Digital Commons Network^™

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Fordham International Law Journal

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. 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 piracy, first in Southeast Asia and then in Somalia. Part III provides the current international legal framework for battling piracy, by focusing first on the definition of piracy in international law, and then on the existing international legal …

Disrupting Terrorist Financing With Civil Litigation, Jack D. Smith, Gregory J. Cooper

Case Western Reserve Journal of International Law

No abstract provided.

Article 124, War Crimes, And The Development Of The Rome Statute, Shana Tabak

Scholarly Articles in Law Reviews & Journals

No abstract provided.

When Human Experimentation Is Criminal, Song Richardson

Scholarly Articles in Law Reviews & Journals

Medical researchers engaged in human experimentation commit criminal acts seemingly without consequence. Whereas other actors who violate bodily integrity and autonomy are routinely penalized with convictions for assault, fraud, and homicide, researchers escape criminal punishment. This Article begins to scrutinize this undercriminalization phenomenon and provides a framework for understanding why researchers are not prosecuted for their crimes. It argues that their exalted social status, combined with the perceived social benefit of their research, immunizes them from use of the criminal sanction. Whether these constitute sufficient grounds to give researchers a pass from punishment is a significant question because the state's …

Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane

All Faculty Scholarship

The eminent domain debate, steeped in the language of property rights, currently lacks language and conceptual space to address what is really at issue in today's cities: complex, fundamental disagreements between market and community about Development. The core doctrinal issue presented by development is how can we acknowledge the subordination of citizens who happen to live in areas that are attractive to wealthier citizens. In particular, how should we address the political process failure reflected in the privatized methods of decisionmaking that typify redevelopment? The conceptual language and analytical construct for appropriately addressing these issues come from critical race theory …

El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona

Cornell International Law Journal

No abstract provided.

Native Nations And Museums: Developing An Institutional Framework For Cultural Sovereignty, Rebecca Tsosie

Tulsa Law Review

This paper was presented at the 2009 Native American Law Symposium.

Separating Private Military Companies From Illegal Mercenaries In International Law: Proposing An International Convention For Legitimate Military And Security Support The Reflects Customary International Law, Michael Scheimer

American University International Law Review

No abstract provided.

The Responsibility To Protect: A Policy Forum, Sarah Bania-Dobyns, Kathy Gockel, Kyle Matthews, Jodi Vittori

Human Rights & Human Welfare

Human Rights and Human Welfare is pleased to offer its first policy forum-a new type of review to add to our review essays, book notes and roundtable. In this policy forum we asked practitioners in the field to review a set of policy reports on the responsibility to protect. R2P, as practitioners and scholars alike have come to know this policy area, like many of the human rights concepts addressed by HRHW, is a multifaceted concept requiring perspectives from different fields and professions to address it comprehensively. Further, R2P is a quickly changing policy issue, and academics and practitioners …

A Symposium On Confronting Global Terrorism And American Neo-Conservatism: The Framework Of A Liberal Grand Strategy. By Tom Farer. Oxford, Uk: Oxford University Press, 2008., Richard Falk, Dino Kritsiotis, Paul Taylor, Tom Farer

Human Rights & Human Welfare

A review of:

Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. By Tom Farer. Oxford, UK: Oxford University Press, 2008.

Transforming Children Of War Into Agents Of Change, Brooke Breazeale

Human Rights & Human Welfare

Since the turn of the century, Sub-Saharan Africa has experienced the fastest growing rate of child soldiers. Consider the following statistics:

• An estimated 60 percent of child soldiers in Africa are fourteen years old and under (Singer 2006: 29);
• In Uganda the average age of personnel in armed forces is 12.9 (Singer 2006: 29);
• Since 1990, two million children have been killed in armed conflict, the equivalent of five hundred per day for ten years (Singer 2005).

Review Of The Cherokee Nation And The Trail Of Tears By Theda Perdue And Michael D. Green, Rowena Mcclinton

Great Plains Quarterly (through 2013)

Past chief of the Cherokee Nation (1985-1995) and social activist Wilma Mankiller remarked, "We are still here." Facing rampant racism, a fraudulent treaty, and then dislocation from their homelands in the southeast, Cherokees not only survived but prevailed. Reflectively, Theda Perdue and Michael Green have summarized the complexity and cunning complicity surrounding the 1838-9 infamous Cherokee displacement known as the Trail of Tears, adding to the scholarship of Tim Garrison, Gary Moulton, Walter Conser, Mary Young, and the late William G. McLoughlin.

They juxtapose the remarkable lives of two adversarial Cherokee figures, Major Ridge (along with his son John Ridge, …

Regulating Complexity In Financial Markets, Steven L. Schwarcz

Faculty Scholarship

As the financial crisis has tragically illustrated, the complexities of modern financial markets and investment securities can trigger systemic market failures. Addressing these complexities, this Article maintains, is perhaps the greatest financial-market challenge of the future. The Article first examines and explains the nature of these complexities. It then analyzes the regulatory and other steps that should be considered to reduce the potential for failure. Because complex financial markets resemble complex engineering systems, and failures in those markets have characteristics of failures in those systems, the Article‟s analysis draws on chaos theory and other approaches used to analyze complex engineering …

Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq.

UC Law Environmental Journal

No abstract provided.

Domestic Violence And Women's Rights In Nigeria, Bazza

Societies Without Borders

Studies have shown that globally domestic violence accounts for nearly one quarter of all recorded crimes. Women have been subjected to various forms of violence ranging from rape, battering, trafficking and even murder. Although the degree differs from society to society, the occurrence has profound and destructive consequences including psychological, physical, emotional and social disorders. The fact that domestic violence prevails across all strata of the Nigerian society is no longer debatable. Despite the spirited efforts made by the world bodies such as the United Nations (e.g. Universal Declaration of Human Rights, the International Convention on Civil and Political Rights) …

Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv

Maryland Law Review

No abstract provided.

What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass

War Crimes Memoranda

No abstract provided.

Would An Accused Or A Witness Who Is A State Official Be Able To Claim Immunity From Before The Stl? If So, What Type Of Immunity And What Would The Consequences Of Such A Successful Claim Be?, Heather Ludwig

War Crimes Memoranda

No abstract provided.

The Issue As Presented To Me Is “Enforced Disappearance As A Crime Against Humanity (1975): Was Enforced Disappearance A Crime Against Humanity As Part Of Customary International Law In 1975?, Elisabeth Herron

War Crimes Memoranda

No abstract provided.

The Limits Of International Humanitarian Law, Melissa Eli

Human Rights & Human Welfare

The goal of international humanitarian law is to humanize war in an effort to minimize human suffering and the long-term negative consequences of war. However, despite the adoption by most countries of the Geneva Conventions and other relevant agreements, crimes of war occur in every conflict around the world on a regular basis. Additionally, as the form of warfare changes, so does the implementation and consequences of various war crimes. Genocide, systematic rape, and the use of child soldiers are three of the most significant war crimes facing sub-Saharan Africa today. Each has consequences so severe that specific international laws …

Jihad, Race And Western Media, Post-September 11, Tagg

Societies Without Borders

The article examines jihad within what is loosely referred to as “the Western imagination.” Through the analysis of both popular stereotypes and the broader historical context of religious antagonism and (neo)colonialism, the paper discusses both contemporary political rhetoric and a pair of liberal post September-11 political cartoons. While European and North American political leaders have often stereotyped Muslims in order to justify various “axis of evil” bandwagons and further political and economic interests throughout the Islamic Crescent, I argue here that the liberal media's critiques also often rely on fallacious embodied stereotypes. The pervasiveness of such representations has important implications …

Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow

Michigan Journal of International Law

The argument in this Article proceeds through several steps. As background, Part I outlines the current and projected future human uses of outer space, emphasizing the plethora of civilian and military applications that now rely on satellites. The United States, especially, but other countries, too, are coming to depend on multiple space assets for the performance of a wide array of vital functions; the investment is huge, diverse, and growing, despite the costs and natural perils of operating in the harsh exoatmospheric environment.

Interethnic Reconciliation, Tuba Breca

Theses and Dissertations

No abstract provided.

The Rape Epidemic In The Congo: Why Impunity In The Congo Can Be Solved By International Intervention, Jeanine Oury

Loyola University Chicago International Law Review

No abstract provided.

Deceit In War And Trade, William I. Miller

Book Chapters

This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of such famous tricksters as Odysseus, David, the Vikings, Machiavelli, William the Conqueror, even Montaigne. It then considers the practices of some famous deceivers in contemporary business culture, such as Bernie Ebbers, Dennis Koslowski, and Kenneth Lay.

Revisiting Human Rights In Latin America: Introduction, Christina Cerna

Human Rights & Human Welfare

This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.

The Domestic Violence Clause In New Originalist Theory, Mark S. Stein

UC Law Constitutional Quarterly

In this brief essay, I address the way in which "new originalists" Jack Balkin and Lawrence Solum use the Domestic Violence Clause in Article IV, Section 4 of the Constitution to support their theories. Balkin uses the Domestic Violence Clause to provide an example of an impermissible departure from original meaning: Surely, he claims, it would be wrong to interpret the constitutional term "domestic violence" as referring to spousal abuse. Solum uses the same example to support his thesis that the semantic meaning of the Constitution is fixed at the time of origin.

In fact, the constitutional term "domestic violence" …

Hear Me Roar: What Provokes Supreme Court Justices To Dissent From The Bench?, Timothy R. Johnson, Ryan C. Black, Eve M. Ringsmuth

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Murder And The Military Commissions: Prohibiting The Executive's Unauthorized Expansion Of Jurisdiction, Joseph C. Hansen

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Wartime Judgments Of Presidential Power: Striking Down But Not Back, William G. Howell

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.