Digital Commons Network^™

Responses To The Five Questions, A. Mark Weisburd

William Mitchell Law Review

No abstract provided.

International Intellectual Property Scholars Series: Using Intellectual Property Rights To Create Value In The Coffee Industry, Daphne Zografos Johnson

Marquette Intellectual Property Law Review

Coffee is the single most important tropical commodity traded worldwide. It is produced in over 50 developing countries, and it is estimated that some 20 million rural families, or 125 million people, depend on growing coffee throughout the world for their livelihoods. Over the past decade, coffee producers have been facing considerable difficulties because of low and unstable coffee prices. In 2002, coffee prices collapsed to 100-year lows in real terms, leading to a world coffee crisis. Meanwhile, the coffee economy in high income countries has been moving in the opposite direction, and the crisis is hardly visible from Starbucks-type …

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

Under The Lens Of The Constitution: The Ndaa's Detainee Provisions And The Fifth Amendment's Guarantee Of Equal Protection, Stephen Consuegra

St. Thomas Law Review

The crux of this article discusses Congress's passage of the unequal detainee provisions under the NDAA and its equal protection issues under the Fifth Amendment to the Constitution. Part II begins with a discussion on the impetus for congressional passage of the Authorization for Use of Military Force ("AUMF") and its development under the laws of war. Next, Part III analyzes United States Supreme Court precedent that previously interpreted the scope of presidential power under the AUMF and explores its implications for purposes of understanding the NDAA's detainee provisions. Part IV follows with a discussion on the NDAA's detainee provisions, …

Transforming Accountability: A Proposal For Reconsidering How Human Rights Obligations Are Applied To Private Military Security Firms, Lauren Groth

UC Law SF International Law Review

This Article argues that there is an [a]ccountability gap within the legal frameworks that apply to private military security contractors (PMSCs) that has led to widespread impunity and human rights violations. Recent legal efforts to address the problem have been unsuccessful because they fail to consider and reflect the larger transformations taking place in international relations. This failure is, in essence, the [A]ccountability gap: international law no longer accurately reflects the nature of the realities it is meant to regulate, allowing those organizations which now hold power in global politics, yet are unrecognized by international law, to escape accountability. Thus, …

Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska

Canada-United States Law Journal

No abstract provided.

Revolutions And Expatriates: Social Networking, Ubiquitous Media And The Disintermedia Of The State, Jon M. Garon

Journal of International Business and Law

This article explores the modern disruption of the state as the territorial control over its citizens and the restructuring of these social structures caused by social media and the unmediated communication of the digital age. Nowhere has this transformation been greater than in the Middle East, a region shaped by arbitrary political expediency and under tremendous popular pressure to redefine itself. But these transformations are not merely the populist uprisings of Tunisia, Egypt, Libya and Syria; they can be seen in economic transformations of Asia and economic harmonizations between Europe and North America. In all political, economic and social spheres, …

International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Thais-Lyn Trayer

Human Rights Brief

No abstract provided.

Fall Cyberwar Symposium Panel 1: When Is A Virus A War Crime - Targetability And Collateral Damage Under The Law Of Armed Conflict, American University National Security Law Brief

American University National Security Law Brief

No abstract provided.

Modifying The Filibuster: A Means To Foster Bipartisanship While Reining In Its Most Egregious Abuses, Brian R.D. Hamm

Hofstra Law Review

No abstract provided.

Traditions Of Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam Foster Halabi

American University International Law Review

No abstract provided.

The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala

American University International Law Review

No abstract provided.

The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley

American University International Law Review

No abstract provided.

Implementing The Children's Rights Agenda In Kenya: Taking Stock Of The Progress, Hurdles And Prospects, James Forole Jarso

American University International Law Review

No abstract provided.

Shields Of War: Defining Military Contractors’ Liability For Torture, Kathryn R. Johnson

American University Law Review

No abstract provided.

Beyond Wisconsin: Public Employee Union Rights Amidst State Attacks On Public Sector Collective Bargaining, Michael L. Artz

Labor & Employment Law Forum

No abstract provided.

Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii

UIC Law Review

No abstract provided.

Fair For Whom? Amazon Kindles The Fight Over Internet Sales Tax, 46 J. Marshall L. Rev. 357 (2012), Matthew Martin

UIC Law Review

No abstract provided.

Identifying Values In Land Use Regulation, Adam J. Macleod

Scholarly Articles

The rules governing the lawfulness of land use decisions are a mess. State enabling acts elide distinguishable and plural objectives of the police powers. Courts — especially state courts — generally fail to distinguish between different types of challenges and different types of land use regulatory actions. As a result, courts typically resort to the deferential position that the Supreme Court adopted in Village of Euclid, Ohio v. Ambler Realty Co., even where that standard of review is wholly inappropriate.

Meanwhile, the evidence is mounting that local governments often exercise their land use regulatory authority in arbitrary, irrational, and discriminatory …

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Scholarly Articles

Recent controversies, such as enactment of an individual mandate to purchase health insurance and the legalization of assisted suicide in Washington and Montana, have renewed the war over personal autonomy. Debates about the value and limits of personal autonomy also play major roles in the controversies over abortion, same-sex intimacy, and same-sex marriage. On one side of the autonomy war, advocates of unfettered individual freedom assert that by her un-coerced and autonomous choice the individual person determines the value of human goods such as life, health, and marriage. On the other side, proponents of strong government restrictions on personal choice …

Session Two: Concurrent Panels, Mariam Jishkariani, Maria Natividad P. Hernandez, Pierre Duterte, Daniel Carey, Irit Ballas, Ala’A Shehabi, Felicitas Treue, Frances Lovemore, Rafael Garrido Álvarez, Silvia Serrano Guzmán, Mechthild Wenk-Ansohn, Rodger Haines, Christy Fujio

Human Rights Brief

No abstract provided.

Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska

Canada-United States Law Journal

No abstract provided.

Stumbling Towards Distributive Justice, Aileen E. Nowlan

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

10 Years After 9/11: And Still Fighting Newwars With Old Weaponswhy And How The Geneva Conventions Mustbe Amended To Cover Al Qaeda, Dominic Hoerauf

American University National Security Law Brief

No abstract provided.

Fall Cyberwar Symposium : Keynote Speaker, American University National Security Law Brief

American University National Security Law Brief

No abstract provided.

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

University of Baltimore Journal of International Law

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …

Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand

Indiana Journal of Global Legal Studies

This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.

Evolving Battlefields: Does Stuxnet Demonstrate A Need For Modifications To The Law Of Armed Conflict?, Jeremy Richmond

Fordham International Law Journal

No abstract provided.

Defending Blasphemy: Exploring Religious Expression Under Ireland's Blasphemy Law, Katherine A. E. Jacob

Case Western Reserve Journal of International Law

Note of the Year.

Emergency Powers Of The Executive: The President’S Authority When All Hell Breaks Loose, Joshua L. Friedman

Journal of Law and Health

Within the perspective of Hamilton‘s admonition against limiting executive authority, this Article endeavors to generally discuss the historical and recent separation of powers issues arising with an active executive branch. Part II gives a brief overview of executive powers and their limitations: first discussing what actions are strictly executive in character, and then presenting Congress‘ attempts to question the executive‘s emergency powers and addressing the Judicial branch‘s struggle with finding a balance between judicial oversight and political question doctrine. Part III reviews specifically enumerated powers of the executive in emergencies where executive action is justified by the constitution, such as …