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Incarcerating Indigenous People Of The Wongatha Lands In The Eastern Goldfields Of Western Australia : Indigenous Leaders’ Perspectives, Stephen J. Bedells

Theses: Doctorates and Masters

The Wongi

people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their …

Getting To Yes In A Plra World, Elizabeth Alexander

Pace Law Review

No abstract provided.

Constitutional Interpretation Through A Global Lens, Rex D. Glensy

Missouri Law Review

This Article seeks to clarify the current debate concerning the use of non-U.S. persuasive authority within the context of constitutional interpretation. It begins by noting that commentary on comparative constitutional law often fails to make any distinction between foreign domestic sources and international law used comparatively, and thus risks evoking parallels between different systems of law that lack context and plausibility. It then draws on various normative theories and underpinnings of both domestic and international legal regimes to show that a proper comparative enterprise must take this distinction into account. The Article concludes by explaining that only when those policy …

The Limits Of Constitutional Convergence, Eric A. Posner, Rosalind Dixon

Public Law and Legal Theory Working Papers

Globalization, some legal scholars suggest, is a force that makes increasing convergence among different countries' constitutions more or less inevitable. This Essay explores this hypothesis by analyzing both the logic – and potential limits – to four different mechanisms of constitutional convergence: first, changes in global “superstructure”; second, comparative learning; third, international coercion; and fourth, global competition. For each mechanism, it shows, quite special conditions will in fact be required before global convergence is likely even at the level of legal policy. At a constitutional level, it further suggests, it will be even rarer for these mechanisms to create wholesale …

Kicking "Single-Entity" To The Sidelines: Reevaluating The Competitive Reality Of Major League Soccer After American Needle And The 2010 Collective Bargaining Agreement, Matthew J. Jakobsze

Northern Illinois University Law Review

The negotiation of the 2010 Collective Bargaining Agreement brought tense times for professional soccer in the United States. The Major League Soccer Players’ Union sought free agency as a part of the 2010 CBA, a term that would have brought considerable relief from the restrictions imposed through Major League Soccer’s centralized contracting system. In a steadfast effort to retain control, minimize labor costs, and avoid antitrust liability, Major League Soccer refused to yield to the players’ demands. As a result, the parties reached impasse. Devoid of decertification as an option to expose the teams to antitrust scrutiny, the players threatened …

Changing The Sentence Without Hiding The Truth: Judicial Sentence Modification As A Promising Method Of Early Release, Cecelia Klingele

William & Mary Law Review

Last year, as the State of California struggled with a $42 billion budget deficit, its financial inability to correct constitutionally deficient prison conditions led a federal court to order the release of 40,000 state prisoners. In Oregon, Michigan, Connecticut, Vermont, and Delaware, spending on corrections now exceeds spending on higher education. Across the nation, more than one of every one hundred Americans is behind bars. When the financial crisis of 2008 dealt its blow, state correctional budgets were already nearing a breaking point. Now, in the wake of unprecedented budget shortfalls, state governments have been forced to confront a difficult …

Reconceptualizing Aggression, Michael Anderson

Duke Law Journal

No abstract provided.

From Religious Freedom To Moral Freedom, Michael J. Perry

San Diego Law Review

The right to moral freedom is not only analogous to the right to religious freedom. The right to moral freedom, as I explain in this essay, represents a broadening of the right to religious freedom - a broadening that for many of us is compelling.

Vol. 39, No. 08 (October 25, 2010)

Indiana Law Annotated

No abstract provided.

2010-2011 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf

Cornell International Law Journal

Growing out of the author's experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 2008, this article examines the concept of "Grotian Moment," a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article argues that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now known as …

Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken

Independent Study Project (ISP) Collection

This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …

The United States Cyber Command: International Restrictions Vs. Manifest Destiny, Tod Leaven, Christopher Dodge

North Carolina Journal of Law & Technology

No abstract provided.

Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik

University of Miami Law Review

No abstract provided.

The Espionage Act And Today's High-Tech Terrorist, Jamie L. Hester

North Carolina Journal of Law & Technology

No abstract provided.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

On The Possibilities Of And For Persistent Objection, Dino Kritsiotis

Duke Journal of Comparative & International Law

No abstract provided.

Illustrating Illegitimate Lawfare, Michael A. Newton

Vanderbilt Law School Faculty Publications

Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide practitioners. Clearly addressing the terminological imprecision in current understandings of lawfare, this essay is intended to help prevent further erosion of the corpus of jus in bello. Words matter, particularly when they are charged with legal significance and purport to convey legal rights and obligations. When purported legal “developments” actually undermine respect for the application and enforcement of humanitarian law, they are illegitimate. Although the laws and …

Terrorism Law Report, 2010 Fall, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.

Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov

Journal of Strategic Security

This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts …

Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)

Journal of Strategic Security

No abstract provided.

Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist

Journal of Strategic Security

As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …

The Limits Of Presidential Recess Appointment Power, Michael Mcnerney

Legislation and Policy Brief

The purpose of this article is to examine the constitutional, legislative, and traditional authority of the President to make recess appointments. The second section discusses the background of the current debate by framing the issue in the context of recent controversial appointments. The third section examines the constitutional language and common law interpretation of the President’s authority. The fourth section looks at appointment power legislation passed by Congress. The fifth section provides parliamentary and legislative recommendations for Congress to act upon to keep its authority. The article concludes by providing a final examination of the reason for a limited presidential …

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

Faculty Scholarship

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." This "male-female" construct suggests that there is an essential dichotomy between the two genders with respect to resolving disputes that is reflected in the legal system, and that this male-female dichotomy is harmful to all participants and perhaps to justice itself.

This article expands upon this literature by arguing that many of the dysfunctional characteristics of the American legal system labeled "male" in …

Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung

Law Faculty Advocacy

No abstract provided.

‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Faculty Publications

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …

Just War In International Law: An Argument For A Deontological Approach To Humanitarian Law, Ryan Dreveskracht

Buffalo Human Rights Law Review

No abstract provided.

Reevaluating Self-Determination In A Post-Colonial World, Joshua Dilk

Buffalo Human Rights Law Review

No abstract provided.