Digital Commons Network^™

Declaring War On The Environment: The Failure Of International Environmental Treaties During The Persian Gulf War, Katherine M. Kelly

American University International Law Review

No abstract provided.

Beyond The Persian Gulf Crisis: Expanding The Role Of Servicewomen In The United States Military, James D. Milko

American University Law Review

No abstract provided.

The Lsat: Narratives And Bias, Leslie G. Espinoza

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The United States And The United Nations In The Persian Gulf War: New Order Or Disorder, John Quigley

Cornell International Law Journal

No abstract provided.

Unilateral Humanitarian Intervention: Legalizing The Use Of Force To Prevent Human Rights Atrocities, Barry M. Benjamin

Fordham International Law Journal

This Note argues that the international community should relax prohibitions against unilateral humanitarian action until the international collective security measures of the U.N. Charter designed to prevent egregious human rights abuses are effective. Because modern technology has significantly increased the ability to discern pretextual actions from altruistic actions, the potential abuse of unilateral humanitarian intervention is minimized. While the meaning of the word “intervention” in itself is subject to debate, this Note will consider only military intervention. Part I of this Note discusses the historical background of humanitarian intervention. Part II first analyzes the arguments against legalization of humanitarian intervention, …

Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey

Maryland Journal of International Law

No abstract provided.

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres

UC Law SF International Law Review

Numerous acts committed by Iraq during the Gulf War constitute crimes under international law. This essay explores the foundation and development of international law. The essay concludes that, given the scope and severity of the acts committed, both the United States and Israel would be justified in trying Saddam Hussein and others for war crimes under international law.

Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green

Reviews

Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …

Toward An International Standard Of Scientific Inquiry, George P. Smith Ii

Scholarly Articles

The late Professor Thomas Emerson, a great civil libertarian, cautioned in 1976 that one of the hard problems of the First Amendment would soon be acknowledged as the extent to which the state could recognize scientific research. As he observed sagely, "It is hard to predict where these issues will lead." This essay will explore the pathway where these issues are leading in contemporary society.

Character, Competency, And Constitutionalism: Did The Bork Nomination Represent A Fundamental Shift In Confirmation Criteria?, Frank Guliuzza Iii, Daniel J. Reagan, David M. Barrett

Marquette Law Review

No abstract provided.

Criminal Justice In Revolutionary Nicaragua: Intimations Of The Adversarial In Socialist And Civil Law Traditions, Richard J. Wilson

University of Miami Inter-American Law Review

No abstract provided.

Address: The 1991 Otto L. Walter Distinguished International Fellow Program, Thomas R. Pickering

NYLS Journal of International and Comparative Law

No abstract provided.

Chemical Weapons Proliferation: Extraterritorial Jurisdiction And United States Export Controls; When Too Much Is Not Enough, Linda Andros

NYLS Journal of International and Comparative Law

No abstract provided.

Conscientious Objection: Will The United States Accommodate Those Who Reject Violence As A Means Of Dispute Resolution?, 23 Seton Hall L. Rev. 121 (1992), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Law As A Social Thought, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.

'Peace: A Gift Of God, A Human Task': Toward A Liberation Theology For Northern Ireland, David Miles Moore

Honors Theses

PREFACE: I would have to cite the five months I spent in Cork, Ireland as the biggest motivating factor behind this paper. I knew next to nothing about Northern Ireland before this period. Soon after my arrival in Cork, however, I became fascinated with the socio-religious anomaly to the north of me. Since I became a religion major at Colby, I have always been interested in liberation theology. As I read about the poverty, injustice and violence that pervades Northern Ireland, I was reminded of the context in which Gustavo Gutierrez, Tissa Balasuriya, and Elsa Tamez write and live. The …

What Is Behind The "Property Rights" Debate?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …

State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff

Michigan Journal of International Law

This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …

Book Review Of Protectors Of Privilege: Red Squads And Police Repression In Urban America, Michal R. Belknap

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Protectors of Privilege: Red Squads and Police Repression in Urban America. By Frank Donner. Berkeley, Los Angeles, and Oxford: University of California Press. 1990. Pp. xiv, 503. Reviewed by: Michal R. Belknap.

The Combat Exclusion Rule And Equal Protection, Christopher Horrigan

Santa Clara Law Review

No abstract provided.

Competition Law And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw

Indiana Law Journal

No abstract provided.

The Bendectin Litigation: A Case Study In The Life Cycle Of Mass Torts, Joseph Sanders

UC Law Journal

Mass torts are more than simple groupings of similar, but independent products liability suits; rather, they involve "congregations" of cases that may be profitably analyzed as units. In this Article, Professor Sanders examines the Bendectin litigation from the case congregation perspective. The key question in the Bendectin Cases has been the causation issue--does Bendectin actually cause birth defects? Consequently, Professor Sanders looks at more than just law; he also examines the scientific studies of Bendectin. The examination reveals that, like the cases, these studies have evolved over time. And from an even broader perspective, he illustrates how the law and …

Balancing Ethical Imperatives And Political Constraints: The Dilemma Of New Democracies Confronting Past Human Rights Violations, Jose Zalaquett

UC Law Journal

Since the early 1980s, newly emerging democracies have been confronting the ethical and political dilemma of how to address a legacy of human rights violations committed by former governments. Unlike the circumstances surrounding the war crimes trials in the wake of World War II, when recently deposed rulers were powerless, in many contemporary political transitions the perpetrators of past abuses continue to wield considerable power. As new governments attempt to repair the damage caused by their predecessors and to prevent the recurrence of human rights violations, they must avoid provoking a backlash.

In his Lecture, Sefior Zalaquett argues that these …

The Censor's Red Flair, The Bombs Bursting In Air: The Constitutionality Of The Desert Storm Media Restrictions, Michael W. Klein

UC Law Constitutional Quarterly

No abstract provided.

Alternatives To Entanglement, David E. Steinberg

Kentucky Law Journal

No abstract provided.

Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey

Faculty Articles

When Warren Burger was appointed Chief Justice in 1969, he was expected to lead the Supreme Court away from its liberal, value-laden approach to constitutional adjudication. Indeed, a retrospective of the court’s work during the seventeen years Warren Burger served as Chief Justice reveals the expected conservative trend of the Chief Justice himself, as well as the Supreme Court generally. It does not, however, reflect wholesale rejection of the most controversial civil liberties decisions rendered by the Warren Court. It is also unclear that Chief Justice Burger was responsible for the Court’s retrenchment on civil liberties where it did occur. …

Schools As Good Parent: Symbolims Versus Substance In Drug And Alcohol Testing Of School Children, Chris Hutton

The Journal of Law and Education

No abstract provided.