Digital Commons Network^™

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Cardozo Law Review

In the aftermath of the terrorist attacks of September 11, 2001, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just "politics" and does not render a "compliance pull" on State decision-makers. Critics have pointed out that Goldsmith and Posner's identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers' responses to …

The Tipping Point: Biological Terrorism, Scott Cary

Journal of Strategic Security

This article presents a strategic, operational, and tactical analysis of information currently available on the state of bio-weapons development by non-state actors, primarily Islamist jihadists. It discusses the evidence supporting a practical assessment that non-state actors have begun to acquire, and in the near-term intend to employ, bio-weapons. A pathogen and method of attack specifically designed to achieve the strategic goals of jihadists are presented as functional examples of the problem of the emerging global bio-weapons threat.Is a terrorist attack utilizing biological weapons a real threat? If so, is there a way to predict the circumstances under which it might …

Book Reviews, J. Kelly Stewart, Mark J. Roberts, Jeffery Ahn, Lloyd H. Hoffman, Donald J. Goldstein

Journal of Strategic Security

The Accidental Guerilla: Fighting Small Wars in the Midst of a Big One. By David Kilcullen.

Aviation and Airport Security: Terrorism and Safety Concerns. By Kathleen M. Sweet.

Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed? By David Bonner.

Spycraft: The Secret History of the CIA's Spy techs from Communism to Al-Qaeda. By Robert Wallace and H. Keith Melton, with Henry Robert Schlesinger.

Troublesome Young Men: The Rebels who brought Churchill to Power and Saved England. By Lynne Olson.

Deference To Clients And Obedience To Law: The Ethics Of The Torture Lawyers (A Response To Professor Hatfield), W. Bradley Wendel

NULR Online

In the early months of the Obama administration, we are learning a great deal more about the previous administration’s program of using “enhanced interrogation techniques” on alleged al-Qaeda detainees. On April 16, 2009, the new administration released to the public several memos, prepared by lawyers at the Office of Legal Counsel (“OLC”) in the administration of George W. Bush, dealing with certain legal aspects of whether detainees in U.S. custody could lawfully be subjected to torture. I and many others have criticized the quality of legal reasoning in previously disclosed memos, and it is now conventional wisdom that something went …

Reaching Back To Move Forward: Using Adverse Possession To Resolve Land Conflicts In Timor-Leste, Charlotte C. Williams

Washington International Law Journal

Like many post-conflict countries, Timor-Leste grapples with land conflicts that resulted from successive waves of property dispossession. Colonized by the Portuguese, invaded and occupied by the Indonesians, and briefly administered by the United Nations, Timor-Leste’s history has produced disjointed patterns of land tenure. These land tenure systems have given rise to five separate categories of land claimants, each of whom often have conflicting interests in property. While the newly independent country has taken steps to resolve conflicting land claims through legislation, existing law does not address the longstanding tensions underlying these conflicts, making it difficult for the courts to reach …

Terrorism And Afghanistan, Yoram Dinstein

International Law Studies

No abstract provided.

Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy

International Law Studies

No abstract provided.

The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy

International Law Studies

No abstract provided.

Afghanistan And The Nature Of Conflict, Charles Garraway

International Law Studies

No abstract provided.

Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn

International Law Studies

No abstract provided.

Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis

International Law Studies

No abstract provided.

Combatants, W. Hays Park

International Law Studies

No abstract provided.

The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman

International Law Studies

No abstract provided.

Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda

International Law Studies

No abstract provided.

Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt

International Law Studies

No abstract provided.

Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin

International Law Studies

No abstract provided.

Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper

International Law Studies

No abstract provided.

Afghanistan And International Security, Adam Roberts

International Law Studies

No abstract provided.

Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns

International Law Studies

No abstract provided.

Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman

International Law Studies

No abstract provided.

Introduction (Volume 85)

International Law Studies

No abstract provided.

State Sovereignity In Airspace, Priyatna Abdurrasyid

Indonesian Journal of International Law

This article concentrates on the overall development of the historical air sovereignty concept since the time of Socrates/Plato, Ptolemius, Copernicus, Galilei-Galileo, Einstein and Stephen Hawkings. In 1994, finally, this air sovereignty concept was strongly embedded in Article 1 of the Chicago Convention 1944, after being analyzed/regulated at the Diplomatic Conference and the Paris Convention 1919.

Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey

Contributions to Books

Published as Chapter 12 in Gender Equality: Dimensions of Women's Equal Citizenship, Linda C. McClain & Joanna L. Grossman, eds.

This chapter links the failure of U.S. social citizenship ideals to a broader weakness in U.S. ideas citizenship. To better advance policies of economic equality, U.S. law and politics needs a stronger vision not just of economic equality, but of gender equality and of democracy in general. Feminist scholars have analyzed how ideas about gender help shape the common assumption that the costs of raising and sustaining capable, productive citizens are largely private family responsibilities. But ideas about gender also …

Animal, Vegetable, Mineral—Wind? The Severed Wind Power Rights Conundrum, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

U.S. wind power capacity increased fifty percent in 2008, making wind one of the fastest growing energy sources. Wind has several advantages over conventional energy fuels: it is renewable, does not emit pollutants, and does not require scarce water resources to process the raw product or to generate electricity. Yet wind power’s rapid growth is creating its own crisis. Thousands of landowners across the country have severed their “wind rights,” splitting wind ownership apart from surface ownership. However, wind power development requires extensive, and perpetual, surface disturbance. As surface owners are the parties most impacted, taking them out of the …

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

Federalism And Kelo: A Question For Richard Epstein, Robert C. Ellickson

Tulsa Law Review

No abstract provided.

Free Speech And National Security, Geoffrey R. Stone

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

Protecting Cultural Heritage In Armed Conflict: Looking Back, Looking Forward, Patty Gerstenblith

Cardozo Public Law, Policy & Ethics Journal

The article argues that the destruction and looting of cultural property during armed conflicts, as exemplified by the 2003 Gulf War and its aftermath, highlight the urgent need for stronger enforcement of international legal frameworks, particularly the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict. The failure of the United States to ratify this convention undermines global efforts to protect cultural heritage, despite the U.S. military already adhering to some of its principles through other legal frameworks. The article advocates for U.S. ratification of both the 1954 Hague Convention and its protocols to …

When Common Interests Are Not Common: Why The Global Basic Structure Should Be Democratic, Andreas Føllesdal

Indiana Journal of Global Legal Studies

The global constitution-the fundamental international norms and structures that serve constitutional functions-should include mechanisms of democratic contestation and accountability. This central claim of global constitutionalism faces three objections extrapolated from arguments made by Andrew Moravcsik and Giandomenico Majone in debates about the democratic deficit of the European Union (EU): the global constitution only regulates issues of low salience for citizens; democratic control is explicitly counter to the self-binding system that international regulations aim to achieve; and the EU's track record suggests that democratic control at the international level may be unnecessary to ensure congruence between voters' preferences and actual regulations. …

Over Under Or Through: Physicians, Law, And Health Care Reform, William M. Sage

Faculty Scholarship

My purpose in this commentary is twofold. First, I want to offer a few thoughts on why the American medical profession sometimes has a hard time accepting law on its own terms. Second, I want to suggest that even “good law” from the perspective of the medical profession—should it overcome its habits of resistance—may still be bad health policy for the United States.