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Articles 3631 - 3660 of 13079
Full-Text Articles in Entire DC Network
Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg
Editorial, Judith Rowbotham, Kim Stevenson, Samantha Pegg
SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)
No abstract provided.
Understanding The Global In Global Finance And Regulation, Lawrence G. Baxter
Understanding The Global In Global Finance And Regulation, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Faculty Scholarship
This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …
Can Thomas Kwoyelo Negate The Requisite Mens Rea By Qualifying For Any Psychological Defenses Resulting From His Adbuction During His Childhood By A Militant Organization?, Scott Bobbitt
War Crimes Memoranda
No abstract provided.
Trump's Foreign Policy: Realist Economic Nationalism, Eric Engle
Trump's Foreign Policy: Realist Economic Nationalism, Eric Engle
Loyola University Chicago International Law Review
This article presents newly-elected President Trump's proposed foreign policies, contextualizing them in the greater picture of U.S. global strategy. It argues that Trump's proposed foreign policies are largely a salutary reaction against repeated neoconservative errors, perpetrated by both Republicans and Democrats. However, like the younger President Bush, Trump pursues a unilateral approach to international relations. Trump's unilateralism risks repeating some of the unilateralist errors of the younger Bush. Moreover, Trump's policies to restrict immigration, raise wages, introduce tariffs, and pursue protectionist policies, if in fact implemented, will prove economically disastrous and will fail to deliver the promised prosperity for ordinary …
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn
Journal Articles
No abstract provided.
International Intellectual Property Shelters, Sam Halabi
International Intellectual Property Shelters, Sam Halabi
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Feminism On The Front Lines, With Updated Foreword, Blythe Leszkay
Feminism On The Front Lines, With Updated Foreword, Blythe Leszkay
UC Law SF Journal on Gender and Justice
This article details the history of women in the military and the policies that have kept women out of combat positions, as well as the effect that the ban has had on servicewomen and women in general. It concludes that women should be allowed into combat positions and specifically responds to various arguments of those opposed to women's inclusion in combat roles.
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
Faculty Scholarship
No abstract provided.
Will Lgbt Antidiscrimination Law Follow The Course Of Race Antidiscrimination Law?, Robert S. Chang
Will Lgbt Antidiscrimination Law Follow The Course Of Race Antidiscrimination Law?, Robert S. Chang
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Drawing Lines Among The Persecuted, Kate Evans
Drawing Lines Among The Persecuted, Kate Evans
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Regulating Employment-Based Anything, Brendan S. Maher
Regulating Employment-Based Anything, Brendan S. Maher
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Financial Weapons Of War, Tom C.W. Lin
Financial Weapons Of War, Tom C.W. Lin
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Criminal Law Practitioner
No abstract provided.
Permanent States Of Exception: A Two-Tiered System Of Criminal Justice Courtesy Of The Double Government Wars On Crime, Drugs & Terror, Thomas Anthony Durkin
Permanent States Of Exception: A Two-Tiered System Of Criminal Justice Courtesy Of The Double Government Wars On Crime, Drugs & Terror, Thomas Anthony Durkin
Valparaiso University Law Review
No abstract provided.
Constitutional Rhetoric, Jamal Greene
Constitutional Rhetoric, Jamal Greene
Valparaiso University Law Review
No abstract provided.
Is Textualism Required By Constitutional Separation Of Powers?, Ofer Raban
Is Textualism Required By Constitutional Separation Of Powers?, Ofer Raban
Loyola of Los Angeles Law Review
This article examines the often-heard claim that textualism in statutory interpretation is mandated by constitutional separation of powers. The claim is examined using both the formalist and the functionalist approaches to separation of powers doctrine under the Federal Constitution. As we shall see, these doctrinal inquiries quickly devolve into examinations of the purposes and justification of textualism, and of separating the three branches of government. The article concludes not only that standing constitutional doctrine fails to support the textualist claim, but also that, as a matter of fact, textualism is a judicial philosophy that runs counter to the most basic …
Delegating Peace Enforcement Missions- But To Whom? What The U.N.'S Recent Recommendation Reveals About Today's Crisis In Legitimate Actors For Robust Peace Operations, Karima Tawfik
Michigan Law Review Online
This Essay argues that in assessing whether or not to move towards the U.N. panel’s proposed model that champions regional actors and ad hoc coalitions over the U.N. itself, the international community must weigh the marginal costs and benefits of this plan. This essay follows the U.N. panel’s call for the international community to derive lessons from the past by examining three case studies where regional actors and ad hoc coalitions, rather than the U.N., have embarked on peace enforcement missions. It argues that if the international community chooses to follow the U.N. panel’s recommendation on deferring to regional actors …
International Intellectual Property Shelters, Sam F. Halabi
International Intellectual Property Shelters, Sam F. Halabi
Faculty Publications
The battle over the reach and strength of international protections for intellectual property rights is one of the critical flashpoints between wealthy and low-income countries: those protections are perceived to obstruct access to essential medicines, thwart regulatory efforts to promote individual and population health, and undermine traditional forms of agriculture and food production. While scholars have thoroughly tracked the bilateral and multilateral trade and investment treaties responsible for the expansion of international intellectual property rights worldwide, they have paid significantly less attention to the strength and form that opposition to international intellectual property expansion has taken. This Article examines the …
Ambivalent Enforcement: International Humanitarian Law At Human Rights Tribunals, Shana Tabak
Ambivalent Enforcement: International Humanitarian Law At Human Rights Tribunals, Shana Tabak
Michigan Journal of International Law
In addition to exploring the limitations of the Inter-American System’s jurisdictional capacity to adjudicate issues of IHL, this Article examines Inter-American jurisprudence in light of recent scholarly conversations regarding the relevance of the principle of lex specialis, which seeks to guide tribunals when two bodies of law may apply simultaneously, by providing for the prioritization of a specialized body of law over a general one. This concept, first articulated by the International Court of Justice (ICJ) in the Nuclear Weapons case, has proven to be the source of much scholarly consternation. As a means of addressing problems arising from …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak
Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak
UIC Review of Intellectual Property Law
Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …
Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott
Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott
Animal Law Review
Agroterrorism poses a significant threat to food supplies and the stability of agricultural markets. The industrialization of agricultural has substantially improved productivity and efficiency, but has also contributed to the sector’s declining resilience— the ability to withstand and adapt to stress and change. Consequently, agriculture has become increasingly vulnerable to possible agroterrorist attacks. However, by working to increase biodiversity and minimize the connected and concentrated nature of agricultural production, the industry can lower its vulnerability to attack. Indoor agriculture may be one way to accomplish this goal. This Article describes indoor agriculture, explains the concept of agroterrorism, and explores the …
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
UF Law Faculty Publications
Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Art-icle is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores …
Reconsidering Criminal Procedure: Teaching The Law Of The Police, Rachel Harmon
Reconsidering Criminal Procedure: Teaching The Law Of The Police, Rachel Harmon
Saint Louis University Law Journal
No abstract provided.
Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker
Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker
UF Law Faculty Publications
This Article examines legal challenges confronting journalists who use drones to gather images. Initially, it traces the history of drones and the Federal Aviation Administration’s efforts to regulate them, as well as new state legislation that aims to restrict drones. This Article then illustrates that a wide array of legal remedies already exist for individuals harmed by journalistic drone usage, and it argues that calls for additional, piecemeal state laws to regulate drones are unnecessary and unduly hinder First Amendment interests in newsgathering and the public’s right to know. Furthermore, this Article asserts that the reasonable-expectation-of-privacy jurisprudence developed in aerial …
Underinclusivity And The First Amendment: The Legislative Right To Nibble At Problems After Williams-Yulee, Clay Calvert
Underinclusivity And The First Amendment: The Legislative Right To Nibble At Problems After Williams-Yulee, Clay Calvert
UF Law Faculty Publications
Using the U.S. Supreme Court’s 2015 opinion in Williams-Yulee v. Florida Bar as an analytical springboard, this Article examines the slipperiness — and sometimes fatalness — of the underinclusiveness doctrine in First Amendment free-speech jurisprudence. The doctrine allows lawmakers, at least in some instances, to take incremental, step-by-step measures to address harms caused by speech, rather than requiring an all-out, blanket-coverage approach. Yet, if the legislative tack taken is too small to ameliorate the harm that animates a state’s alleged regulatory interest, it could doom the statute for failing to directly advance it. In brief, the doctrine of underinclusivity requires …
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
American University National Security Law Brief
No abstract provided.
The Confluence Of Gender And Poverty: The Shameful History Of The Trafficking Of Poor Persons For Sexual Exploitation, Jody Raphael
The Confluence Of Gender And Poverty: The Shameful History Of The Trafficking Of Poor Persons For Sexual Exploitation, Jody Raphael
Indiana Journal of Law and Social Equality
No abstract provided.