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Articles 5701 - 5730 of 13098

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Space Debris And Its Threat To National Security, Joseph S. Imburgia Jan 2011

Space Debris And Its Threat To National Security, Joseph S. Imburgia

Vanderbilt Journal of Transnational Law

In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris. In 2009, the collision of two satellites created thousands more. By 2010, more than 95 percent of all man-made objects in Earth's orbit were debris. Such a sudden and massive addition to the space debris environment since 2007 poses a direct threat to operational satellites and continued space access. This in turn threatens U.S. national security, to which space access and use is vital. Unfortunately, future increases in the number of space-faring nations and corresponding launches will only exacerbate this space debris …


An Idea Of American Indian Land Justice: Examining Native Land Liberation In The New Progressive Era, Richael Faithful Jan 2011

An Idea Of American Indian Land Justice: Examining Native Land Liberation In The New Progressive Era, Richael Faithful

Celebrating WCL Student Authors

This article is inspired by Professor Robert Odawi Porter’s remarks during the 2009 D.C. Federal Indian Bar conference in which he outlined a seemingly radical proposal for “land liberation” for American Indian tribes – the abandonment of United States trusteeship over tribal land, and return of title and associated rights to numerous tribes who have lost their land due to nefarious governmental policies and bad deals. In an effort to bridge Porter’s visionary legal viewpoint with renowned economist and philosopher, Amartya Sen’s recent visionary contribution on justice, An Idea of American Indian Land Justice, helps revive an Indian law, critical …


Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack Jan 2011

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.


The Evolution Of International Environmental Law, Edith Brown Weiss Jan 2011

The Evolution Of International Environmental Law, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

In the last forty years, international environmental law has evolved rapidly, as environmental risks have become more apparent and their assessment and management more complex. In 1972, there were only a few dozen multilateral agreements, and most countries lacked environmental legislation. In 2011, there are hundreds of multilateral and bilateral environmental agreements and all countries have one or more environmental statutes and/or regulations. Many actors in addition to States shape the development, implementation of, and compliance with international environmental law. Moreover, environment is increasingly integrated with economic development, human rights, trade, and national security. Analyzing the evolution of international environmental …


Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke Jan 2011

Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke

Cardozo Journal of Conflict Resolution

The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.


International Advocate For Peace Award Acceptance Speech, Abigail E. Disney Jan 2011

International Advocate For Peace Award Acceptance Speech, Abigail E. Disney

Cardozo Journal of Conflict Resolution

In a few weeks, we will all be gathering around our mothers to celebrate one of the most shamelessly trumped-up, commercialized and corny-and I might add, one of my very favorite-holidays on the American calendar: Mother's Day. I do not want to sound cynical; it is truly a wonderful thing for us to stop and honor those women in our lives who have shaped us, for better or for worse. And who does not love a little tribute made out of glitter and doilies and Elmer's glue?


The Torture Victim Protection Act: A Means To Corporate Liability For Aiding And Abetting Torture, Jessica Grunberg Jan 2011

The Torture Victim Protection Act: A Means To Corporate Liability For Aiding And Abetting Torture, Jessica Grunberg

Catholic University Law Review

No abstract provided.


The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington Jan 2011

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

Faculty Scholarship

During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …


Ogalala Sioux Tribal Profile, Karen Kimbro Chase Jan 2011

Ogalala Sioux Tribal Profile, Karen Kimbro Chase

Tribal Law Journal

This profile offers an excellent overview of Oglala Sioux law, both traditional and modern. Like many tribes, the Indian Reorganization Act had a major impact on the contemporary law of the Oglala Sioux. While the IRA resulted in tribal constitutions that reflected the values of the U.S. Constitution, this profile examines the traditional and customary law that was subsequently incorporated into the Oglala Sioux Constitution. This profile includes a brief history of the Oglala Sioux, overview of traditional law, governmental structure, summary of contemporary law, and history of political activism.


Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett Jan 2011

Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett

Journal Articles

Justice William Brennan rightfully reminded all of us that state constitutional law is too often neglected in our courtrooms and our classrooms. State constitutions, to borrow from the late Chief Justice William Rehnquist, ought not to be "relegated to the status of a poor relation" in our constitutional legal structure. They differ in important ways from the federal law Constitution-and those differences provide the space within which our democratic experiment flourishes. And I am sure if Justice Brennan were here with us today, he would agree that we also should not neglect the study of the state and local policies …


Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan, Matthew H. Charity Jan 2011

Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan, Matthew H. Charity

Faculty Scholarship

The international community continues to struggle with the question of what to do when a nation fails to protect its own people from systemic neglect, mistreatment, or even genocide. For many years, this debate pitted proponents of humanitarian intervention by a third-party against those who believe that all others must defer to the sovereign right of the state to control its own affairs and the affairs of its people. In the midst of this debate, the international community has adopted a middle road: insisting that states must acknowledge their responsibility to protect their populations and if the state manifestly fails …


The Progressive Presidency And The Shaping Of The Modern Executive, Andrea Scoseria Katz Jan 2011

The Progressive Presidency And The Shaping Of The Modern Executive, Andrea Scoseria Katz

Scholarship@WashULaw

The contemporary presidency, with its expanded foreign policy, administrative and public duties, is largely a brainchild of the Progressive Era. The Progressives envisioned an enlarged executive, one outside the original guidelines of the U.S. Constitution, which they deemed “archaic,” “undemocratic,” and unsuited to the demands of the modern age, in which mass capitalism dislocated, alienated and disenfranchised the common man. The Progressives wanted to bring about a more energetic, streamlined, and unified state at the helm of which stood the presidency, an office of popular leadership and swift action. To accommodate this new, active figure, some Progressives believed it necessary …


The "Federalization" Problem And Nonprofit Self- Regulation: Some Initial Thoughts, Mark Sidel Jan 2011

The "Federalization" Problem And Nonprofit Self- Regulation: Some Initial Thoughts, Mark Sidel

Kentucky Law Journal

No abstract provided.


In Defense Of Deterrence, Andrew Popper Jan 2011

In Defense Of Deterrence, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Lawfare: A War Worth Fighting, Paul Williams Jan 2011

Lawfare: A War Worth Fighting, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.


How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai Jan 2011

How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai

Duke Journal of Comparative & International Law

No abstract provided.


Killing The Messenger: The Intersection Between Sex Trafficking, Planned Parenthood & The Marginalization Of Youth Victims, Sarah Primrose Jan 2011

Killing The Messenger: The Intersection Between Sex Trafficking, Planned Parenthood & The Marginalization Of Youth Victims, Sarah Primrose

University of Florida Journal of Law & Public Policy

No abstract provided.


The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal Jan 2011

The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal

Vanderbilt Journal of Transnational Law

Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. This Article examines the relationship between the two prohibitions--of the use and threat of force--and considers the largely unexplored possibility of states utilizing a threat of force as a means of lawful defensive response: self-defense in the form of a threat. The status of this …


The Convention On Cluster Munitions: An Incomplete Solution To The Cluster Munition Problem, Daniel J. Raccuia Jan 2011

The Convention On Cluster Munitions: An Incomplete Solution To The Cluster Munition Problem, Daniel J. Raccuia

Vanderbilt Journal of Transnational Law

Cluster munitions have been a significant weapon in the world's arsenals for the last half-century, but their use has drawn sharp criticism for its impact on civilian populations. The weapons function by releasing dozens of small "bomblets" over a wide area. For years the debate over these weapons was focused on whether they violated the norms of international humanitarian law, but the 2008 Convention on Cluster Munitions has altered the discussion, banning the weapons outright. However, the major states that use the weapons, including the United States, have not joined the Convention, and the use of cluster munitions continues. This …


Slavery And The Law In Atlantic Perspective: Jurisdiction, Jurisprudence, And Justice, Rebecca J. Scott Jan 2011

Slavery And The Law In Atlantic Perspective: Jurisdiction, Jurisprudence, And Justice, Rebecca J. Scott

Articles

The four articles in this special issue experiment with an innovative set of questions and a variety of methods in order to push the analysis of slavery and the law into new territory. Their scope is broadly Atlantic, encompassing Suriname and Saint-Domingue/Haiti, New York and New Orleans, port cities and coffee plantations. Each essay deals with named individuals in complex circumstances, conveying their predicaments as fine-grained microhistories rather than as shocking anecdotes. Each author, moreover, demonstrates that the moments when law engaged slavery not only reflected but also influenced larger dynamics of sovereignty and jurisprudence.


A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan Jan 2011

A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan

Cardozo Journal of Conflict Resolution

This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …


Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain Jan 2011

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Publications

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …


Two Sides Of The Combatant Coin: Untangling Direct Participation In Hostilities From Belligerent Status In Non-International Armed Conflicts, Geoffrey S. Corn, Chris Jenks Jan 2011

Two Sides Of The Combatant Coin: Untangling Direct Participation In Hostilities From Belligerent Status In Non-International Armed Conflicts, Geoffrey S. Corn, Chris Jenks

Faculty Journal Articles and Book Chapters

Determining who qualifies as a lawful object of attack in contemporary military operations against non-state belligerents is an increasingly demanding challenge. While it is axiomatic that only persons who qualify as either belligerents or civilians taking a direct part in hostilities fall into this category, the nature, and indeed goal, of counter-insurgencies blurs the line between civilians protected from deliberate attack and belligerents subject to attack. The difficulty in distinguishing the protected (civilians) from the unprotected (belligerents and civilians taking a direct part in hostilities) does not, however, warrant a fundamentally different targeting paradigm in counterinsurgency operations (a non-international armed …


The Law Of War In The War Against Terrorism, Michael A. Newton Jan 2011

The Law Of War In The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of warfare. Shaping the expectations and perceptions of the political elites who control the contours of the conflict is perhaps equally vital. The paradox is that as the legal regime applicable to the conduct of hostilities has matured over the last century, the legal dimension of conflict has at times overshadowed the armed struggle between adversaries. As a result, the overall military mission will often be …


Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey Jan 2011

Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey

Publications

This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed dismay …


Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said Jan 2011

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

Publications

No abstract provided.


Consent To Retaliation: A Civil Recourse Theory Of Contractual Liability, Nathan B. Oman Jan 2011

Consent To Retaliation: A Civil Recourse Theory Of Contractual Liability, Nathan B. Oman

Faculty Publications

In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: “If I breach this contract, let it be done to me as we are doing to the goat.” This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise making, or by the need to create optimal incentives in contractual performance. In contrast, this Article argues for the simpler, rawer claim that contractual liability consists of consent to retaliation in the …


Keep America Exceptional! Against Adopting Japanese And European-Style Criminalization Of Contributory Copyright Infringement, Salil K. Mehra Jan 2011

Keep America Exceptional! Against Adopting Japanese And European-Style Criminalization Of Contributory Copyright Infringement, Salil K. Mehra

Vanderbilt Journal of Entertainment & Technology Law

This brief Article, written in connection with a Symposium hosted by the Vanderbilt Journal of Entertainment and Technology Law, addresses nascent criminal enforcement against contributory copyright infringement in connection with P2P file sharing. Using Judge Posner's analysis in the Aimster case as a lens, it discusses recent cases in Japan and Sweden. This Article contends that criminalization involves an inherent uncertainty involving an innovator's knowledge of, and intent for, the future uses of the platform by others. Despite the difficulty of this task, since Japan and the E.U. have seen criminal prosecutions brought against contributory infringers, it should not evoke …


Latcrit Xv Symposium Afterword, Steven W. Bender, Francisco Valdes Jan 2011

Latcrit Xv Symposium Afterword, Steven W. Bender, Francisco Valdes

Faculty Articles

In this afterword, the authors begin to sketch the kind of future that they imagine. This afterword starts with an overview account of the first fifteen years of LatCrit theory, community, and praxis. Then turns to a handful of highlights regarding current or new programmatic initiatives that LatCrit scholars have recently launched or plan imminently to launch-a quick survey intended to connect the past with the present before turning to the future. In the concluding part of this afterword, the authors lay out some of the basic parameters for the LatCritical future that they imagine and that they hope to …


Masculinities And Child Soldiers In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain Jan 2011

Masculinities And Child Soldiers In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain

GW Law Faculty Publications & Other Works

A fairly substantial amount of literature has been generated over the years regarding the forms of masculinity that emerge in times of armed conflict and war. This war-focused literature (which links to, among other things, masculinities studies) has drawn from broader theoretical research identifying an organic link between patriarchy, its contemporary manifestations, and various forms of masculinity as they arise within societies and institutions. It builds on, and extends, the more general scholarship that has deepened our understanding of how masculinities are constructed and differentiated. While the war literature has made significant conceptual and practical use of the term "masculinity" …