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National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies Jan 2009

National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies

William Mitchell Law Review

No abstract provided.


Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust Jan 2009

Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust

William Mitchell Law Review

No abstract provided.


Long-Range Surveillance Unit Operations, United States Army Jan 2009

Long-Range Surveillance Unit Operations, United States Army

United States Army: Field Manuals

Long-Range Surveillance Unit Operations, United States Army Field Manual FM 3-55.93


Feminist Legal Theory In The Context Of International Conflict, Teresa Godwin Phelps Jan 2009

Feminist Legal Theory In The Context Of International Conflict, Teresa Godwin Phelps

University of Baltimore Law Forum

No abstract provided.


Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu Jan 2009

Madison In Post-9/11 Cyberspace: Applying Federalist No. 10 To The Online Battle For ‘Hearts And Minds’, Dawinder S. Sidhu

Faculty Scholarship

To be sure, there are at least a few problems with the approach of drawing upon the Framers for guidance with respect to the issues of the day. First, the Framers did not reach consensus on all matters. The famous rivalry between the Alexander Hamilton, a staunch nationalist from New York who favored a strong federal banking system and central government, and Jefferson, a republican from Virginia who preferred an agrarian lifestyle and trusted the people to do right by American society, perhaps best illustrates the fact that the Framers themselves were not in lockstep as to the makeup of …


Protecting Cultural Property Through Provenance, Christopher D. Cutting Jan 2009

Protecting Cultural Property Through Provenance, Christopher D. Cutting

Seattle University Law Review

This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …


Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher Jan 2009

Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher

Northwestern Journal of Law & Social Policy

No abstract provided.


States Of War: Defensive Force Among Nations (Reviewing George P. Fletcher & Jens David Ohlin, Defending Humanity: When Force Is Justified And Why (2008)), Guyora Binder Jan 2009

States Of War: Defensive Force Among Nations (Reviewing George P. Fletcher & Jens David Ohlin, Defending Humanity: When Force Is Justified And Why (2008)), Guyora Binder

Book Reviews

In "Defending Humanity: When Force is Justified and Why," George Fletcher and Jens Ohlin analogize international defensive force to individual self-defense. Based on this analogy, Fletcher and Ohlin justify a presumptive right on the part of every state to intervene against aggression, and a right of humanitarian intervention in support of national groups but not populations. They oppose reprisals, preemptive defense, and resistance to invading armies by irregular troops. This review essay argues that the relative weakness of the Security Council, the unequal power of states, and the contingency of international recognition on effective force all undermine the analogy between …


Free Speech And National Security, Geoffrey R. Stone Jan 2009

Free Speech And National Security, Geoffrey R. Stone

Articles

No abstract provided.


U.S. Policy Recommendation: Ottawa Convention On Anti-Personnel Landmines, Trevor Holbrook Jan 2009

U.S. Policy Recommendation: Ottawa Convention On Anti-Personnel Landmines, Trevor Holbrook

Human Rights Brief

No abstract provided.


Not At All: Environmental Sustainability In The Supreme Court, James R. May, Kristen Hite Jan 2009

Not At All: Environmental Sustainability In The Supreme Court, James R. May, Kristen Hite

Sustainable Development Law & Policy

No abstract provided.


Gender Strategy Is Not Luxury For International Courts Symposium: Prosecuting Sexual And Gender-Based Crimes Before International/Ized Criminal Courts, Patricia Viseur Sellers Jan 2009

Gender Strategy Is Not Luxury For International Courts Symposium: Prosecuting Sexual And Gender-Based Crimes Before International/Ized Criminal Courts, Patricia Viseur Sellers

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen Jan 2009

The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen

UIC Law Review

No abstract provided.


Counter-Insurgency, Human Rights, And The Law Of Armed Conflict, Federico Sperotto Jan 2009

Counter-Insurgency, Human Rights, And The Law Of Armed Conflict, Federico Sperotto

Human Rights Brief

No abstract provided.


How The Development Of The Palestinian State Can Be Effectively Initiated: Implementing A Plan For A Two-State Solution While Fostering Palestinian Growth And Maintaining A Viable Peace, David F. Pustilnik, Dimitra Blitsa Jan 2009

How The Development Of The Palestinian State Can Be Effectively Initiated: Implementing A Plan For A Two-State Solution While Fostering Palestinian Growth And Maintaining A Viable Peace, David F. Pustilnik, Dimitra Blitsa

Chicago-Kent Journal of International and Comparative Law

No abstract provided.


Vultures, Hyenas, And African Debt: Private Equity And Zambia, Olufunmilayo B. Arewa Jan 2009

Vultures, Hyenas, And African Debt: Private Equity And Zambia, Olufunmilayo B. Arewa

Northwestern Journal of International Law & Business

Although the Donegal court explicitly limited its scrutiny to the legal questions raised by the case rather than questions of morality and humanity, 23 the moral and ethical considerations connected with the activities of vulture investors are significant. This is particularly true in Africa, which in the post-colonial period has experienced poor economic performance in both absolute and relative terms, as well as significant and even increasing levels of poverty.24 Poverty has exacerbated political instability in Africa.25 The political situation in much of the African continent is similarly tenuous, with sub-Saharan African states in many instances serving as exemplars of …


The Taxation Of Compensatory Profits Interests: The Blind Men And The Elephant, Philip F. Postlewaite Jan 2009

The Taxation Of Compensatory Profits Interests: The Blind Men And The Elephant, Philip F. Postlewaite

Northwestern Journal of International Law & Business

The position increasingly held by academics is that the current tax treatment of such receipts is improper and should be obvious to all.6 Apparently, the small but determined group which defends the status quo7 not only fails to appreciate the clarity of the situation,8 but their analysis is derisively dismissed as sophistry and their motives impugned for acting as tools of the establishment. As the lowly representative of the Gang of Three, and the only one apparently not smart enough to be paid for his advocacy,'0 notwithstanding the intensity and inventiveness of the presenters' advocacy, I remain unconvinced. My support …


Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones Jan 2009

Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones

Northwestern Journal of International Law & Business

This Article is, in essence, a strident expression of indignation about what a majority of tax scholars and, indeed, legislators consider a glaring yet persistent inequity in the tax code. In short, sometimes extraordinarily well-paid fund managers receive compensation taxed at capital gains rates. All other, usually very much lower-compensated, service providers are taxed at ordinary rates. The result is clearly regressive and yet, as of late, even some respected and knowledgeable scholars-though still in the minority-have unabashedly set forth sophisticated-sounding justifications. Objections based on unfairness, real, or even merely perceived, are difficult to express without a tone of indignation, …


Not All Carried Interests Are Created Equa, Adam H. Rosenzweig Jan 2009

Not All Carried Interests Are Created Equa, Adam H. Rosenzweig

Northwestern Journal of International Law & Business

Recently, a significant debate over the taxation of so-called "carried interest "in private equity funds has received much attention from scholars, the government, commentators, and the media. This debate has focused on whether private equity fund managers who earn a percentage of the returns generated by the fund should be entitled to preferential "capital gain" treatment on such returns. The primary concern in this debate revolves around whether managers are effectively being compensated for services normally taxed at higher rates while receiving the benefit of preferential rates reserved for capital gains. Proponents of reform point to the services being performed …


International Community Responds To Darfur: Icc Prosecution Renews Hope For International Justice, The, John E. Tanagho, John P. Hermina Jan 2009

International Community Responds To Darfur: Icc Prosecution Renews Hope For International Justice, The, John E. Tanagho, John P. Hermina

Loyola University Chicago International Law Review

No abstract provided.


The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea Jan 2009

The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea

West Virginia Law Review

No abstract provided.


The Rome Statue And Captain Planet: What Lies Between 'Climate Against Humanity' And The 'Natural Environment?, Mohadmmed Saif-Alden Wattad Jan 2009

The Rome Statue And Captain Planet: What Lies Between 'Climate Against Humanity' And The 'Natural Environment?, Mohadmmed Saif-Alden Wattad

Fordham Environmental Law Review

No abstract provided.


Rethinking The Mérida Initiative: Why The U.S. Must Change Course In Its Approach To Mexico’S Drug War, Stephanie Erin Brewer Jan 2009

Rethinking The Mérida Initiative: Why The U.S. Must Change Course In Its Approach To Mexico’S Drug War, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.


Operation Cast Lead: Drawing The Battle Lines Of The Legal Dispute, Avril Mcdonald Jan 2009

Operation Cast Lead: Drawing The Battle Lines Of The Legal Dispute, Avril Mcdonald

Human Rights Brief

No abstract provided.


United Nations And Ngo Updates, Zach Zarnow, Doug Keillor Jan 2009

United Nations And Ngo Updates, Zach Zarnow, Doug Keillor

Human Rights Brief

No abstract provided.


The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen Jan 2009

The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.


The Universal Declaration Of Human Rights And Latin America, Liliana Obregon Jan 2009

The Universal Declaration Of Human Rights And Latin America, Liliana Obregon

Maryland Journal of International Law

No abstract provided.


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

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

Maryland Journal of International Law

No abstract provided.


How Far Are We From Achieving The Goals Of The United Nations' Declaration Of Human Rights?, Arthur Chaskalson Jan 2009

How Far Are We From Achieving The Goals Of The United Nations' Declaration Of Human Rights?, Arthur Chaskalson

Maryland Journal of International Law

No abstract provided.


A Tail Of Hope: Canada's North Atlantic Straddling And Highly Migratory Fish Stocks, And The Prince Of Darkness, George T. Williamson Jan 2009

A Tail Of Hope: Canada's North Atlantic Straddling And Highly Migratory Fish Stocks, And The Prince Of Darkness, George T. Williamson

University of Miami Inter-American Law Review

No abstract provided.