Digital Commons Network^™

Cyberterrorism: Are We Legally Ready?, Aviv Cohen

Journal of International Business and Law

No abstract provided.

The Weak Protection Of Strong Encryption: Passwords, Privacy, And Fifth Amendment Privilege, Nathan K. Mcgregor

Vanderbilt Journal of Entertainment & Technology Law

While the constitutional protection afforded private papers has waxed and waned for more than a century, the Supreme Court has greatly restricted the Fifth Amendment privilege against self-incrimination--at least as applied to voluntarily prepared documents. Specifically, where the government knows of the existence and location of subpoenaed documents, the Fifth Amendment guarantee will not justify a failure to produce them, unless the act of production would itself incriminate the defendant. However, the Self-Incrimination Clause still precludes the compelled creation of documents that are both incriminating and testimonial.

The "private papers" doctrine has remained relatively stable for approximately thirty years now, …

Toward Internationally Regulated Goods: Controlling The Trade In Small Arms And Light Weapons, Asif Efrat

Cornell Law Faculty Publications

Contrary to the general trend of trade liberalization, specific goods—such as small arms, drugs, and antiquities—have come under increasing international control in recent decades through a set of international regulatory agreements. This article offers a theoretical framework of government preferences on the international regulation of these goods. Departing from conventional models of trade policy, the theoretical framework introduces negative externalities, rather than protection, as the motivation for restricting trade; it also takes moral concerns into account. I test this framework empirically through an original survey of government views on international small-arms regulation. Based on interviewing officials from 118 countries, the …

Good And Bad, I Defined These Terms, Quite Clear No Doubt Somehow: Neuroimaging And Competency To Be Executed After Panetti, Michael L. Perlin

Articles & Chapters

There has been little consideration, in either the caselaw or the scholarly literature, of the potential impact of neuroimaging on cases assessing whether a seriously mentally disabled death row defendant is competent to be executed. The Supreme Court's 2007 decision in Panetti v. Quarterman significantly expanded its jurisprudence by ruling that such a defendant had a constitutional right to make a showing that his mental illness "obstruct[ed] a rational understanding of the State's reason for his execution." This article considers the impact of neuroimaging testimony on post-Panetti competency determination hearings, and looks at multiple questions of admissibility of evidence, adequacy …

Taxing Investment Fund Managers Using A Simplified Mark-To-Market Approach., Samuel Brunson

Faculty Publications & Other Works

No abstract provided.

Connecticut Yankee Speech In Europe's Court: An Alternative Vision Of Constitutional Defamation Law To "New York Times Co. V. Sullivan?, Allen E. Shoenberger

Faculty Publications & Other Works

September Eleventh, A Citizen’S Responses (Continued): Introduction., George Anastaplo

Faculty Publications & Other Works

No abstract provided.

Introduction To The Symposium Issue Sexuality And Gender Law: The Difference A Field Makes, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

For a very long time, issues of sexuality and gender remained outside the boundaries of what was considered important legal scholarship. Indeed, the very presence in the legal academy of the concepts of sexuality and gender was viewed as barely legitimate, certainly not respectable, and, in intellectual terms, at best facetious-or, to let Justice White rest in peace, at best frivolous.

One result of this now dying worldview was a series of categorical exclusions and erasures-exemplified by the exclusion of sexual speech from the First Amendment, the exclusion of nonreproductive kinship networks from the definition of family, the exclusion of …

An Unfortunate "Tail": Reconsidering Risk Management Incentives After The Financial Crisis Of 2007-2009, Douglas O. Edwards

University of Colorado Law Review

In recent months, the legal academic community has taken a greater interest in the practice of risk management. Doubtless a response to the recent financial crisis, many have concluded that our current market structure allows for uninhibited risk taking and the pooling of systemic risk. Accordingly, most have suggested a regulatory response is necessary. This Comment, in unreserved agreement with these writers, attempts to contribute to this literature in two ways. First, this Comment explains the development of quantitative risk management to fill in the gaps in the existing legal research. Though I present nothing groundbreaking, my purpose is to …

Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano

Faculty Publications

Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.

A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis

Washington and Lee Law Review

The definition of torture is broken. The malleability of the term "severe pain or suffering" at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The "V know it when I see it" nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international Law's reliance on self-enforcement is considered After discussing current misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, this …

Keynote Address, Dean Spade

Faculty Articles

This article challenges the traditional methods taken by progressive lawyers and activists. It argues that superficial changes to a marginalizing system simply create “window dressing” that serves to reinforce the status quo. This article is a provocative call to radicalize legal practice, to be critical of all movements, and always question who is being excluded. It highlights that what may appear like making things better may actually be a contribution to the legitimization of the system that one intends to challenge.

Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano

Case Western Reserve Journal of International Law

No abstract provided.

The Curious Career Of Lawfare, Wouter G. Werner

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare Or Strategic Communications?, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare: A Rhetorical Analysis, Tawia Ansah

Case Western Reserve Journal of International Law

No abstract provided.

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Case Western Reserve Journal of International Law

No abstract provided.

On Legal Subterfuge And The So-Called "Lawfare" Debate, Leila Nadya Sadat, Jing Geng

Case Western Reserve Journal of International Law

No abstract provided.

The Dangers Of Lawfare, Scott Horton

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare: Where Justice Meets Peace, James Ogoola Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare And International Tribunals: A Question Of Definition: A Reflection On The Creation Of The "Khmer Rouge Tribunal", Robert Petit

Case Western Reserve Journal of International Law

No abstract provided.

Whose Lawfare Is It, Anyway?, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.

Illustrating Illegitimate Lawfare, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

Finding Facts But Missing The Law: The Goldstone Report, Gaza And Lawfare, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

Gaza, Goldstone, And Lawfare, William A. Schabas

Case Western Reserve Journal of International Law

No abstract provided.

The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare And U.S. National Security, Orde F. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare And The Definition Of Aggression: What The Soviet Union And Russian Federation Can Teach Us, Christi Scott Bartman Dr.

Case Western Reserve Journal of International Law

No abstract provided.

The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel

Case Western Reserve Journal of International Law

No abstract provided.

Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir

Case Western Reserve Journal of International Law

No abstract provided.