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Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United Nations Charter, with its Statute of the International Court of Justice, offers mankind's best hope of attaining a world order of permanent peace through the substitution of the peaceful policies and procedures of International Justice for the jungle law of military might.

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war.

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United States Senate, on July 28, 1945, by a vote of eighty-nine to two, passed the Resolution of Ratification of the Charter of the United Nations with the Statute of the International Court of Justice annexed thereto. The treaty had been formulated at the United Nations Conference on International Organization, in San Francisco, and signed on June 26, 1945.

A Response To Telford Taylor's Nuremberg And Vietnam: An American Tragedy, Waldemar A. Solf

Akron Law Review

Professor Telford Taylor, who is best remembered as Justice Robert H. Jackson's successor as Chief of Counsel at Nuremberg after the War Crimes trial of the major war criminals, became an instant giant of the new industry by suggesting that if one were to apply to Dean Rusk, Robert McNamara, McGeorge Bundy, Walt Rostow and General William Westmoreland the same standards that were applied in the trial of General Tomoyuki Yamashita "there would be a very strong possibility that they would come to the same end as he did."' This suggestion by the person described on the dust jacket as …

The Era Of Libertarian Repression - 1948 To 1973: From Congressman To President, With Substantial Support From The Liberal Establishment, Frank Wilkerson

Akron Law Review

Such is not the case today. Crime, the modern fear, whether street or organized, is real and is increasing. Year after year, according to the understatements available on the problem from the FBI's Uniform Crime Reports, crime has increased-both in actual number committed and in proportion to the population growth. The political manipulation of the public's well-founded fear of crime in the present era has take rhetorical form in the political appeals for law and order during the 1968, 1970, and 1972 national campaigns, resulting in overwhelming and bi-partisan Congressional approval of ill-conceived and patently repressive laws in 1968 and …

Political Offences In Taiwan: Laws And Problems, Ming-Min Peng

Akron Law Review

The subject of this study is what the politically restrictive laws in Taiwan are which have been playing the most decisive role in the politics of "national emergency" of the Nationalist Government, how they operate in practice, how they square with the official Chinese Nationalist Constitution and what the impact is of these laws on the Chinese Nationalist legal system.

Juridical Control Of Terrorism, William T. Mallison

Akron Law Review

The present comment is written upon the basic assumption that the purpose of the juridical doctrines designed to control terror is to reduce, and if possible to eliminate, the destruction of human and material values involved in acts of terror. Professor Bassiouni approaches this problem through a threefold categorization of terror based upon motivation: first, terror designed to promote the private gain or profit of common criminals; second, terrorism by the mentally ill, and third, ideologically motivated terrorism. He deals primarily with the third one. This categorization is useful since it leads directly into a study of the causes of …

Selected Terroristic Claims Arising From The Arab-Israeli Context, Jordan J. Paust

Akron Law Review

This paper addresses itself to a subject of great importance and complexity-terrorism in the Mid-East conflict. Recognizing the vastness of this complex subject matter, this presentation focuses upon and confines its scope to the content of relevant international law and the efforts by some of the participants in the Mid-East struggle to justify conduct or to seek approval of conduct through changes in the law. It should be understood that the attempt herein is to consider law as it is and law as it might develop-not to debate the propriety or impropriety of the Israeli or Arab cause or of …

An Approach To Decision With Regard To Terrorism, Jordan J. Paust

Akron Law Review

To Professor Baxter's chagrin, the words "terror" and "terrorism" i-have been thrown about as well as words such as "criminal," and banditry." I believe that one of the problems that we should face at this time is the definitional approach. We should direct our inquiry to a definitional framework; 'because, this is exactly what has been the problem at the General Assembly of the United Nations, this "politicized throwing about" of conclusionary words without any reference to context or a set of criteria -for a shared definition of what the term means. The definitional approach that I would utilize is …

Methodological Options For International Legal Control Of Terrorism, M. Cherif Bassiouni

Akron Law Review

THE TITLE OF MY PRESENTATION differs from the general title of this Conference which misleadingly links terrorism and the Middle East. Unintended inferences will inevitably be drawn from that title. This can only be deplored in light of the serious efforts of those concerned scholars who are seeking rational solutions to the complex problem of "terror-violence."

Social and behaviorial scientists will in time tell us more about the conditions, reasons, causes and motivations leading to "terror-violence." With such knowledge jurists will be better equipped to develop the type of legal controls most likely to reduce the impact of violent strategies. …

A Skeptical Look At The Concept Of Terrorism, R. R. Baxter

Akron Law Review

International Law is that body of law which creates rights for me and duties for you. I fight wars of self-defence. You fight imperialistic wars of aggression. I am a patriotic soldier. You are a war criminal. I am a freedom fighter. You are a terrorist. It is in language of this character that we carry on rational discourse in these days. These are the conventional epithets of the contemporary epic.

We have cause to regret that a legal concept of "terrorism" was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no …

Symposium: Terrorism In The Middle East, Hamilton Desaussure

Akron Law Review

TERRORISM, LIKE THE RECENT tornados which struck in the Midwest, can come upon the unwary with lightning swiftness, strike in unexpected places, leave in their trail devastation, death, and helpless victims, and generate in relatives, friends, and a concerned public a sense of frustration and futility. Frustration in the sense that there was so little forewarning of the dramatic events that are to leave the lives of certain individuals forever changed. Futility that so little seems to be accomplished to prevent such destructive forces from again unfolding. The tornado that struck Xenia, Ohio, on April 3, 1974, took more than …

Disguising A Military Object As A Civilian Object: Prohibited Perfidy Or Permissible Ruse Of War?, Kevin Jon Heller

International Law Studies

A number of scholars have claimed that it is inherently perfidious to kill an enemy soldier by disguising a military object as a civilian object. This essay disagrees, noting that conventional and customary IHL deem at least five military practices that involve making a military object appear to be a civilian object permissible ruses of war, not prohibited acts of perfidy: camouflage, ambush, cover, booby-traps, and landmines. The essay thus argues that attackers are free to disguise a military object as a civilian object as long as the civilian object in question does not receive special protection under international humanitarian …

The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau

Georgia Journal of International & Comparative Law

No abstract provided.

August 6, 2015: What Is A Religious War?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Is a Religious War?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Plight Of The Interstate Child In American Courts, Leona Mary Hudak

Akron Law Review

FOR EVERY THREE MARRIAGES solemnized in the United States each year, one divorce is granted. In some states the statistics approach one for every two. Yet, it is not these almost overwhelming statistics which are the most pernicious aspects of the broken American marriage, but rather the tragic aftermath revolving about custody-visitation when children are involved. Therein lies an opprobrious indictment of the American juridical-legal-legislative system.' For with the official rescission of the nuptial contract begin the devious, sometimes vengeful and often heart-rending machinations and maneuvers of "noncustodian v. custodian" hearing and rehearing,' on the courtroom stages of 52 jurisdictions-all …

Bona Fide Occupation Qualifications And The Military Employer: Opportunities For Females And The Handicapped, Tim M. Callaghan

Akron Law Review

This article explores the hiring and job placement policies of the United States military departments' in light of the concept of the bona fide occupational qualification (BFOQ). In essence a BFOQ criterion is a requisite to the actual performance of an employment task; a potential employee may be refused a position if he lacks an ability or characteristic which can be labeled as a BFOQ.

Although the study of military employment practices may induce emotional argumentation, this article avoids any conclusions based upon traditional roles of potential employees and deals with two classes of potential employees. The first class of …

Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon

Touro Law Review

No abstract provided.

Establishing Russia's Responsibility For Cyber-Crime Based On Its Hacker Culture, Trevor Mcdougal

Brigham Young University International Law & Management Review

No abstract provided.

Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip Hamburger

Notre Dame Law Review

Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality. Put simply, both administrative lawmaking and § 501(c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality. The primary practical conclusion concerns administrative law. It will be seen that this sort of “law” is made through …

Who Owns The Scythian Gold? The Legal And Moral Implications Of Ukraine And Crimea's Cultural Dispute, Maria Nudelman

Fordham International Law Journal

This Note analyzes respective legal arguments that Ukraine and the Crimean museums can make to prove ownership of the objects. Part I establishes several elements key to the subsequent discussion, including the political and historical background of this dispute, the relevant laws on a national and international level, and the role of ethics and morality in the field of cultural heritage laws generally. Part II will consider relevant cultural heritage case studies, including treaties that divided cultural property after countries broke apart, the Thailand-Cambodian border dispute and the temple of Preah Vihear, and cases involving Soviet nationalized art. Past case …

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

Humanitarian Laws Of Armed Conflict In Sweden: Ogling The Socialist Camp, Jacob W.F. Sundberg

Akron Law Review

The inhabitants of a country with the military-geographical location of Sweden should find it natural, one would think, to consider extensively the political and legal-philosophical message of the world which surrounds the country, most conspicuously to the east and to the south, and, by navies below the horizon, less conspicuously to the north and to the west. Everywhere is the Socialist Camp - a not unlikely adversary in some future conflict. In Sweden, however, there prevails a surprising reluctance to discuss the realities of the Camp. To say the least, such discussion is up-hill work. Looking for the reasons why, …

Nanotechnology And The Future Of The Law Of Weaponry, Hitoshi Nasu

International Law Studies

Novel applications of nanotechnology for military purposes are expected to have a transformative impact on the way in which wars can be fought in the future battlespace, with the potential to drive changes to the law of weaponry. This article considers the potential of military applications of nanotechnology to bring changes to the existing principles and rules of weapons law. It specifically focuses on the likelihood that more sophisticated, miniaturized and tailored weapons and weapon systems will be produced that enable mechanical precision of targeting with no or few civilian casualties.

Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis

International Law Studies

The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.

The Rejection Or Modification Of Collective Bargaining Agreements Under 11 U.S.C. § 1113, Pierce Richardson

Akron Law Review

The controversy intensified after the Supreme Court decision in NLRB v. Bildisco and Bildisco. The decision outraged union leaders and led to the passage of 11 U.S.C. § 1113. This comment will explore the issues arising from efforts by businesses to reject or modify collective bargaining agreements under section 1113. The comment will review the history of such efforts, and will then discuss the Bildisco decision. The comment will then examine section 1113 and offer suggestions as to its interpretation.

Sweden And Humanitarian Law, Atle Grahl-Madsen

Akron Law Review

Professor Jacob W.F. Sundberg's article on "Humanitarian Laws of Armed Conflict in Sweden: Ogling the Socialist Camp"' has neither head nor tail. When coming to the author's "conclusions" the reader is likely to be dumbfounded: he may not have realized that this was what the article was all about. Up to that point he has been introduced to a variety of matters, presented in a hodge-podge manner. The article is failing on its own "merits."

However, the article is full of innuendo, half-truths and untruths. If published at home, no one knowing the author and his ideas would have paid …

The Process And Outcome Of Negotiations With Multinational Corporations: A Conceptual Framework For Analysis, T. M. Ocran

Akron Law Review

The essential purpose of this paper is to provide a conceptual framework for case studies aimed at outlining the main stages in the process of negotiations; indicating some of the main factors affecting the relative bargaining position of the parties to negotiations with multinational corporations; and providing indices for evaluating the resulting structure of the distribution of gains from the projects contemplated by such negotiations. The paper thus combines elements from the second, third and fourth categories of studies on negotiations.

A Good Treaty, Thomas E. Mcmahon

Akron Law Review

Time and space do not permit me to comment on the many worthy provisions within Protocol 1, so I have chosen two articles in the Protocol which strike me as important in the light of my experience: 1) Article 26 - Medical Aircraft in Contact or Similar Zones, and 1I) Article 77 - Protection of Children.