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Articles 5551 - 5580 of 13098
Full-Text Articles in Entire DC Network
Seven Pillars Of Small War Power, Randy Borum
Seven Pillars Of Small War Power, Randy Borum
Mental Health Law & Policy Faculty Publications
No abstract provided.
Collective V. Individual Human Rights In Membership Governance For Indigenous Peoples, Austin Badger
Collective V. Individual Human Rights In Membership Governance For Indigenous Peoples, Austin Badger
American University International Law Review
No abstract provided.
A Permanent Hybrid Court For Terrorism, Erin Creegan
A Permanent Hybrid Court For Terrorism, Erin Creegan
American University International Law Review
No abstract provided.
Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane
Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane
Faculty Articles
This article provides a critical appraisal of the newly adopted African IDPs Convention. In particular, it offers a detailed analysis of the Convention's transformation of the UN Guiding Principles into legally binding rules for the management of the phenomenon of internal displacement in Africa. By definition, internally displaced persons (IDPs) are persons who have not crossed international frontiers and are citizens of the state within which they find themselves. Although their conditions may be similar to refugees, who are necessarily aliens to the host community, their legal status is not analogous. At the most basic level, there is no doctrinal …
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain
Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain
Michigan Journal of Gender & Law
The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from the devastating consequences of humanitarian emergencies. There is also recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are overrepresented in the refugee and internally displaced communities that typically result from many humanitarian crises. Women bear acute care responsibilities in most societies and also disproportionately bear familial and communal care responsibilities in communities …
The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea, Raul (Pete) Pedrozo
The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea, Raul (Pete) Pedrozo
Loyola University Chicago International Law Review
No abstract provided.
The Law Of War In The War Against Terrorism, Michael A. Newton
The Law Of War In The War Against Terrorism, Michael A. Newton
Loyola University Chicago International Law Review
No abstract provided.
The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson
The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson
Loyola University Chicago International Law Review
No abstract provided.
Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler
Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler
Loyola University Chicago International Law Review
No abstract provided.
The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly
The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
The "Right" To Be Trafficked, Charles Piot
The "Right" To Be Trafficked, Charles Piot
Indiana Journal of Global Legal Studies
The post-Cold War dispensation in Togo, West Africa, ushered in a new lexicon of politically salient terms, among them droits de 1'homme. Initially deployed in the early 1990s by members of the political opposition to expose dictatorial abuse, this potent signifier then found its way into society at large and, spurred by NGO support, was taken up by women's groups in struggles over gender inequality. This essay explores droits de l'homme's itinerary in the villages of northern Togo where teenage children embraced the term in proclaiming their freedom from parental control. Ironically, the same children now leave their villages to …
Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum
Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum
Global Business Law Review
This article will discuss the emerging trend of Americanization of international arbitration. As American companies and law firms become more involved in international arbitration, the process has developed to include some of the procedural techniques common to the American courtroom. But other aspects of American litigation are not part of the process. Has this made international arbitration a more effective means of resolving disputes? What should American companies and their lawyers know about the process in order to participate successfully?
Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau
Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau
Global Business Law Review
Professor Carbonneau will discuss the possible impact of recent United States Supreme Court decisions on international arbitration. The opinions he will refer to could indicate a reversal of the Court’s position on arbitration that would undermine arbitration’s prominence as a means of resolving international commercial disputes. He will then discuss the negative effects international commerce could experience as a consequence.
The Rise And Demise Of The Collective Right Interpretation Of The Second Amendment, David T. Hardy
The Rise And Demise Of The Collective Right Interpretation Of The Second Amendment, David T. Hardy
Cleveland State Law Review
This article explores the origins of the two competing theories of the Second Amendment -- the "individual rights" approach which carried the majority in Heller and McDonald, and the variants of a "collective right" theory which was previously dominant in the lower courts, and one variant of which was endorsed by the Heller dissents. Careful analysis of states' bills of rights of the Framing period suggests that two guarantees were desired, by different political factions. Framers closely adhering to the Classical Republican point of view favored protection for the militia as a system; those favoring the emerging Jeffersonian point of …
The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod
The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod
Cleveland State Law Review
This article attempts to carve a path between the two sides in this autonomy war. It begins by bringing into dialogue with each other four of the most influential legal philosophers of our day: Joseph Raz, Ronald Dworkin, John Finnis, and Robert George. Each of these four scholars makes bold and instructive claims about the value and limits of personal autonomy. The article then examines several different areas of state law where one might expect a principle of autonomy to be implicated, and articulates six important lessons that one can glean from state law about the relationship between personal autonomy …
Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley
Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley
Fordham International Law Journal
On January 14, 2010, four Hellfire missiles fired from an unmanned aerial vehicle (“drone”) slammed into a compound in Pakistan’s South Waziristan region, killing ten people. Hakimullah Mehsud, leader of Tehrik-e-Taliban Pakistan (“TTP”), was the reported target of the strike. Already the eighth US drone attack in Pakistan in 2010, these strikes followed two consecutive years of dramatically increased drone activity within Pakistan. Despite a high degree of media and scholarly interest in the United States’ use of drones in Pakistan, little attention has focused on whether the United States is engaged in an armed conflict in Pakistan, as defined …
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
Fordham International Law Journal
Global governance rests on the exercise of public authority by a myriad of actors. In the international order, the more powers and influence these actors acquire, the more their legitimacy proves to be controversial. It is submitted here that the legitimacy of international, regional, and domestic actors that partake in global governance—those considered here as global actors—must be appraised from a two-fold standpoint. Their legitimacy can first be gauged through the lens of the origin of their powers. This is what this Article calls the legitimacy of origin. The origin of the power may often prove an insufficient indicator of …
International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain
International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain
Case Western Reserve Journal of International Law
No abstract provided.
Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell
Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
It is remarkable that in less than two years so many significant developments have taken place that concern the United States and the struggle against transnational terrorism. Perhaps the three most significant are as follows: (1) the Obama administration’s failure to reject wholesale the Bush-Cheney administration’s counterterrorism policies and practices; (2) the popular revolts sweeping the Arab world, often referred to as the “Arab spring”; and (3) the US Navy Seals killing Osama bin Laden in Abbottabad, Pakistan.
False Dichotomies Of Transitional Justice: Gender, Conflict And Combatants In Colombia, Shana Tabak
False Dichotomies Of Transitional Justice: Gender, Conflict And Combatants In Colombia, Shana Tabak
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Unsex Cedaw, Or What's Wrong With Women's Rights, Darren Rosenblum
Unsex Cedaw, Or What's Wrong With Women's Rights, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I discusses why CEDAW continues to be relevant as the primary source of international law on sex discrimination. Until the advent of the Convention on the Rights of the Child (CRC), CEDAW was the most widely-subscribed international treaty. Some of the draft language of CEDAW reflects the tension between category and identity and how "women" won the debate. Part II contrasts CEDAW with the Convention for the Elimination of Racial Discrimination (CERD). It points to the identitarian focus of CEDAW as a core reason for its failures. Had CEDAW reflected a category focus, as CERD did, it would more …
Open Robotics , M. Ryan Calo
Imprisonment Without Trial, Owen Fiss
Imprisonment Without Trial, Owen Fiss
Tulsa Law Review
This article was presented at the 2011 Symposium honoring the Hon. Aharon Barak.
Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson
Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson
American University International Law Review
No abstract provided.
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Articles
No abstract provided.
The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory S. Crespi
The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
There are currently well over ten million underwater homeowners whose mortgage obligations exceed the current value of their houses, with an aggregate negative equity position of at least $800 billion and possibly over $1 trillion. The overwhelming majority of these persons continue to make their mortgage payments even though for many their interests would be better served by defaulting. This is therefore an unstable situation that could suddenly erupt with a rapid cascade of millions of strategic defaults, potentially triggering severe macroeconomic dislocations. It is urgent that this situation be defused through the modification of the mortgages of a large …
Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.
Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Letting The Puppets Speak: Employee Voice In The Legislative History Of The Wagner Act, Laura J. Cooper
Letting The Puppets Speak: Employee Voice In The Legislative History Of The Wagner Act, Laura J. Cooper
Articles
Professor Kenneth G. Dau-Schmidt, in his keynote address in this Symposium, Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform, 1 joins a chorus of other scholars when he identifies a lack of employee voice in the workplace as a fundamental deficiency of contemporary American labor relations and recommends initiatives to remedy the problem. 2 Today's scholarly critiques and proposals directed at the problem of employee voice echo a flurry of commentaries that appeared in the late 1980s and early 1990s. These earlier critics bemoaned the absence of employee workplace voice, viewed Section 8(a)(2) of the National …
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Articles
Over the past quarter-century, many countries have experienced deeply divisive and highly destructive armed conflicts, ranging from Afghanistan to The Democratic Republic of Congo to Rwanda, East Timor, Northern Ireland, and the countries of the former Yugoslavia. Each of these countries is at a different point on the spectrum of emerging from and addressing the causes of conflicts. Moreover, with varying degrees of intervention and assistance from the international community, each is responding in highly differentiated ways to the challenges of emerging from conflict, as well as rebuilding or creating new institutions to allow movement forward.