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Articles 5881 - 5910 of 13098
Full-Text Articles in Entire DC Network
The Concept Of Special Custom In International Law, Anthony D'Amato
The Concept Of Special Custom In International Law, Anthony D'Amato
Faculty Working Papers
General customary international law contains rules, norms, and principles that seem applicable to any state and not to a particular state or an exclusive grouping of states. For example, norms relating to the high seas, to airspace and outer space, to diplomatic immunities, to the rules of warfare, and so forth, apply equally to all states having occasion to be concerned with these areas. Similarly, the facts of a given case may suggest exclusively the application of general custom—such as cases concerning collision on the high seas between ships of different countries, cases involving general principles of international law, cases …
American Professional Sports Is A Doper's Paradise: It's Time We Make A Change, Daniel Gandert, Fabian Ronisky
American Professional Sports Is A Doper's Paradise: It's Time We Make A Change, Daniel Gandert, Fabian Ronisky
North Dakota Law Review
No abstract provided.
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher
Richmond Journal of Law and the Public Interest
To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …
Bridging Accountability Gaps—The Proliferation Of Private Military And Security Companies And Ensuring Accountability For Human Rights Violations, Amol Mehra
Global Business & Development Law Journal
No abstract provided.
Land Seizures In The People's Republic Of China: Protecting Property While Encouraging Economic Development, Jarrett Noble
Land Seizures In The People's Republic Of China: Protecting Property While Encouraging Economic Development, Jarrett Noble
Global Business & Development Law Journal
No abstract provided.
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald D. Rotunda
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald D. Rotunda
Loyola University Chicago Law Journal
No abstract provided.
Archives & Records In Armed Conflict: International Law And The Current Debate Over Iraqi Records And Archives, Douglas Cox
Archives & Records In Armed Conflict: International Law And The Current Debate Over Iraqi Records And Archives, Douglas Cox
Publications and Research
No abstract provided.
The Principled Case For Employing Private Military And Security Companies In Humanitarian Interventions And Peacekeeping, Deane-Peter Baker, James Pattison
The Principled Case For Employing Private Military And Security Companies In Humanitarian Interventions And Peacekeeping, Deane-Peter Baker, James Pattison
Human Rights & Human Welfare
The possibility of using private military and security companies to bolster the capacity to undertake humanitarian intervention has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this paper considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? In particular, given a state’s duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers …
Self-Defense Targetings Of Non-State Actors And Permissibility Of U.S. Use Of Drones In Pakistan, Jordan J. Paust
Self-Defense Targetings Of Non-State Actors And Permissibility Of U.S. Use Of Drones In Pakistan, Jordan J. Paust
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Dilemma Of Direct Participation In Hostilities, Eric Christensen
The Dilemma Of Direct Participation In Hostilities, Eric Christensen
Florida State University Journal of Transnational Law & Policy
A universal and comprehensive definition of direct participation in hostilities (DPH) does not exist. Furthermore, modern warfare's tendency to blur the distinction between combatant and civilian necessitates a new interpretation of DPH. However, States have incentives to pursue narrow or broad interpretations of DPH, or even both. These contradictory strategies create a dilemma for policymakers who seek to reinterpret the concept of DPH. Any revision is likely to put some group of individuals at risk; there is not a simple answer to the question of how to best revise DPH. Instead, a dramatic revision of DPH is needed. This Essay …
Responses To The Ten Questions, Wayne Mccormack
Responses To The Ten Questions, Wayne Mccormack
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Gregory S. Mcneal
Responses To The Ten Questions, Gregory S. Mcneal
William Mitchell Law Review
No abstract provided.
Cyberwar Policy, 27 J. Marshall J. Computer & Info. L. 303 (2010), Matthew Borton, Samuel Liles, Sydney Liles
Cyberwar Policy, 27 J. Marshall J. Computer & Info. L. 303 (2010), Matthew Borton, Samuel Liles, Sydney Liles
UIC John Marshall Journal of Information Technology & Privacy Law
Cyberwarfare is a very real threat to the security of the nation. Yet there is confusion and disagreement as to which government body is most appropriate to assume the cyberwar mission. The Strategy to Secure Cyberspace treats the threat primarily as a criminal issue, and assigns responsibility to the Department of Homeland Security. The National Defense Strategy implies that cyberwarfare is a military issue. Both documents may be correct, depending on the case. The cyberspace terrain transcends boundaries, quickly blurring the line between civil or criminal action and an act of war, leaving the government with the issue of assigning …
The Agony Of War And A World Without Law, Josh Zetlin
The Agony Of War And A World Without Law, Josh Zetlin
UC Law SF Communications and Entertainment Journal
This note analyzes Lewis Milestone's classic film A//.Quiet on the Western Front in order to illustrate the importance of law in society. Philosophers and legal theorists have pondered endlessly on the importance of law and the roles it serves. Building upon the concepts such as the "social contract," the creators of our legal system carved out particular areas of laws to satisfy specific societal wants and needs. Milestone's war epic reveals how war destroys these legal institutions. The chaos of war and unaccountability for immoral acts shatters the foundation of law, bringing great suffering to the characters in the film. …
Balancing Canada - United States Security And Economic Competitiveness: The Great Lakes And St. Lawrence River, Douglas Mccreery, John E. Crowley Jr.
Balancing Canada - United States Security And Economic Competitiveness: The Great Lakes And St. Lawrence River, Douglas Mccreery, John E. Crowley Jr.
Canada-United States Law Journal
No abstract provided.
From Pariah To Partner-Russian-American Security Cooperation In The Artic Ocean, Dr. James Kraska
From Pariah To Partner-Russian-American Security Cooperation In The Artic Ocean, Dr. James Kraska
ILSA Journal of International & Comparative Law
The Obama administration seeks to push the "reset" button on Washington-Moscow relations.
The Thickest Grey: Assessing The Status Of The Civilian Response Corps Under The Law Of International Armed Conflict And The U.S. Approach To Targeting Civilians, Dan E. Stigall
American University International Law Review
No abstract provided.
None To Be Trusted: Israel's Use Of Cluster Munitions In The Second Lebanon War And The Case For The Convention On Cluster Munitions , Eitan Barak
American University International Law Review
Israel's extensive use of the Cluster Munitions in the 2006 Lebanon War provided a major impetus for drafting the 2008 Convention on Cluster Munitions (CCM). Israel, blamed for severe humanitarian post-conflict harm to civilians in South Lebanon, simultaneously faced an extensive diplomatic entanglement with the U.S. based on suspicions that Israel had violated U.S. legislation as well as a classified bilateral end-use agreement specifying the conditions of use of U.S.-made CMs. Relying on numerous sources, especially the recent declassified (June 2008) IDF's Military Advocate General's legal opinion into whether Israel's CM use complied with International Humanitarian Law (IHL) and the …
Is Gaza Occupied?: Redefining The Status Of Gaza Under International Law, Elizabeth Samson
Is Gaza Occupied?: Redefining The Status Of Gaza Under International Law, Elizabeth Samson
American University International Law Review
No abstract provided.
Luck Of The Irish: Will The Casinos Tranform From Gaelic Grey To Gaelic Green $$, William N. Thompson
Luck Of The Irish: Will The Casinos Tranform From Gaelic Grey To Gaelic Green $$, William N. Thompson
UNLV Gaming Law Journal
As the first decade of the twenty-first century evolved, Ireland was one of only two countries in the European Union that did not have legal, regulated casinos. The Irish Gaming and Lotteries Act of 1956 does not prohibit games with equal chances. Moreover, games can be conducted lawfully, according to the Act, if promoters assess minor seat charges to players, and “the promoter derives no personal profit from the promotion of the game.” Additionally, Part III of the 1956 law indicates that amusement centers can have slot machines that award small prizes. The Act also includes provisions for private lotteries, …
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
Redistribution In The Private Retirement System: Who Wins And Who Loses?, Regina T. Jefferson
Redistribution In The Private Retirement System: Who Wins And Who Loses?, Regina T. Jefferson
Scholarly Articles
No abstract provided.
Way To A Safe, Secure & (And) Efficient Canada - United States Border, Dan Ujczo, Richard Gordon, Stephen E. Flynn
Way To A Safe, Secure & (And) Efficient Canada - United States Border, Dan Ujczo, Richard Gordon, Stephen E. Flynn
Canada-United States Law Journal
No abstract provided.
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose
Santa Clara Journal of International Law
No abstract provided.
Semiotic Definition Of Lawfare, Susan W. Tiefenbrun
Semiotic Definition Of Lawfare, Susan W. Tiefenbrun
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare: A War Worth Fighting, Paul R. Williams Dr.
Lawfare: A War Worth Fighting, Paul R. Williams Dr.
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt
Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt
Case Western Reserve Journal of International Law
No abstract provided.
Vx In Tx: Chemical Weapons Incineration And Environmental Injustice In Port Arthur, Texas, Victoria R. Danta
Vx In Tx: Chemical Weapons Incineration And Environmental Injustice In Port Arthur, Texas, Victoria R. Danta
Fordham Environmental Law Review
No abstract provided.
U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis
U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen
Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen
Case Western Reserve Journal of International Law
This is the report of the Cleveland Experts Meeting.