Digital Commons Network^™

The United States Of America, Champion Of The Rule Of Law Or The New World Order?, Jeffrey F. Addicott

Faculty Articles

The New World Order was to herald in a new era in international affairs. It was to be an era of collective security sponsored and reinforced by the United Nations. In reality, however, the natural desire to enlarge the New World Order has quickly met with failure.

As the failures of the New World Order mount, the phrase loses its power. No peace movement has ever been premised on maintaining a strong and viable military, and no proponent of the New World Order can ever hope to be immune from the wishful thinking of those who demand the dismantling of …

Developing A Security Strategy For Indochina, Jeffrey F. Addicott

Faculty Articles

Serious thought must be given to the complex problem of U.S. military retrenchments in the Pacific Rim. One of the most troubling issues is the impact of significant military reductions on those developing nations in the Asian Basin that currently have no garrison of U.S. troops, but are nonetheless friendly to and necessary for American interests. Almost all of friendly Indochina is affected, with Thailand, Malaysia, and Indonesia being of particular significance.

Accordingly, the time has come for policymakers to begin to formulate a post-reduction security strategy for Indochina. Without such a strategy, the cumulative effect of an erosion of …

Proceedings Of The First Center For Law And Military Operations Symposium, 18-20 April 1990, Jeffrey F. Addicott

Faculty Articles

The First Center for Law and Military Operations Symposium was held from 18 to 20 April 1990. It was conducted by the Center for Law and Military Operations of The Judge Advocate General’s School of the United States Army. Sixty participants, representing the Army, Navy, Marine Corps, Air Force, Coast Guard, Department of Defense (DOD), and Department of State attended the symposium.

The symposium covered number of topics including operational law (OPLAW), legal considerations regarding psychological operations (PSYOP), Operation Just Cause, military changes taking place in Europe, the DOD Counternarcotics Mission, and the negotiation and conclusion of international agreements. The …

Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas

Michigan Journal of International Law

Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.

Panel Discussion Symposia: 1990: I - Accountability For State-Sponsored Human Rights Violations; Ii - The Circumvention Of Accountability; Iii - Achieving Accountability By Alternative Means, Kenneth Anderson, Ruti Teitel, Roberto Garraton Merino, Felipe Michelini, Alejandro Garro, Jaime Malamud-Goti

Presentations

Dedicated to the Memory of Owen M. Kupferschmid As the program indicates, the next panel addresses the issues of punishment, amnesties and pardons. The last ten years have witnessed in Latin America and other regions of the world, transitions from military regimes to democratically elected regimes. This shift has brought a call for a response by the legal systems to the gross abuses of prior military dictatorships and to the massive violations of basic human rights, including disappearances and torture.' This response took the form of trials of military officers in Argentina and other places.2 Amid this call for trials …

The Impact Of 1992 On United States Export Control Laws, Giovanna M. Cinelli

UC Law SF International Law Review

United States export control laws govern the majority of trade in dual use and defense related items and services between the United States and its major trading partners. The present system requires licenses and reexport authorization for the goods which are traded. For several years, however, United States trading partners have objected to the reach of these laws and United States industry has complained of the competitive disadvantage to which these laws subject many international companies. The onset of the economic integration of Europe, an integration which will result in the world's largest market, has refocused United States congressional and …

Beyond The Waste Land: Law Practice In The 1990s, David Schuman

UC Law Journal

Law practice has begun to resemble the world in T.S. Eliot's enigmatic poem, "The Waste Land." Professor Schuman suggests that the problem is confrontation: our basic misconception is that justice requires victors and vanquished, exclusion of the opponent rather than inclusion. Lawyers increasingly are unable to contain the aggressive and combative nature of the system and too often treat insensitivity, ruthlessness, and paranoia as professional virtues; virtues which then infect their personal lives. In stark contrast, observers throughout history Would have treated this isolation and defensive living as absurd or dangerous.

This essay suggests that rather than fantasize about a …

Critical Legal Studies And The Rule Of Law, Jeffrey M. Blum

Buffalo Law Review

No abstract provided.

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …

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

Washington and Lee Law Review

No abstract provided.

Professionalism: Rekindled, Reconsidered Or Reformulated?, Nancy J. Moore

Faculty Scholarship

It is increasingly commonplace for bar officials and others to decry what they see as a decline in "professionalism" among lawyers in recent years. For example, in 1984, former Chief Justice Warren Burger gave a speech to an ABA meeting in Las Vegas in which he chastised some members of the profession for taking their freedom to advertise as a "release from all professional restraints," as they use the "same modes of advertising as other commodities from mustard, cosmetics and laxatives to used cars.' 1 Catchy phrases, attractive well-dressed lawyers, and special rates on lossleader items are but some of …

The Recovery Of Cultural Artifacts: The Legacy Of Our Archaeological Heritage, Mark F. Lindsay

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-21, Index

Case Western Reserve Journal of International Law

No abstract provided.

Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Chemical warfare has long been considered a particularly loathsome form of combat. The specter of unprotected soldiers and nearby noncombatants incapacitated or killed within moments by invisible, silent, odorless vapors discharged by a far-distant enemy has terrified many, and has also energized repeated international attempts to prohibit, or at least to moderate, these applications of deadly science.

Covert Involvement In Essentially Internal Conflicts: United States Assistance To The Contras Under International Law, Helen Michael

Vanderbilt Journal of Transnational Law

This Article examines whether contemporary international law is equipped to address the recurrent phenomenon of covert involvement by a state in internal conflicts of another state. Ms. Michael analyzes this phenomenon in the context of United States assistance to the Contras in collective self-defense on behalf of El Salvador, and Nicaragua's concomitant support of the Salvadoran Rebels' attempts to overthrow the existing El Salvador Government. Ms. Michael summarizes the extensive history of conflict between the United States and Nicaragua culminating in the contemporary dispute existing between the Reagan Administration and the Sandinista Government. Both the Sandinistas and the Reagan Administration …

Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr.

University of Richmond Law Review

When an employer and a labor union negotiate over an employment contract, their agreements are usually set forth in a collective bargaining agreement. The collective bargaining agreement defines the relationship between the employer and the unionized employees and addresses such matters as wages, hours, and other conditions of employment. Additionally, collective bargaining agreements usually include grievance procedures and arbitration clauses to resolve disputes between the employer and the unionized employees.

Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things Doctrine Of Inalienability, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins

Publications

No abstract provided.

Seven Answers For Professor Anastaplo, Harry V. Jaffa

Seattle University Law Review

Professor Jaffa responds to seven questions from Professor Anastaplo.

The Union At Risk: Jacksonian Democracy, States Rights And The Nullification Crisis, Gerard V. Bradley

Journal Articles

Richard E. Ellis, The Union at Risk. Jacksonian Democracy, States Rights and the Nullification Crisis, Oxford: Oxford University Press, 1987. Pp. xi, 279. $32.50 (ISBN: 0-19-503785-5).

From the Review

In a widely reported address at Tulane University in October 1986, Attorney General Edwin Meese chastised the Supreme Court for its habitual conflation of constitutional law and the Constitution.

Meese is no intellectual, and his remarks were not intended as academic musings; thus, the speech may have been appropriately judged from a political perspective, condemned by liberals and applauded by conservatives for roughly the same reasons. Unfortunately obscured by the …

Scots Law In Post-Revolutionary And Nineteenth-Century America: The Neglected Jurisprudence, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

No abstract provided.

Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Falling Off The Vine: Legal Fictions And The Doctrine Of Substituted Judgment, Louise Harmon

Scholarly Works

No abstract provided.

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

Tibet To Tienanmen: Chinese Human Rights And United States Foreign Policy, W. Gary Vause

Vanderbilt Law Review

The roof of the world, land of the snows, alleged home of the Abominable Snowman, and place for the timeless meeting of mountain and sky--these are the Western visions of Tibet.' Most Americans know little else about this strange and exotic land shrouded in historical obscurity. Modern Tibet is a curious stockpot of native Tibetans and immigrant Chinese, which until recently was seasoned with increasing numbers of Western tourists, backpackers of all ages, vagabonds,and visitors from neighboring Nepal.'On June 4, 1989, China's 27th Army brutally crushed democracy demonstrations that had extended for seven weeks in Beijing and other Chinese cities. …

Book Review: The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, L. S. Zacharias

Minnesota Journal of Law & Inequality

No abstract provided.

Merging The Rla And The Nlra For Eastern Air Lines: Can It Fly?, Elizabeth L. Cocanougher

University of Miami Law Review

No abstract provided.

Vol. 38, No. 7, October 25, 1989, University Of Michigan Law School

Res Gestae

•Special Collections Department Exhibits University Books •Chief Justice Lectures on Judiciary •Positive Verdict on Visit •Post-Modern Racial Ruminations •Whither the Democrats on Capital Gains? •Debate Will Keep Eyes on the Prize •Chief Justice Rehnquist Discusses Samuel Chase Trial •Amnesty International Forms Chapter •LSSS Announces Party for Friday •Classifieds •Cowboys Should Finally Win a Game •Notre Dame Is Acting Like Miami •Spirits of Halloween Visit Superclerk •A Halloween Tale •Halloween Videos: Available at the Store Near You •Vikings, Giants Clash on Monday Night •Deplorable Developments in Sports •Nightmares on Tappan Street •Law in the Raw

The Opinion Volume 30 Number 6 – October 25, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 25, 1989

Israel And The Palestinians, Gidon A. G. Gottlieb

Articles

No abstract provided.