Digital Commons Network^™

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Journal of Legal Education

No abstract provided.

Book Review Of Louis D. Brandeis: A Life, By Melvin I. Urofsky, Robert W. Gordon

Journal of Legal Education

No abstract provided.

War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel

Legislation and Policy Brief

In recent years, federal courts have tried an increasing number of suspected terrorists. In fact, since 2001, federal courts have convicted over 403 people for terrorism-related crimes. Although much has been written about the normative question of where terrorists should be tried, scant research exists about the impact these recent trials have had upon the Article III court system. The debate, rather, has focused almost exclusively upon the proper venue for these trials and the hypothetical problems and advantages that might inhere in each venue.

The war in Afghanistan, presenting a host of thorny legal issues, is now the longest …

Ethnic Cleansing As Euphemism, Metaphor, Criminology And Law, Todd Haugh

All Faculty Scholarship

No abstract provided.

International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown

All Faculty Scholarship

The purpose of international criminal law is to establish the criminal responsibility of individuals for international crimes. Public international law is traditionally focused on the rights and obligations of states, and thus is not particularly well suited to this task. It has adapted through a long and slow historical process, drawing upon multiple sources. Many of the chapters in this Handbook explore to some extent the historical development of international criminal law. I will not attempt to summarize that history in detail, but a few historical observations here will help to explain how international criminal law emerged from its sources …

Against Flexibility, David A. Super

Cornell Law Review

No abstract provided.

The 2011 Philip C. Jessup International Law, The State Of Ardenia, The State Of Rigalia

ILSA Journal of International & Comparative Law

The State of Rigalia and the State of Ardenia submit the present dispute concerning the Zetian Provinces to the International Court of Justice by Special Agreement, dated 5 May 2010, pursuant to article 40(1) of the Statute of the International Court ofJustice.

Gender Dimorphism In The United States Legal System: A "Post-Feminist" And Comparative Critique, Jim Wilets

ILSA Journal of International & Comparative Law

In the last three decades, there has been extensive jurisprudential literature positing that the structure, values, and processes of the American legal and educational system, focusing heavily on adversarial battle among parties in court, and competition in law school, are fundamentally "male- centered.

Justice Hugo Black And His Law Clerks: Match-Making And Match Point, Todd C. Peppers

Scholarly Articles

Like other Justices on the Supreme Court, Justice Black hired law clerks to assist with the work of the Court. Each year, his law clerks would assist in reviewing cert. petitions, doing legal research, and editing opinion drafts. These job duties, however, were only one dimension of the Black clerkship. As the Justice himself once remarked to a law-clerk applicant, “I don’t pick my law clerks for what they can do for me, I pick my law clerks for what I can do for them.”

Santa Clara Magazine, Volume 52, Number 3, Winter 2010, Santa Clara University

Santa Clara Magazine

14 - GOOD LIT By Alicia K. Gonzales '09 and Steven Boyd Saum. It's time to light 10 candles on the birthday cake for SCU's California Legacy Series. To date: 43 books, 500 radio broadcasts, and a handful of movies. What's next? Something big.

16 - SHAPING THE FUTURE by Adolfo Nicolas, S.J. What can Jesuit universities do-together-to make the world a more humane, just, and sustainable place? It starts with imagination, an unequaled global network, and a conference in Mexico City- where Jesuit Superior General Adolfo Nicolas takes stock of challenges to Jesuit higher education today.

24 - A …

Responses To The Ten Questions, Aziz Rana

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Richard Murphy

William Mitchell Law Review

No abstract provided.

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Faculty Working Papers

In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.

New Approaches To Customary International Law, Anthony D'Amato

Faculty Working Papers

Reviews Eric A. Posner, The Perils of Global Legalism; Andrew T. Guzman, How International Law Works; Brian A. Lepard, Customary International Law.

After a century of benign neglect, international theorizing has taken off. The three contributors to legal theory reviewed here can be placed along a linear spectrum with Posner at the extreme political science end, Lepard at the opposite international law end and Andrew Guzman holding up the middle.

The Limits Of Constructivism: Can Rawls Condemn Female Genital Mutilation?, Andrew Koppelman

Faculty Working Papers

The strategy for coping with value pluralism that Rawls has proposed is to permit political decisions, at least with respect to basic rights, to depend only on those goods that can be inferred from the bare requirements of respectful relations between persons. His account offers such a parsimonious conception of the good that it cannot cognize some atrocities. I focus on one extreme human rights case: the practice of female genital mutilation (FGM), which, it is well established, violates basic human rights. Doubtless Rawls was appalled by the practice. Yet his theory cannot generate a basis for condemning it. A …

Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Richmond Journal of Global Law & Business

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Responses To The Ten Questions, Charles J. Dunlap Jr.

William Mitchell Law Review

No abstract provided.

Taking International Law At Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa Davis

Florida State University Law Review

No abstract provided.

Lost In Doctrine: Particular Social Group, Child Soldiers, And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa Davis

Florida State University Law Review

No abstract provided.

The Fairness Doctrine In Light Of Hostile Media Perception, R. Trevor Hall, James C. Phillips

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

Toward An International Rule Of Law, Brandeis Institute For International Judges

Global Business & Development Law Journal

No abstract provided.

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 …

The Role Of Non-Utility Service Providers In Smart Grid Development: Should They Be Regulated, And If So, Who Can Regulate Them?, Andreas S.V. Wokutch

Colorado Technology Law Journal

No abstract provided.

The Resilience Principles: A Framework For New Ict Governance, Pierre De Vries

Colorado Technology Law Journal

No abstract provided.

Padilla V. Kentucky: Sound And Fury Or Transformative Potential, Steven Zeidman

Publications and Research

No abstract provided.

National Archives And International Conflicts: The Society Of American Archivists And War, Douglas Cox

Publications and Research

No abstract provided.

Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, 28 J. Marshall J. Computer & Info. L. 451 (2011), Taiwo A. Oriola

UIC John Marshall Journal of Information Technology & Privacy Law

The pertinent questions therefore are: first, could software vulnerabilities be obviated simply by ameliorating factors responsible for market failure as canvassed by the literature on the economics of software security, drawing on the strength of the theory of information asymmetry, or are vulnerabilities inevitable irrespective of market dynamics and solutions? Second, to what extent is vulnerabilities research or the surreptitious exploitation of software vulnerabilities by hackers tantamount to trespass, and what are the legal implications, if any? Third, to what extent is the peddling of software vulnerabilities valid or enforceable in law? Fourth, what are the implications of software vulnerabilities …

Stuxnet As Cyberwarfare: Applying The Law Of War To The Virtual Battlefield, 29 J. Marshall J. Computer & Info. L. 1 (2011), John Richardson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

International Law In A Time Of Change: Should International Law Lead Or Follow?, Antony Anghie

American University International Law Review

No abstract provided.

Culture Wars: Protection Of Cultural Monuments In A Human Rights Context, Kruti J. Patel

Chicago-Kent Journal of International and Comparative Law

No abstract provided.