Digital Commons Network^™

The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.

Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves

Case Western Reserve Journal of International Law

No abstract provided.

The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.

Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this article, we offer our own theory-based methodology for teaching interprofessional collaboration to law students and we present our preliminary data on its effectiveness. Part I explicates the definition and development of interdisciplinary collaboration. Part II describes how we have grounded our course in current theory, and Part III explains the extent to which our efforts have been successful. Finally, in Part IV, we offer additional thoughts regarding the teaching of interdisciplinary collaboration and pose questions and ideas for future data collection.

The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner

Faculty Scholarship

No abstract provided.

Fighting Firearms With Fire In The Oas: A Critical Evaluation Of The Inter-American Convention Against The Manufacturing Of And Trafficking In Firearms, Ammunition, And Other Related Materials , Kierstan Lee Carlson

American University International Law Review

No abstract provided.

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan

UC Law SF International Law Review

Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …

Taxing Civil Rights Gains, Anthony C. Infanti

Michigan Journal of Gender & Law

This Article is divided into four parts. In Part I, the nature of the levy that the DOMAs impose on same-sex couples is explained. In Part II, how this levy can be classified as a "tax" is explained. In Part III, the federal- and state-level ramifications of classifying the levy that the DOMAs impose as a "tax" are discussed. Finally, brief concluding remarks are provided that discuss how this Article might pave the way for making similar arguments with respect to other nontraditional families and, concomitantly, how it demonstrates the transformative potential of same-sex marriage.

Mediating Post-Conflict Dialogue: The Media's Role In Transitional Justice Processes, Lisa J. Laplante, Kelly Phenicie

Marquette Law Review

For many post-conflict countries like Peru, the end of gunfire does not necessarily imply an end to internal conflict. Remaining post-conflict societal friction may even be as threatening to long-lasting peace as the war itself. This situation may be attributed, in part, to the media’s failure to adequately mediate conflicting views of a country’s history—its causes and consequences, its villains and heroes. Certainly, newspapers, radio, and television, as well as the newly emerging micromedia (e.g., e-mail) and middle media (e.g., web logs or “blogs”), reach huge audiences on a daily basis before, during, or after conflict. As primary information sources …

A Delicate Balance Of Life Tenure And Independence: Conditional Resignations From The Federal Bench, Allison A. Luczak

Marquette Law Review

Judicial selection, including judicial resignations, nominations, and confirmations, is comprised of a patchwork of traditions, rules, and constitutional provisions. The Constitution does not explicitly detail a formalized process at any stage of the appointments process, but checks and balances have organically developed and changed over time as the process has become more politicized. The question becomes, then, whether conditional resignations comport with this system or the Framers’ intent. At the Supreme Court level, conditional resignations are rare. Only a handful of conditional resignations have ever been submitted. At the court of appeals and district court levels, it is unclear how …

Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap Jr.

Faculty Scholarship

Has the early part of the twenty-first century shown the most dramatic revolution in the role of law in armed conflict in history? Evidence suggests that it has. Today, for example, allegations about civilian casualties often dominate our discussions about strategy in irregular war, itself a phenomenon that, according to the National Defense Strategy, will preoccupy our military services for years to come. Indeed, as will be discussed below in more detail, adherence to law in armed conflict fact and perception is increasingly a central, if not defining, concern of field commanders, as well as military and civilian leaders at …

National Security And The Article Ii Shell Game, Heidi Kitrosser

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Arbitrary Arrest And Detention Of Human Rights Defenders In Iran: Subduing The Voices Demanding Rights, Sachchi Karki

Human Rights & Human Welfare

Arbitrary arrest and detention, oftentimes used to curtail the freedom of opinion and expression, as well as the right to association and peaceful assembly, has continued to characterize Iranian regimes since the 1979 Islamic Revolution. Such arrest and detention of human rights defenders (HRD)–who individually or with others act to protect and promote human rights—has demonstrated the repressive nature of the Iranian regime. Human rights lawyers, civil society representatives, journalists, and women’s rights movements and trade union activists are among the most commonly targeted HRD.

Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott

Faculty Articles

In President Obama’s first year in office, he failed in combating al-Qa’eda, the Taliban, and associated forces. President Obama wished to change the perception on the ‘War on Terror’ established by the Bush Administration, but instead created more confusion and frustration in an attempt to change old policies.

Most notably, President Obama refused to irrevocably and sternly tell the American public that the conflict with al-Qa’eda was indeed a war. The Bush Administration’s first action taken after 9/11 was the pronouncement that the United States was at war. President Obama instead referred to the conflict as an “overseas contingency operation.” …

Through The Russian Looking Glass: The Development Of A Russian Rule Of Law And Democracy, Witney Cale

Loyola University Chicago International Law Review

No abstract provided.

Marten Zwanenburg On Killer Robots: Legality And Ethicality Of Autonomous Weapons. By Armin Krishnan. Farnham: Ashgate, 2009. 240pp., Marten Zwanenburg

Human Rights & Human Welfare

A review of:

Killer Robots: Legality and Ethicality of Autonomous Weapons. By Armin Krishnan. Farnham: Ashgate, 2009. 240pp.

Beyond The Brink: Somalia’S Health Crisis, Bryson Brown

Human Rights & Human Welfare

Somalia is approaching a daunting anniversary: in 2011, the country will begin its twentieth consecutive year without an effective centralized government. The fall of the Soviet supported Siad Barre government in 1991 created a power vacuum that was filled by warlords, clans and, most recently, Islamists. Fourteen interim governments have failed to supplant those forces. Health infrastructure and the general health of the population have been devastated as a result. Precious few organizations are still providing health-related services. Unfortunately, recent events suggest that this crisis is going to get worse before it gets better.

Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves

Faculty Scholarship

The lawfare critique offers a provocative challenge to the use of law and legal process in the context of the Arab-Israeli conflict. It has been used to question the legitimacy of numerous lawsuits filed by individuals harmed in the conflict. The lawfare critique is misguided, however, because it fails to recognize that the purpose of any legal system is to offer a viable alternative to the use of force. In addition, the lawfare critique runs counter to the right to a remedy, a firmly established principle of international law. Legal fora should remain accessible to victims, who should have the …

The Ethics Of Letting Civilians Die In Afghanistan: The False Dichotomy Between Hobbesian And Kantian Rescue Paradigms, 59 Depaul L. Rev. 899 (2010), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

International Advocate For Peace Award Acceptance Speech, Stuart E. Eizenstat

Cardozo Journal of Conflict Resolution

I feel very much at home here because I was here three or four year ago at a symposium at the law school-a panel with Adam Durshowitz and Erwin Cogler, who was then Administer of Justice of Canada, and others. I have also received an honorary doctorate from Yeshiva University, and I feel very much at home here. I just met Dean Dillard and Professor Love, but I have some longtime friends here: Professor Weisberg, who I will talk about in a moment, is one of the heroes of this whole episode; Eric Pan, your professor of Commercial and International …

Fiduciaries With Conflicting Obligations, Steven L. Schwarcz

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Stop Tax Haven Abuse Act: A Unilateral Solution To A Multilateral Problem, Anthony D. Todero

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Bush And Obama Fight Terrorists Outside Justice Jackson's Twilight Zone, Afsheen John Rasdan

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

National Security And The Article Ii Shell Game, Heidi Kitrosser

Articles

This essay considers the important but under-explored link between politics and constitutional interpretation in the realm of national security. The school of constitutional interpretation at which it looks is “presidential exclusivity,” which has gone from relative obscurity to prominence in the political branches and in public debate over the past several decades. Exclusivists deem the President to have substantial discretion under Article II of the Constitution to override statutory limits that he believes interfere with his ability to protect national security. The first question that this essay takes up is why exclusivity has come so far over the past several …

Introduction, John Shuford

Journal of Hate Studies

T

he Institute for Hate Studies at Gonzaga University is pleased to offer Volume 8 of the Journal of Hate Studies, the theme of which is “The Other Among Us.” It is a timely topic, no doubt, as nativism, racism, and extrem- ism boil over in America’s immigration debate. This volume considers those issues as well as a wider range of perspectives on engagement and disengagement with “the other” in our society, culture, and lives.

Imbedded in this volume’s theme are myriad questions. Who is the “other” among us, and what does it mean to be an “other” or to …

Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct, Celia Rumann

UC Law SF Journal on Gender and Justice

In the years following the Abu Ghraib scandal, it has become apparent that Lynndie England was punished for the crime of providing the world with photographic evidence of a government policy of using sexuality as a weapon of war. Ms. England's actions were not, as has been asserted, borne of whole cloth out of the sexually deviant minds of young soldiers bent on exploiting prisoners for their own amusement. Rather, they embodied the arguably extreme end of the systematic work of the United States government to engage in sexually deviant exploitation of prisoners purportedly for the collective safety and well-being …

The Torture Lawyers, Michael P. Scharf

Faculty Publications

This article recounts the story about how these four individuals intentionally cut off the government's primary experts on the Geneva Conventions, the Torture Convention, and customary international law from the decision making process. In doing so, they presented a one-sided and distorted view of U.S. obligations under international law that led to a widespread government policy and practice of torture. It also reveals how a trio of important Supreme Court precedents disrupted these plans, and ultimately swung the balance back in favor of compliance with international law.

Essay: Inside Guantanamo, Peter Jan Honigsberg

Nevada Law Journal

In May 2007 I visited Guantanamo Bay, Cuba. What I saw and experienced then are fading away and will soon disappear, now that two-thirds of the nearly 800 detainees have been released and President Obama will close the detention centers within the year. Consequently, this essay provides a historical account of one person's media visit to Guantanamo, when it was a fully-operational prison violating human rights, due process and international law.

The essay describes not only the visit but also the application process - a bizarre experience. The military's application concluded with two quotes from the New Testament and included …

Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook

Nevada Law Journal

Few phrases in American jurisprudence have created more of a stir or inspired greater controversy than the seventeen words that comprise the due process clause of the Fourteenth Amendment. Drafted by the Reconstruction Congress in the aftermath of the Civil War, these words have been used to strike down maximum-hours legislation, permit the instruction of foreign languages in schools, and even establish the right of minors to purchase contraceptives. In light of its linguistic incongruity and the versatility of its judicial precedents, one could fairly state that the meaning of the Fourteenth Amendment's due process clause has been the subject …

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Nevada Law Journal

There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure of critical …