Digital Commons Network^™

Gender And Justice, Mary I. Coombs

University of Miami Law Review

No abstract provided.

Managing The Military's Homosexual Exclusion Policy: Text And Subtext, Judith Hicks Stiehm

University of Miami Law Review

No abstract provided.

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The tempest over the proposed "reinterpretation" of the Anti- Ballistic Missile Treaty has only barely been stilled, and the full impact of the dissolution and reorganization of the Soviet Union is far from clear. But already we can detect early warnings about the next probable source of intense constitutional conflict between the American executive branch and the Congress in their ongoing struggle for primacy in the conduct of United States foreign relations. This imminent battle-again arising in the context of disarmament treaties, perhaps the most controversial and crucial aspect of America's international public policy-has not yet been fully joined. But …

Child Custody Disputes And The Beyond The Bes Interests Paradigm: A Contemporary Assessment Of The Goldstein/Freud/Solnit Position And The Group's Painter V. Bannister Jurisprudence, John Batt

Nova Law Review

No abstract provided.

Nova Law Review 16, 2

Nova Law Review

No abstract provided.

Environment And Trade As Partners In Sustainable Development: A Commentary, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the "instrument of trade" leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.

The Persian Gulf War Oil Spill: Reassessing The Law Of Environmental Protection And The Law Of Armed Conflict, Christopher C. Joyner, James T. Kirkhope

Case Western Reserve Journal of International Law

No abstract provided.

Conscientious Objection And International Law: A Human Right, Marie-France Major

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-23, Index

Case Western Reserve Journal of International Law

cumulative subject index

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

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Operation Desert Storm, R. E. Lee Or W. T. Sherman?, Jeffrey F. Addicott

Faculty Articles

History has shown that one of the most important elements in a successful combat operation is the quality of the commander. The success of Operation Desert Storm confirmed that American commander, General Norman Schwarzkopf, was no mediocre leader. By extension, the war also paid tribute, albeit a silent one, to a man who is arguably the greatest military leader the United States has ever produced—Robert E. Lee. Not only in the sphere of battlefield tactics, but also in ensuring strict adherence to the laws regulating warfare, Generals Lee and Schwarzkopf had much in common.

Unfortunately, however, many are unaware of …

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.

Protecting Workers From Unlawful Interference With Their Jobs, Allan Kanner

Hofstra Labor & Employment Law Journal

Varieties of aggressive and improper forms of economic activity have existed as threats to civil order since at least biblical times. From this historical perspective, the capacity of some individuals to generate the destructive impact of "merger mania" run amok hardly seems shocking. Yet there is something profoundly threatening to civil order whenever a cabal of conspirators can, in the name of greed or avarice alone, destroy the lives and jobs of tens of thousands of individuals. However, civil society rarely allows itself to fall prey to such misconduct for long. A fundamental tenet of social life is that one …

The Practical Failure Of German Export Control Law: A Lesson In Modern Trade, Daniel D. Corcoran

Fordham International Law Journal

This Comment will argue that the process of controlling exports must change fundamentally if the foreign policy and security objectives of export controls are to be met. Part I will examine the existing international obligations of exporting nations, such as the FRG, highlighting current public international law. Part I will also analyze the structure of the relevant German legislation. Part II will discuss the practical failure of German export controls. Additionally, Part II will review the subsequent reform legislation. Part III will argue that restructuring of the current national controls is necessary. The national measures should control either categorically or …

The Gitksan-Wet' Suwet'en As 'Primitive' Peoples Incapable Of Holding Proprietary Interests: Chief Justice Mceachern's Underlying Premise In Delgamuukw, B. Douglas Cox

Dalhousie Journal of Legal Studies

In May of 1987, the Gitksan aboriginal people entered the Canadian legal system to seek justice. It was an unprecedented opportunity for Chief Justice McEachern of the British Columbia Supreme Court to find a just and lawful process to place the Gitksan within the context of Canada. Almost four years later, the Chief Justice handed down his "Reasons for Judgement" in Delgamuukw et al. v. The Queen (8 March 1991). The decision in Delgamuukw was a stunning disappointment. The Chief Justice concluded that according to Anglo-European law the Royal Proclamation of 1763 does not apply in British Columbia and that …

You Had To Have Been There - A Survey Of The California Courts' Treatment Of The Tort Of Negligent Infliction Of Emotional Distress In The Medical Malpractice Area, Aideen M. Fitzgerald

Santa Clara Law Review

No abstract provided.

The Admissibility Of Expert Testimony In Brainwashing-Related Cases - Should Witnesses Be Fryed?, Virginia M. Fournier

Santa Clara Law Review

No abstract provided.

The Twenty-Fifth Anniversary Of My Lai: A Time To Inculcate The Lessons, Jeffrey F. Addicott, William A. Hudson Jr

Faculty Articles

The spring of 1993 marks the twenty-fifth anniversary of the My Lai massacre and is an appropriate time to reinforce the lessons learned from the event. Each and every grave breach of the law of war represents a horrible scar on the credibility of the American military, as well as the civilized democracy it protects. In this context, My Lai stands as the greatest emblem of American military shame in the twentieth century. Nothing provides a greater vehicle for inculcating the necessity for strict adherence to the law of war than the lessons from the massacre at My Lai.

While …

Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell

Journal Articles

Can the United Nations (UN or Organization) send military forces into civil war without the consent of the parties to the conflict? To date, it never has, but with the end of the Cold War, the Organization is in a position to think again about its proper role in civil war. During the past year, the Security Council has had requests to intervene in the civil wars in Iraq, Yugoslavia, and Somalia. So far, the UN has sent troops to Iraq and Yugoslavia but only after getting the consent of all parties.

The Security Council's recent decisions conform with the …

Beyond Murray's Articles Of Peace And Faith, Gerry V. Bradley

Book Chapters

From the Introduction

I propose to examine our constitutional law of church and state in light of Murray's compact typology. Two preliminary expositions are demanded by the task: What is the law? and What is Murray's typology? The provisional conclusion: the law of the clauses constitutes an Article of Faith.

International Dimensions, Teresa Mcguire

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly

Fordham Law Review

In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Faculty Publications

No abstract provided.

Canada's New Gun Control Legislation: Stiffer Penalties And Controlled Access, Peter M. Neumann

Dalhousie Journal of Legal Studies

On December 6, 1989, fourteen women were murdered at the École Polytechnique in Montreal by a gunman equipped with a legally acquired semi-automatic paramilitary rifle and a large capacity clip magazine. Although the weapon was advertised by its manufacturers, Sturm, Ruger and Co. of Connecticut, as "ideal for law enforcement", it was popular with hunters and was readily available at stores. The gunman's rampage provoked an unprecedented outcry for stricter gun control laws in Canada. While revisions to the firearms provisions of the Criminal Code were already being considered, the tragedy reopened gun control debate and committed federal legislators to …

Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon

Faculty Articles

Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.

How To Advance Human-Rights Without Really Trying - An Analysis Of Nongovernmental Tribunals, Arthur Blaser

Political Science Faculty Articles and Research

The purpose of this analysis is fourfold: first, to trace the development of nongovernmental tribunal activity; second, to identify and describe organizations and individuals who exemplify the visionary spirit of the tribunals; third, to analyze the tribunals as quasi-legal proceedings; and fourth, to assess the tribunals' present and potential impact.

Shaping World Aviation: Anglo-American Civil Aviation Relations, 1944-1946, Marc L. Dierikx J.

Journal of Air Law and Commerce

No abstract provided.