers the factors that should be used in hiring a person of color to a faculty position and raises the following questions: Apart from potential teaching ability and scholarly productivity, should faculty appointments committees look to other criteria for candidates of color? Provided that we can still consider the race and ethnicity of prospective candidates of color at private institutions, should faculty appointments committees be concerned about how closely identified a candidate is to an essentialized conception, for instance, of Black persons? Should a faculty hiring committee focus its efforts to hire African Americans on a Black person …