Digital Commons Network^™

Terrorism In National And International Law, Caleb M. Pilgrim

Penn State International Law Review (1982 - 2011)

Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …

If I Had A Rocket Launcher: Critical Legal Studies As Moral Terrorism, David Fraser

UC Law Journal

Critical Legal Studies has been described, by friend and foe alike, as a form of guerilla warfare. This Article shows that this characteristic is politically and militarily inaccurate. Rather, it advances the argument that Critical Legal Studies bears a closer resemblance to urban "terrorist" groups such as the Red Army Faction and the Red Brigades. It argues that if proponents of Critical Legal Studies were to draw inspiration from the practices of "terror" and "terrorists," they would be better placed to extract the full political and practical potential from the doctrines they espouse and proclaim. Or, at least, they could …

Defending The Government: Justice And The Civil Division, 23 J. Marshall L. Rev. 181 (1990), Barbara Allen Babcock

UIC Law Review

No abstract provided.

Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt

Penn State International Law Review (1982 - 2011)

This Comment will explore the remedies currently available to foreign countries and to individuals who have discovered that works stolen from them are in the possession of American museums, art dealers, and private individuals. It will also explain why, in light of the recent decision of Autocephalous v. Goldberg, civil sanctions are the best means to effect the return of stolen art as well as to help deter future buyers of stolen art, thus shrinking the stolen art market.

Constitutional Implications Of Changes In Property Rights In The Ussr, Peter B. Maggs

Cornell International Law Journal

No abstract provided.

A Selected Bibliography On International Environmental Law

American University International Law Review

No abstract provided.

M. Malloy, Economic Sanctions And U.S. Trade, James C. Mcmillin

Fordham International Law Journal

This Book Review reviews the book: “Economic Sanctions and U.S. Trade” by M. Malloy. The book deals with economic sanctions and the reviewer is very praiseworthy finding that the book will remain at the forefront of the debate over future uses of economic sanctions.

The United States' 1986 Emergency Economic Sanctions Against Libya - Have They Worked?, John F. Cooke

Maryland Journal of International Law

No abstract provided.

This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson

All Faculty Scholarship

Classified advertisements in newspapers and magazines represent a uniquely democratic access to the media for the individual. Without having to pay the thousands of dollars for full-page advertisements, buyers and sellers can purchase space for their offers for only a few dollars, yet have them seen by city-wide or nation-wide audiences. Democracy, though, breeds its own excesses, and the legal question is always how to control that excess without harming the freedom.

As befits a medium open to all, classified advertisements run the gamut of human activity, from the sale of a used automobile to employment to lonely singles looking …

Confronting Nuclear Terrorism, Louis Rene Beres

UC Law SF International Law Review

During the next several years, terrorist groups may resort to the insurgent use of nuclear explosives or radioactivity. Faced with this fearful prospect, the United States should now plan for optimal risk-reduction within the settled jurisprudential standards of international law. This paper, therefore, advises government leaders to fully understand the difference between lawful and unlawful insurgencies; to "harden the target" of nuclear materials, weapons, and reactors; and to implement an appropriate "behavioral" strategy of counter-nuclear terrorism. As the risk of nuclear terrorism has transnational implications, like-minded governments are also offered particular patterns of cooperation that involve, inter alia, support for …

Intramilitary Tort Immunity: A Comparison Of The United States And Great Britain, Jennifer Beckett

UC Law SF International Law Review

Great Britain recently eliminated the military exception to the Crown Proceedings Act of 1947. The United States, by comparison, adheres to the Feres doctrine, the judicially created exception to the Federal Tort Claims Act. This note examines the rationales for prohibiting service members from suing under a nation's tort claims act, and the reasons why Parliament decided in 1987 to allow British military personnel to sue under the Crown Proceedings Act. The Note concludes with a discussion of why Congress should follow Britain's lead and abolish the Feres doctrine.

Madison's Religion Proposals Judicially Confounded: A Study In The Constitutional Law Of Conscience, Joseph M. Lynch

Seton Hall Law Review

No abstract provided.

The Soviet Union As A State Under The Rule Of Law: An Overview, John Quigley

Cornell International Law Journal

No abstract provided.

The Taif Accord And Lebanon's Struggle To Regain Its Sovereignty, Sandra M. Saseen

American University International Law Review

No abstract provided.

The Triple Crisis Of The Soviet Union Today, Richard N. Gardner

NYLS Journal of International and Comparative Law

No abstract provided.

Creative Writers And Criminal Justice: Confronting The System (1890–1920), Maxwell Bloomfield

Scholarly Articles

By the early twentieth century the modernization of American criminal law had become an issue of widespread public concern, both in professional circles and in the popular press. Bar leaders, such as Roscoe Pound and William Howard Taft, proposed to improve the machinery of criminal justice by tightening procedural rules and enhancing the authority of trial judges. Their efforts at “scientific” law reform led to the creation of the American Institute of Criminal Law and Criminology in 1909.

Creative writers, on the other hand, influenced by the rise of literary realism, tended to produce popular novels and plays that sympathized …

The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky

Articles

Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.

The European Economic Community: Challenge And Opportunity, 24 J. Marshall L. Rev. 145 (1990), Seymour Rothstein, David M. Rosenblatt

UIC Law Review

No abstract provided.

Developing Human Resources: Participative Management And Employee Involvement: Slogans And Reality, Ben Fischer

Canada-United States Law Journal

No abstract provided.

Corporate Law Practice As A Public Calling, Robert W. Gordon

Maryland Law Review

No abstract provided.

Military Necessity And Iraqi Destruction Of Kuwaiti Oil, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Constitutionality Of Oakland's Nuclear Free Zone Ordinance, Christina White Nevins

UC Law Constitutional Quarterly

No abstract provided.

The Deference That Is Due: Rethinking The Jurisprudence Of Judicial Deference To The Military, Stephanie A. Levin

Villanova Law Review (1956 - )

No abstract provided.

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.

A New Remedy For Northern Ireland: The Case For United Nations Peacekeeping Intervention In An Internal Conflict, Roger Myers

NYLS Journal of International and Comparative Law

No abstract provided.

Panel Discussion: Crime And Punishment: Accountability For State-Sponsored Mass Murder

NYLS Journal of International and Comparative Law

No abstract provided.

An Overview Of Environmental Law In The Ussr (Practicing Law And Doing Business In The Soviet Union), Peter M. Langrind

NYLS Journal of International and Comparative Law

No abstract provided.

Employer's Duty To Bargain Over Lay-Offs In The Airline Industry: How The Courts Have Distorted The Railway Labor Act, The, Athanassious Papaioannou

Journal of Air Law and Commerce

No abstract provided.

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi

Michigan Journal of International Law

This Note will provide an introductory analysis of the conventions on belligerent occupation as they apply to the West Bank aquifer. Part I provides a brief analysis of the current situation in the region. Part II provides an overview of the relevant conventions on belligerent occupation and then focuses on how these laws apply to underground water resources in the West Bank. Finally, Part III outlines potential developments for the maintenance of complicity with the developing law of belligerent occupation, taking into account developments in international water law.