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Like A Hole In The Head, Lief H. Carter Feb 2009

Like A Hole In The Head, Lief H. Carter

Schmooze 'tickets'

No abstract provided.

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Proportional To Life, Emma Gilligan Feb 2009

Proportional To Life, Emma Gilligan

Human Rights & Human Welfare

The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.

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Motions 2009 Volume 44 Number 4, University Of San Diego School Of Law Student Bar Association Feb 2009

Motions 2009 Volume 44 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

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Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran Feb 2009

Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran

William & Mary Journal of Race, Gender, and Social Justice

This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of these two subjects reveals that, although tribes are theoretically experiencing an era of tribal "self-determination," federal Indian law and policy, both old and new, continue to prevent tribes from achieving health and independence. Ultimately, the note concludes that a true solution to the problems affecting tribes can …

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Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien Feb 2009

Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien

Faculty Publications

While each patent dispute is unique, most fit the profile of one of a limited number of patent litigation stories. A dispute between an independent inventor and a large company, for instance, is often cast in "David v. Goliath" terms. When two large companies fight over patents, in contrast, they are said to be playing the "sport of kings." Some corporations engage in "defensive patenting" in order to deter others from suing them. Patent licensing and enforcement entities who sue have been labeled "trolls." Finally, observers of the patent system call the use of patent litigation to impose or exploit …

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Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society Feb 2009

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.

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Cyberthreats: The Emerging Fault Lines Of The Nation State, Susan W. Brenner Jan 2009

Cyberthreats: The Emerging Fault Lines Of The Nation State, Susan W. Brenner

School of Law Faculty Publications

As new technologies develop, terrorist groups are developing new methods of attack by using the Internet, and by using cyberspace as a battlefield, it has become increasingly difficult to discover the identity of attackers and bring them to justice. The seemingly limitless boundaries of cyberspace have allowed virtually anyone to launch an attack from a remote and anonymous location. But once these attacks occur, it raises several important questions. Who should respond, and how? How should nation-states effectively deal with a cyber-attack? Will the United States and other nation-states be able to survive in a world where virtual boundaries are …

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Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property Jan 2009

Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

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The Number Of States And The Economics Of American Federalism, Steven G. Calabresi, Nicholas K. Terrell Jan 2009

The Number Of States And The Economics Of American Federalism, Steven G. Calabresi, Nicholas K. Terrell

Faculty Working Papers

In 1789 it was possible to speak of a federation of distinct States joined together for their mutual advantage, but today it is rather the Nation that is divided into subnational units. What caused this shift in focus from the States to the Federal Government? Surely the transformation from a collection of thirteen historically separate States clustered along the Atlantic seaboard to a group of fifty States largely carved out of Federal territory has played a role. Building on previous analysis of the economics of federalism, this essay considers the dynamic effects of increasing the number of states on the …

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Anticompetitive Trade Remedies: How Antidumping Measures Obstruct Market Competition, Sungjoon Cho Jan 2009

Anticompetitive Trade Remedies: How Antidumping Measures Obstruct Market Competition, Sungjoon Cho

All Faculty Scholarship

Through trade policies such as antidumping remedies, the United States government often protects domestic producers at the expense of market competition. Yet a judicially created antitrust immunity, the Noerr-Pennington doctrine, obstructs the Federal Trade Commission’s antitrust investigations of these trade remedies. This Article argues that judicial and administrative interventions are needed to restore antitrust oversight when implementing trade remedies. This Article does not propose a repealing of the current antidumping statue, an act that would be politically infeasible in the current protectionist atmosphere of Congress. Instead, it takes a more modest yet realistic stance: antidumping remedies must be sanitized by …

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The 39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard L. Aynes Jan 2009

The 39th Congress (1865-1867) And The 14th Amendment: Some Preliminary Perspectives, Richard L. Aynes

The 39th Congress Project

No abstract provided.

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The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood Jan 2009

The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay is about the design of the mandate of the United Nations Human Rights Council, which was hammered out after a year of negotiations within the General Assembly and then another year within the newly-created Council itself

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National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman Jan 2009

National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman

ILSA Journal of International & Comparative Law

In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects.

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"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer Jan 2009

"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer

ILSA Journal of International & Comparative Law

Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.

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Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen Jan 2009

Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen

Faculty Scholarship

Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of …

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Laboratories Of Destitution: Democratic Experimentalsim And The Failure Of Antipoverty Law, David A. Super Jan 2009

Laboratories Of Destitution: Democratic Experimentalsim And The Failure Of Antipoverty Law, David A. Super

Faculty Scholarship

Democratic experimentalism, the procedural component of the “new governance” movement, has won widespread acceptance in calling for decentralization, deliberation, deregulation, and experimentation. Democratic experimentalists claim that this approach offers pragmatic solutions to social problems. Although the democratic experimentalist movement formally began only a decade ago, antipoverty law has reflected its major principles since the 1960s. This experiment has gone badly, weakening antipoverty programs. Key elements of this participatory approach to antipoverty law – decentralization, privatization, and the substitution of ad hoc problemsolving for individual rights – all contributed to the calamity that low-income people suffered during and after Hurricane Katrina. …

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The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine Jan 2009

The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

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Privilege-Wise And Patent (And Trade-Secret)-Foolish?: How The Courts' Misapplication Of The Military And State Secrets Privilege Violates The Constitution And Endangers National Security, Davida H. Isaacs, Robert M. Farley Jan 2009

Privilege-Wise And Patent (And Trade-Secret)-Foolish?: How The Courts' Misapplication Of The Military And State Secrets Privilege Violates The Constitution And Endangers National Security, Davida H. Isaacs, Robert M. Farley

Faculty Scholarship

It is every inventor's nightmare: a valuable idea, stolen, with no legal recourse. Yet that is precisely what happened in Lucent v. Crater, where the Federal Circuit permitted the Federal Government to defeat the inventors' claims using the military and state secrets privilege. In light of the recent upsurge in the Government's invocation of this privilege, it is time to scrutinize more carefully courts' highly deferential response to its use. There is little question that the executive branch must be able to invoke the privilege in order to ensure that national security is not imperiled by public disclosure of information. …

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New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta Jan 2009

New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta

International & Comparative Law Colloquium Papers

No abstract provided.

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Tactics In Counterinsurgency, United States Army Jan 2009

Tactics In Counterinsurgency, United States Army

United States Army: Field Manuals

Tactics in Counterinsurgency, United States Army Field Manual FM 3-24.2

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Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz Jan 2009

Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Protecting The Retail Investor In An Age Of Financial Uncertainty, Barbara Black Jan 2009

Protecting The Retail Investor In An Age Of Financial Uncertainty, Barbara Black

Faculty Articles and Other Publications

This essay, originating in a presentation made at the University of Dayton School of Law's Fallout from the Bailout Symposium on March 20, 2009, first sets forth some comparisons between other recent financial crises and the 2008 financial meltdown. It then provides an assessment of the SEC's role during the financial crisis and concludes with a review of the key provisions of the Obama Administration's proposed financial regulatory reform that affect the SEC and investor protection. The Obama proposal offers no redesign of the SEC, relying instead on SEC Chairman Mary Schapiro's commitment to re-energize and re-commit the agency to …

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Life At The Center Reflections On My Career, Roberta S. Karmel Jan 2009

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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Adding Insult To Injury: The Federal Income Tax Consequences Of The Clawback Of Executive Compensation, Matthew A. Melone Jan 2009

Adding Insult To Injury: The Federal Income Tax Consequences Of The Clawback Of Executive Compensation, Matthew A. Melone

Akron Tax Journal

Part I of this article discusses and analyzes clawbacks in general, including clawbacks that are part of common-law remedial schemes, federally legislated clawbacks, and those triggered by contractual clawback provisions. Part II of this article analyzes the tax consequences to the executives that result from the repayment or forfeiture of compensation. This part provides an analysis of the annual accounting concept and the claim-of-right doctrine which will generally result in the payment and return of compensation to be accounted for in separate tax years and, concomitantly, will generally result in incongruent tax consequences. The exceptions to the annual accounting concept …

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Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen Jan 2009

Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen

Michigan Journal of International Law

A core argument of this Essay is that the capability to make borderings has itself switched organizing logics: from institutionalizing the perimeter of a territory to multiplying transversal borderings cutting across that perimeter. This switch is partly linked to the types of scalar shifts in the operational space of a growing number of systems. To the more economic systems already mentioned above, let me add such diverse instances as the policing of the illegal drug trade, the war on terror, the judicial and political struggle to protect human rights, and the environmental effort to reorganize transnational economic sectors, including the …

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The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman Jan 2009

The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman

Michigan Journal of International Law

This Article argues that the most difficult future crises for which this legal debate is most consequential will not resemble those described by Prime Minister Thatcher or Director ElBaradei. Rather, in confronting potentially hostile and aggressive states believed to pose a WMD threat, decisionmakers contemplating the use of force will face an intelligence picture that is open to reasonable debate (contra Thatcher) and irresolvable to high levels of certainty (contra ElBaradei). This paper examines how competing legal approaches deal with this epistemic problem.

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Terrorizing The Technological Neighborhood Watch: The Alienation And Deterrence Of The "White Hats" Under The Cfaa, Trevor A. Thompson Jan 2009

Terrorizing The Technological Neighborhood Watch: The Alienation And Deterrence Of The "White Hats" Under The Cfaa, Trevor A. Thompson

Florida State University Law Review

No abstract provided.

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Insurance Policy As Statute, The, Jeffrey W. Stempel Jan 2009

Insurance Policy As Statute, The, Jeffrey W. Stempel

McGeorge Law Review

No abstract provided.

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Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury Jan 2009

Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury

Faculty Publications

This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …

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Life, Liberty, And The Pursuit Of Parental Equality: Florida's New Parenting Plan Remains Overshadowed By Lingering Gender Bias, Alexa Welzien Jan 2009

Life, Liberty, And The Pursuit Of Parental Equality: Florida's New Parenting Plan Remains Overshadowed By Lingering Gender Bias, Alexa Welzien

Nova Law Review

No abstract provided.

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