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Articles 5941 - 5970 of 13098
Full-Text Articles in Entire DC Network
Keeping The American Indian Rancher On The Land: A Socio-Legal Analysis Of The Rise And The Demise Of American Indian Ranching On The Northern Great Plains, Raymond Cross
Faculty Law Review Articles
This article evaluates the phenomenon of Indian ranching from its rise in the late nineteenth century to its potential demise in the early years of the twenty-first century. The article examines the many intertwined factors -- political, economic, cultural, ecological, and spiritual -- that account for Indian ranching's rise, as well as its impending demise. The article asserts that Indian ranching could well have become the Indian-civilizing strategy that helped bridge the vast socioeconomic gulf that existed, and still exists, between the Indian and non-Indian peoples of the northern Great Plains. The article concludes that Indian ranching's impending demise can …
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
Gas Smalls Awful: U.N. Forces, Riot-Control Agents, And The Chemical Weapons Convention, James D. Fry
Gas Smalls Awful: U.N. Forces, Riot-Control Agents, And The Chemical Weapons Convention, James D. Fry
Michigan Journal of International Law
This Article takes a comprehensive look at the use of riot-control agents (RCAs) by U.N. forces and the legal issues that arise as a result. This Article is the first to look at these legal issues from a practical perspective, not merely a theoretical one, because prior publications have questioned what would happen if U.N. forces used these weapons, whereas this Article analyzes forty instances of actual use. This Article is designed to spark debate within the areas of peacekeeping law, collective security law, the responsibility of international organizations, and arms control law relating to RCAs, and provides compelling legal …
Holding The High Ground: The Operational Calculus Of Torture And Coercive Interrogation, Joseph L. Falvey Jr., Brian D. Eck
Holding The High Ground: The Operational Calculus Of Torture And Coercive Interrogation, Joseph L. Falvey Jr., Brian D. Eck
Campbell Law Review
In Part I of this Article, we first consider some of the strengths and weaknesses of the partially adequate objections. In Part II, we explore torture in light of the biological distinction between pain and suffering and consider the implications of that distinction for our understanding of free will and the fighting spirit. Finally, in Part III, we suggest a more fundamental view of torture that navigates between the Scylla of naive moralizing and the Charybdis of ticking time-bombs. We propose that the debate should focus on torture's effect on our country's moral certainty, on the fighting spirit of our …
The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio
The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio
Law Faculty Articles and Essays
At the end of 2008, Israel launched a three-week military offensive in the Gaza Strip (Operation Cast Lead), during which Israel carried out over 2,360 air strikes and numerous ground assaults over Gaza, causing the death of approximately 1,300 Palestinians, and wounding over 5,000 individuals. The Gaza conflict sparked numerous allegations of war crimes and international humanitarian law violations by both Israel and Hamas. Thus, the Human Rights Council (HRC) appointed a U.N. Fact Finding Mission on the Gaza Conflict (Goldstone Mission) led by prominent international jurist Richard Goldstone. The Goldstone Mission issued the Goldstone Report in September 2009, concluding …
From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon Stump
Law Faculty Articles and Essays
This Note focuses on legal education in the United States and West Virginia in particular. Discussions on race, racism, and American law should take place in every legal classroom where race is relevant to the subject being discussed as a way to bridge gaps between communities. This is especially true for the West Virginia University College of Law ("College of Law"), which sits in the third whitest state in the country. The College of Law is the only law school in the state, and a majority of students at the College of Law are white and West Virginian. Thus, at …
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Plato, The Prince, And Corporate Virtue: Philosophical Approaches To Corporate Social Responsibility, Colin P. Marks, Paul S. Miller
Plato, The Prince, And Corporate Virtue: Philosophical Approaches To Corporate Social Responsibility, Colin P. Marks, Paul S. Miller
Faculty Articles
Corporate Social Responsibility (“CSR”) has been a topic of discussion within corporate law and policy for over 40 years. CSR, in its broadest sense, explores what obligations a corporation should or can undertake to further the goals of society. Business academics have described four social responsibilities that any company has to society: economic, legal, ethical, and philanthropic. The progressive advocates within the legal academic debate surrounding CSR argue that a corporation should seek to do more than just turn a profit; it should seek to make society “better.” However, by seeking to make society “better,” the corporation begins to act …
The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod
The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod
Faculty Articles
Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …
Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa
Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa
Faculty Articles
forthcoming
Decolonization, Development, And Denial, Natsu Taylor Saito
Decolonization, Development, And Denial, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
The Reduction Of Regulatory Uncertainty: Evidence From Transfer Pricing Policy, Andrew B. Whitford
The Reduction Of Regulatory Uncertainty: Evidence From Transfer Pricing Policy, Andrew B. Whitford
Saint Louis University Law Journal
No abstract provided.
Last Stand? The Criminal Responsibility Of War Veterans Returning From Iraq And Afghanistan With Posttraumatic Stress Disorder, Thomas L. Hafemeister, Nicole A. Stockey
Last Stand? The Criminal Responsibility Of War Veterans Returning From Iraq And Afghanistan With Posttraumatic Stress Disorder, Thomas L. Hafemeister, Nicole A. Stockey
Indiana Law Journal
As more psychologically scarred troops return from combat in Iraq and Afghanistan, society's focus on and concern for these troops and their psychological disorders has increased With this increase and with associated studies confirming the validity of the Posttraumatic Stress Disorder (PTSD) diagnosis and the genuine impact of PTSD on the behavior of war veterans, greater weight may be given to the premise that PTSD is a mental disorder that provides grounds for a "mental status defense, " such as insanity, a lack of mens rea, or self-defense. Although considerable impediments remain, given the current political climate, Iraq and Afghanistan …
Wired For War: The Robotics Revolution And Conflict In The Twenty-First Century, Frank Rosenblatt
Wired For War: The Robotics Revolution And Conflict In The Twenty-First Century, Frank Rosenblatt
Journal Articles
Pity the librarian who receives a copy of P.W. Singer's Wired for War and must decide where to put it. Since the book wrestles with the changing nature of warfare, it could fit in with other books on war and military affairs. It may also belong in the science fiction section, since it is largely a tribute to the vision of science fiction writers such as Isaac Asimov. Perhaps Wired for War should go alongside works by other futurist thinkers such as George Orwell and Freeman Dyson. Is it really an ethics book? A science text? Strong arguments could be …
Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio
Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio
Law Faculty Articles and Essays
This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. Piracy resembles terrorism in many aspects, on both a theoretical and practical level, and reliance on antiterrorist conventions by piracy-fighting countries will provide these countries with greater legal tools to battle pirates within an established international legal framework. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day …
Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor
Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor
UF Law Faculty Publications
Where the murkiness of biopiracy as a general matter leaves little room for legal theory to anchor, the relative clarity of specific instances of biopiracy may provide sufficient factual information from which to develop appropriate legal theories. In particular, the way biopiracy has been used to misappropriate the traditional knowledge (TK) of the Shuar Nation of Ecuador suggests that there may be legal theories for which the process of misappropriation may give rise to liability under international law as well as under developments in the domestic laws of the United States and Ecuador. The possible efficacy and legal coherence of …
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens
UF Law Faculty Publications
Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering office, President Obama …
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes
Articles
No abstract provided.
Un Peacekeeping: A Sheep In Wolves Clothing? Review Of Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice, Jeremy I. Levitt
Un Peacekeeping: A Sheep In Wolves Clothing? Review Of Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice, Jeremy I. Levitt
Journal Publications
Scholars and practitioners have been debating the legal and operational aspects of UN military operations since its enforcement actions in North Korea in 1950 and the Congo in 1960 (UN Operation in the Congo [ONUC]). Since then, the UN Security Council (UNSC) has authorized some semblance of enforcement action in Kuwait, Somalia, the former Yugoslavia, Kosovo, East Timor and Albania, and authorized, sanctioned or co-deployed forces in Liberia, Sierra Leone, the Central African Republic, the Democratic Republic of the Congo, Coˆte d’Ivoire and Sudan. The scholarly literature is abundant with analysis of nearly every aspect of peacekeeping and peace enforcement …
Raising The Question Of Whether Out-Of-State Political Contributions May Affect A Small State's Political Autonomy: A Case Study Of The South Dakota Voter Referendum On Abortion, Patrick Garry, Derek A. Nelson, Candice J. Spurlin
Raising The Question Of Whether Out-Of-State Political Contributions May Affect A Small State's Political Autonomy: A Case Study Of The South Dakota Voter Referendum On Abortion, Patrick Garry, Derek A. Nelson, Candice J. Spurlin
Faculty Publications
No abstract provided.
The Sound And Fury Of Carried Interest Reform, Karen C. Burke
The Sound And Fury Of Carried Interest Reform, Karen C. Burke
UF Law Faculty Publications
Of all the proposals advanced in recent years to reform Subchapter K, the part of the Internal Revenue Code governing partnership tax, perhaps none has generated more acrimony and confusion than the pending carried interest legislation contained in proposed § 710. While reformers have framed the issue of taxing the compensatory portion of a service partner's return as ordinary income in terms of distributive justice, critics have been quick to invoke the rhetoric of class warfare to fend off reform. In the most elementary terms, the carried interest legislation would tax some (but not all) of a service partner's share …
Autism, Insurance, And The Idea: Providing A Comprehensive Legal Framework, Colleen D. Holland
Autism, Insurance, And The Idea: Providing A Comprehensive Legal Framework, Colleen D. Holland
Cornell Law Review
No abstract provided.
Continuity And Change In U.S. Nuclear Nonproliferation Policy : A Critical Analysis, Darius Edward Watson
Continuity And Change In U.S. Nuclear Nonproliferation Policy : A Critical Analysis, Darius Edward Watson
Legacy Theses & Dissertations (2009 - 2024)
The study of US nonproliferation policy has traditionally focused on characteristics of the proliferator to explain variations in the preferred US policy outcome: no new nuclear weapons states. Failures in achieving this goal have most often been attributed to the "roguishness" of the proliferating state, its desire for the international prestige normally associated with achieving nuclear weapon status, or intense security concerns which override its desire or ability to adhere to international and US rules governing nuclear proliferation. The argument being forwarded here is that variations within US nonproliferation policy have been the greatest influence on the attainment of US …
Artificial Intelligence: Robots, Avatars And The Demise Of The Human Mediator, David Allen Larson
Artificial Intelligence: Robots, Avatars And The Demise Of The Human Mediator, David Allen Larson
Faculty Scholarship
As technology has advanced, many have wondered whether (or simply when) artificial intelligent devices will replace the humans who perform complex, interactive, interpersonal tasks such as dispute resolution. Has science now progressed to the point that artificial intelligence devices can replace human mediators, arbitrators, dispute resolvers and problem solvers? Can humanoid robots, attractive avatars and other relational agents create the requisite level of trust and elicit the truthful, perhaps intimate or painful, disclosures often necessary to resolve a dispute or solve a problem? This article will explore these questions. Regardless of whether the reader is convinced that the demise of …
From The Desert To The Courtroom: The Uniformed Services Employment And Reemployment Rights Act, Andrew P. Sparks
From The Desert To The Courtroom: The Uniformed Services Employment And Reemployment Rights Act, Andrew P. Sparks
UC Law Journal
American servicemembers are returning from the battlefields of Afghanistan and Iraq to find that the jobs they left behind no longer exist. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is supposed to guarantee that members of the armed services will not suffer adverse employment repercussions on the basis of their military service. Despite USERRA's substantial protections, servicemembers continue to fear that they will lose their jobs upon deployment or face significant reductions in pay and benefits upon returning to work. To qualify for the benefits of the statute, a servicemember must "reapply" for his old position. The Supreme …
Sodom's Shadow: The Uncertain Line Between Public And Private Morality, Todd E. Pettys
Sodom's Shadow: The Uncertain Line Between Public And Private Morality, Todd E. Pettys
UC Law Journal
In citizens' debates about issues of public policy, we frequently encounter what this Article calls the "divine accountability thesis"-the controversial claim that the divine realm will punish a city, state, or nation unless it performs or proscribes certain forms of conduct. Many of us reject that claim, but its persistent usage in numerous societies over the past five thousand years teaches us a great deal about citizens' political selfconceptions. This Article begins by arguing that the divine accountability thesis illustrates human beings' deeply ingrained tendency to regard their political communities as discrete moral entities, individually deserving of punishment or reward. …
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf
Faculty Publications
Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, 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 makes the case 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 …
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii
William Mitchell Law Review
No abstract provided.
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Penrose
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Penrose
Faculty Scholarship
To date, most attempts at prosecuting heads of state have fallen short. At best, such attempts, even the modern attempts stretching from Iraq to Yugoslavia to Sierra Leone, have occurred under less than ideal circumstances, often far, far away from the actual place of alleged crime, or so distant in time to have lost some of its meaning. While academics, international lawyers and human rights advocates all praise the "Pinochet precedent" as paving the way for prosecuting deposed despots and ending the luxurious exiles of former dictators, in the end Pinochet was released from custody and returned home to Chile …
The End Of Al Qaeda? Rethinking The Legal End Of The War On Terror, Adam Klein
The End Of Al Qaeda? Rethinking The Legal End Of The War On Terror, Adam Klein
National Security Law Program
As the war on terrorism approaches its second decade, the open-ended nature of the 2001 Authorization for the Use of Military Force (AUMF) has given rise to the legal question of when, and how, the conflict will end. The indeterminate nature of the conflict has raised fears that the war powers will continue to be exercised indefinitely-a prospect noted with concern by the Supreme Court in Boumediene v. Bush. The prevailing view among legal scholars is that under existing precedents, the AUMF and the concomitant war powers will continue indefinitely in force until the political branches officially declare the …