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Lessons From Lincoln: A Comment On Levinson, Steven D. Smith Jan 2012

Lessons From Lincoln: A Comment On Levinson, Steven D. Smith

Pepperdine Law Review

No abstract provided.


Notice: Albums Are Dead - Sell Singles, Brian P. Nestor Jan 2012

Notice: Albums Are Dead - Sell Singles, Brian P. Nestor

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Support And Defend: Civil-Military Relations In The Age Of Obama - Human Rights In The Obama Administration: A Stein Center & Leitner Center Colloquium, Mark R. Shulman Jan 2012

Support And Defend: Civil-Military Relations In The Age Of Obama - Human Rights In The Obama Administration: A Stein Center & Leitner Center Colloquium, Mark R. Shulman

Fordham International Law Journal

No abstract provided.


The Limits Of International Environmental Law: Military Necessity V. Conservation, Alexander Gillespie Jan 2012

The Limits Of International Environmental Law: Military Necessity V. Conservation, Alexander Gillespie

Colorado Environmental Law Journal

No abstract provided.


Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet Jan 2012

Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet

Faculty Working Papers

This essay tells the story of Shields Green and John Copeland, two black men who joined John Brown's raid on Harper's Ferry. Along with Brown and several others, Green and Copeland were taken prisoner in the aftermath of the failed insurrection, and they were brought to trial in nearby Charlestown on charges of murder and treason. Unlike Brown, who was treated respectfully by his captors, Green and Copeland were handled roughly. Copeland in particular was subjected to a harsh interrogation that was criticized even by pro-slavery Democrats in the North. The black prisoners did, however, have the benefit of a …


A History Of Government Contracting, Third Edition Volume I, James F. Nagle Jan 2012

A History Of Government Contracting, Third Edition Volume I, James F. Nagle

A History of Government Contracting

Published in 2012, the third edition includes a new chapter in the second volume entitled “Tragedy, Competing Emphases, and Unintended Consequences — 1995-2011.” In this chapter, Mr. Nagle covers the September 11th terrorist attack, Hurricane Katrina, and the 2008 recession. Due to a printing error, this final chapter has been revised and is included as part of this collection.


Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman Jan 2012

Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman

Law Faculty Publications

This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …


Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman Jan 2012

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …


Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan Jan 2012

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan

All Faculty Scholarship

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …


The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael Jan 2012

The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael

ILSA Journal of International & Comparative Law

Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'


Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg Jan 2012

Nuclear Disarmament And The United Nations Disarmament Machinery, Alicia Godsberg

ILSA Journal of International & Comparative Law

The United Nations (U.N.) was formed as World War II was ending with the lofty goal of preventing the scourge of war from ever again engulfing the world in global conflict.


Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust Jan 2012

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'


Diversionary Tactics: Alternative Procedures For The Prosecution Of Military Veterans, Michael E. Mccarthy Jan 2012

Diversionary Tactics: Alternative Procedures For The Prosecution Of Military Veterans, Michael E. Mccarthy

Duquesne Law Review

No abstract provided.


“Injustice Anywhere Is A Threat To Justice Everywhere” Internal Vs. International Armed Conflicts: Should The Distinction Be Eliminated?, Laura Chafey Jan 2012

“Injustice Anywhere Is A Threat To Justice Everywhere” Internal Vs. International Armed Conflicts: Should The Distinction Be Eliminated?, Laura Chafey

University of Baltimore Journal of International Law

This article discusses international humanitarian law, particularly the Geneva Conventions and its Additional Protocols. It analyzes the rights of protected persons under the Geneva Conventions, such as prisoners of war and civilians, as well as the obligations of States during armed conflicts. Furthermore, the article points out the flaws in the Geneva Conventions, such as the discrepancy between the obligations of States during an international armed conflict vs. during an internal armed conflicts. It argues that this distinction between international and internal armed conflicts should be eliminated and that States’ obligations should be the same for both conflicts.


Accusation In A Mirror, Kenneth L. Marcus Jan 2012

Accusation In A Mirror, Kenneth L. Marcus

Loyola University Chicago Law Journal

No abstract provided.


Droning On: The War Powers Resolution And The Numbing Effect Of Technology-Driven Warfare, Judah A. Druck Jan 2012

Droning On: The War Powers Resolution And The Numbing Effect Of Technology-Driven Warfare, Judah A. Druck

Cornell Law Review

No abstract provided.


Responses To The Five Questions, Steven Metz Jan 2012

Responses To The Five Questions, Steven Metz

William Mitchell Law Review

No abstract provided.


Goldstone Reconsidered, Richard D. Rosen Jan 2012

Goldstone Reconsidered, Richard D. Rosen

Florida State University Journal of Transnational Law & Policy

No abstract provided.


John Courtney Murray, S.J.: The Meaning Of Social Justice In Catholic Thought, Robert John Araujo Jan 2012

John Courtney Murray, S.J.: The Meaning Of Social Justice In Catholic Thought, Robert John Araujo

Loyola University Chicago Law Journal

No abstract provided.


The Value Of Valor: Money, Medals, And Military Labor, Mateo Taussig-Rubbo Jan 2012

The Value Of Valor: Money, Medals, And Military Labor, Mateo Taussig-Rubbo

North Dakota Law Review

No abstract provided.


What's Terrorism Got To Do With It? The Perils Of Prosecutorial Misuse Of Terrorism Offenses, Michal Buchhandler-Raphael Jan 2012

What's Terrorism Got To Do With It? The Perils Of Prosecutorial Misuse Of Terrorism Offenses, Michal Buchhandler-Raphael

Florida State University Law Review

No abstract provided.


Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack Jan 2012

Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack

Global Business & Development Law Journal

No abstract provided.


A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart Jan 2012

A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart

Law Faculty Publications

No abstract provided.


The Nonjusticiability Of Palestine: Human Rights Litigation And The (Mis)Application Of The Political Question Doctrine, Gwynne Skinner Jan 2012

The Nonjusticiability Of Palestine: Human Rights Litigation And The (Mis)Application Of The Political Question Doctrine, Gwynne Skinner

UC Law SF International Law Review

The Political Question Doctrine is a problematic and an often misused doctrine that prevents courts from fulfilling their Article III responsibilities. Nowhere is this misuse more prevalent than in human rights cases involving Palestine, and in particular, human rights cases alleging misconduct by the Israeli government or officials. This Article discusses in detail courts' decisions regarding the Political Question Doctrine raised in human rights litigation, and analyzes courts' decisions in such cases involving Palestine. It notes the stark difference in both outcome and analysis regarding cases against the PLO, Arab Bank, or others acting in Palestinian interests - all of …


Class Notes Jan 2012

Class Notes

Sooner Lawyer Archive

No abstract provided.


Taking From The State And Giving To The Union: Dissolving Member State Sovereignty Through He Noble Goal Of Establishing A Common Market, Ashby Carlton Davis Jan 2012

Taking From The State And Giving To The Union: Dissolving Member State Sovereignty Through He Noble Goal Of Establishing A Common Market, Ashby Carlton Davis

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin Jan 2012

Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin

Laws and Legislation Collection

As the intersection of animal law and animal research becomes congested, it is appropriate to establish the scientific context in which laws regarding the use and care of research animals will operate. There are at least three components of this context that set the terms of the debate: ethics, science, and the legal status of animals. The following discussion will not address ethics; not because it isn’t important, but because it exists along a spectrum of objective and subjective positions that are often unassailable by argument and data. I can assure you as a former animal researcher that even in …


Towards A Synthesis Between Islamic And Western Jus In Bello, Jacob Turner Jan 2012

Towards A Synthesis Between Islamic And Western Jus In Bello, Jacob Turner

Florida State University Journal of Transnational Law & Policy

International Humanitarian Law (IHL) has lagged behind modern warfare. This article deals with the difficulties in distinguishing civilians from combatants in an age where most conflicts are fought between irregular combatants and full-time armies. The recent killing of Osama Bin Laden, as well as the increasing use of armed aerial 'drones' has provided publicity to these debates. It has also become apparent that many Islamist participants in warfare do not consider themselves primarily bound by traditional Western IHL sources, such as the Geneva Conventions, instead preferring religious sources. It is imperative that new provisions of IHL be developed to accommodate …


Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro Jan 2012

Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro

Undergraduate Review

War is a creation of mankind that has evolved along with human civilization, leaving a bloody trail in its wake. As there are those in our world who strive to improve peacetime society, there are also those who push the limits of weaponry and revolutionize the way war is waged. In this day and age, opposing forces rarely meet on a traditional battlefield but instead inflict death and destruction from across the horizon with weapons of catastrophic capability. Consequently the costs of developing such advanced war machines are increasingly heavy. With this rapid evolution of combat and the weaponry used …


My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss Jan 2012

My Fellow Americans, We Are Going To Kill You: The Legality Of Targeting And Killing U.S. Citizens Abroad, Mike Dreyfuss

Vanderbilt Law Review

Silent and cold. At twenty thousand feet, the temperature is minus ten degrees Fahrenheit. At almost a thousand miles per hour, sound cannot keep up. Heat and noise struggle in the turbulence. Three miles away, seven thousand miles from American soil, an American citizen driving an empty road has ten seconds to live. As a leader in an organization actively engaged in armed conflict against the United States, this American citizen has become an enemy of the United States. In response to the threat he poses to his fellow Americans, his government added him to a kill list, targeted him, …