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Responding To Attacks On Critical Computer Infrastructure: What Targets? What Rules Of Engagement?, James P. Terry Jun 2002

Responding To Attacks On Critical Computer Infrastructure: What Targets? What Rules Of Engagement?, James P. Terry

International Law Studies

No abstract provided.


Human Rights And Foreign Policy, Phillip R. Trimble Apr 2002

Human Rights And Foreign Policy, Phillip R. Trimble

Saint Louis University Law Journal

No abstract provided.


Hijacking Civil Liberties: The Usa Patriot Act Of 2001, Jennifer C. Evans Jan 2002

Hijacking Civil Liberties: The Usa Patriot Act Of 2001, Jennifer C. Evans

Loyola University Chicago Law Journal

No abstract provided.


Terrorism Insurance Market After September 11: The Case For Limited Federal Intervention, The, Lucien J. Dhooge Jan 2002

Terrorism Insurance Market After September 11: The Case For Limited Federal Intervention, The, Lucien J. Dhooge

McGeorge Law Review

No abstract provided.


The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer Jan 2002

The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer

UC Law SF Communications and Entertainment Journal

Professor Fischer takes a comparative look at children's access to information and communications technologies (ICT) in six countries across five continents- the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania. Children's levels of access to ICT is strongly linked to the "global development divide." The article explores the difference between access in highly developed countries and lesser developed countries. The article further explores the extent of the global developmental divide, including the potentially bleak future facing children born in less developed countries. Next the article explores both sides of the debate that simply increasing ICT access can eliminate …


Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott Jan 2002

Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott

ILSA Journal of International & Comparative Law

In recent years, there has been a steady stream of growing concern in nations throughout the world about police officers' use of excessive, brutal, and sometimes deadly force where circumstances do not warrant such actions.


Erie Railroad V. Tompkins, Wendy Collins Perdue Jan 2002

Erie Railroad V. Tompkins, Wendy Collins Perdue

Law Faculty Publications

Erie Railroad v. Tompkins 304 U.S. 64 (1938), limited the power of federal courts to create judge-made law that would displace state law. Jurists view the Supreme Court's decision both a modern cornerstone of American judicial federalism and an example of legal realism's influence.


Developments In Land-Based Pollution: The International Response, Abraham J. Laydon Jan 2002

Developments In Land-Based Pollution: The International Response, Abraham J. Laydon

Colorado Environmental Law Journal

No abstract provided.


9/11: Usa And Uk, Philip A. Thomas Jan 2002

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?


Due Process, Judicial Review, The First Amendment, And The Anti-Terrorism And Effective Death Penalty Act Of 1996, Roberto Iraola Jan 2002

Due Process, Judicial Review, The First Amendment, And The Anti-Terrorism And Effective Death Penalty Act Of 1996, Roberto Iraola

North Dakota Law Review

No abstract provided.


Neutralizing The Threat: Reconsidering Existing Doctrines In The Emerging War On Terrorism, Frank A. Biggio Jan 2002

Neutralizing The Threat: Reconsidering Existing Doctrines In The Emerging War On Terrorism, Frank A. Biggio

Case Western Reserve Journal of International Law

No abstract provided.


State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter Jan 2002

State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

Terrorism is an evil that the United States and other civilized countries should combat aggressively. Fortunately, these countries have many tools they can use in their fight against terrorism, among them military force (as we have just demonstrated in Afghanistan), covert actions, and a variety of economic sanctions against a country or group that supports terrorists. These sanctions - which would preferably be applied in union with other countries, though unilaterally if necessary - can include freezing assets, as well as ending or limiting U.S. government programs (ranging from landing rights to foreign aid), cutting off exports to or imports …


The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer Jan 2002

The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer

Scholarly Articles

This article addresses the global aspect of the digital divide in two ways. First, I will focus primarily on the issue of school-aged children's access to information and communications technologies (ICT) globally. My focus is on children for the simple reason that children embody the future. Second, I will limit my assessment of this issue to a comparison of children's access to ICT in six countries around the world. Located on five continents, these six countries range from highly developed OECD countries to lesser developed countries. They are the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania.


Evidence Of Terror, Mary Ellen O'Connell Jan 2002

Evidence Of Terror, Mary Ellen O'Connell

Journal Articles

In the hours after the 11 September attacks on the United States, some called for counterattacks on America's enemies, regardless of any evidence of wrong-doing. Those calls were rejected and some evidence was produced linking Osama bin Laden, his organization, al-Qaeda, and the Taliban regime of Afghanistan to the attacks. The United States and United Kingdom began a bombing campaign of Afghanistan on the strength of that evidence on 7 October 2001. This article explores the law of evidence in international law. It seeks to identify what evidence is sufficient for supporting a case of self-defence to clandestine terror attacks.


Development And Implementation Of Uniform Safety Standards For Inland Waterways Vessels And Non-Convention Craft In Africa : The Case Of The Southern African Development Community (Sadc), Tasiyana Wisdom Tengananwo Kamanga Dec 2001

Development And Implementation Of Uniform Safety Standards For Inland Waterways Vessels And Non-Convention Craft In Africa : The Case Of The Southern African Development Community (Sadc), Tasiyana Wisdom Tengananwo Kamanga

World Maritime University Dissertations

This dissertation focuses on the enhancement of maritime safety and environmental protection in the Southern African Development Community (SADC) through the development and implementation of uniform regional safety standards. The study looks at a multiplicity of issues to be considered to achieve the desired goal. A brief look is taken of the existing legislative framework and institutional arrangements in the region both in the dissertation and annexes. Initiatives being taken both at national level and regional level to address the problems will be analysed with emphasis on those taken at regional level. The study also looks at diverse issues of …


Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr Oct 2001

Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr

Law and Contemporary Problems

The logic of some other systems of thought, explanation, and prediction are discussed, in order to find what can be learned about the sociocultural contexts and their functions in other cultures. The truths they may represent are about the human quest to understand causes and effects.


Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School Sep 2001

Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School

Res Gestae

•'Til Tuesday •Human Spirit •In the Wake of the News •Apocalypse When •Never the Same Again •The Case for Rage and Retribution •Video Crop Anemic •The Insider •Crossword


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir Jan 2001

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory By William Twining), Doron M. Kalir

Law Faculty Articles and Essays

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part, I juxtapose Twining's record of this …


Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe Jan 2001

Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe

LLM Theses and Essays

This thesis examines the factors that have prevented the development of an environmental protection legal and institutional regime in Tanzania. It argues that the central focus of economic reforms has been to kick-start the economy by increasing growth through the maximization of resource exploitation. As a result, concerns for environmental sustainability have been relegated to the periphery of the development agenda. Secondly, as a result of domestic resource scarcity brought on by the economic crisis, environmental policymaking has been held hostage to the influence of foreign donors whose agendas have often been at cross-purpose to environmental protection. Thirdly, the nature …


Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Wa Mutua Jan 2001

Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Wa Mutua

Journal Articles

This article critically looks at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors (SVS) construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project. It calls for the construction of a truly universal human rights corpus, one …


Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua Jan 2001

Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua

Journal Articles

The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.


In Pursuit Of International Justice: The First Four-Year Term Of The International Criminal Tribunal For Rwanda, Stuart Beresford Sep 2000

In Pursuit Of International Justice: The First Four-Year Term Of The International Criminal Tribunal For Rwanda, Stuart Beresford

Tulsa Journal of Comparative and International Law

No abstract provided.


Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua Jan 2000

Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua

Villanova Law Review (1956 - )

No abstract provided.


The African Human Rights System: A Critical Evaluation, Makau Wa Mutua Jan 2000

The African Human Rights System: A Critical Evaluation, Makau Wa Mutua

Other Scholarship

No abstract provided.


Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua Jan 2000

Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua

Journal Articles

This article contends that international law, like national law, is captive to the racial biases and hierarchies that hide injustice under the pretext of legal neutrality and universality. It argues that international law is tormented by racist and hegemonic asymmetries that govern the international order. The piece posits that international law could benefit greatly from the method of critical race theory in unpacking the pathologies of power and race that define it. It focuses on the use of international law to conceive and buttress the exploitation and marginalization of the North by the South. It calls for a reconstruction of …


Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky Sep 1999

Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky

Buffalo Human Rights Law Review

No abstract provided.


Avoiding Anarchy: Bin Laden Terrorism, The U.S. Response, And The Role Of Customary International Law, Maureen F. Brennan Aug 1999

Avoiding Anarchy: Bin Laden Terrorism, The U.S. Response, And The Role Of Customary International Law, Maureen F. Brennan

Louisiana Law Review

No abstract provided.


Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer Jan 1999

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Ezra And Dorothy Pound: Letters In Captivity, 1945-1946, Robert Spoo, Omar Pound Jan 1999

Ezra And Dorothy Pound: Letters In Captivity, 1945-1946, Robert Spoo, Omar Pound

Books

These fascinating letters capture the most traumatic experience of Ezra Pound's life, when he was incarcerated at the end of World War II and indicted for treason. Omar Pound and Robert Spoo have collected and edited the unpublished correspondence between the poet and his wife, combining it with restricted military orders and extensive references to FBI documents, previously unknown photographs, and an insightful introduction, to create the definitive work on this period of Pound's life.


International Terrorism Under The Law, Yassin El-Ayouty Jan 1999

International Terrorism Under The Law, Yassin El-Ayouty

ILSA Journal of International & Comparative Law

Terror has been generally defined as "the threat or use of violence in order to create extreme fear and anxiety in a target group so as to coerce them to meet political (or quasi-political) objectives of the perpetrators