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Articles 6331 - 6360 of 13097
Full-Text Articles in Entire DC Network
Fast-Fish, Loose-Fish: How Whalemen, Lawyers, And Judges Created The British Property Law Of Whaling, Robert Deal
Fast-Fish, Loose-Fish: How Whalemen, Lawyers, And Judges Created The British Property Law Of Whaling, Robert Deal
Studio for Law and Culture
Anglo-American whalemen in the eighteenth and nineteenth centuries used customs largely of their own creation to resolve disputes at sea over contested whales. These customs were remarkably effective as litigation was rare and violence even rarer. Legal scholars such as Robert Ellickson have correctly pointed to these customs as an example of how close knit communities settle disputes without recourse to formal legal institutions or even knowledge of the applicable law. Ellickson’s belief, however, that these whaling customs were universally followed at sea and were – in turn – adopted by courts, is not entirely accurate. While courts often deferred, …
Blackboard Jungle: Delinquency, Psychiatry, And The Bio-Politics Of Brown, Anders Walker
Blackboard Jungle: Delinquency, Psychiatry, And The Bio-Politics Of Brown, Anders Walker
Studio for Law and Culture
In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown enforced, marking the beginnings of a much larger campaign to articulate southern resistance to integration in popular terms. Taking Blackboard Jungle as a starting point, this article recovers the intersection between discourses of delinquency and desegregation at mid-century, showing how civil rights groups and segregationists alike both drew from mass culture and social psychiatry to advance their constitutional agendas. It concludes by showing that even as …
Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch
Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch
Faculty Articles
In this Article, we examine the effect of judicial ideology on IP case outcomes before the Supreme Court from 1954 to 2006. We find that ideology is a significant determinant of IP cases: the more conservative a justice is, the more likely he or she is to vote in favor of recognizing and enforcing rights to intellectual property. We also find evidence that the relationship is more complex than a purely ideological account would suggest; our results suggest that law matters too. We find that a number of factors that are specific to IP are also consequential. Additionally, we show …
Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green
Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green
Faculty Articles
Clearly, religion and freedom do not yet coincide in many countries, however rosy their new constitutional claims are as to religious rights and freedoms for all. Apostasy, Blasphemy, Conversion, Defamation, and Evangelization-these are the new alphabet of religious rights violation in a number of regions around the world. Occurring at the intersection of religion and international human rights, these violations are also challenges to the universality of human rights and the democratic institutions that generate and affirm them.
The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott
The Difficult Road To Compelling Vaccination For Sexually Transmitted Diseases--How Gardasil And Those To Follow Will Change The Way That States Require Inoculation, Jonathan T. Scott
Kentucky Law Journal
No abstract provided.
Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack
Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack
Faculty Publications
Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …
Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.
Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz
Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
The Future Of Securitization, Steven L. Schwarcz
The Future Of Securitization, Steven L. Schwarcz
Faculty Scholarship
Securitization, a process in which firms can raise low-cost financing by efficiently allocating asset risks with investor appetite for risk, has been one of the most dominant and fastest-growing means of capital formation in the United States and the world. The subprime financial crisis, however, has revealed certain defects with how securitization is sometimes utilized. This article examines these defects and the extent they can, and should, be remedied going forward.
Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.
Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi
Sacrificial Lambs Of Globalization: Child Labor In The Twenty-First Century, Ranee Khooshie Lal Panjabi
Denver Journal of International Law & Policy
No abstract provided.
Blue Sky Steroids, Geoffrey Rapp
Blue Sky Steroids, Geoffrey Rapp
Journal of Criminal Law and Criminology
No abstract provided.
The United Nations Responses To The Sexual Abuse And Exploitation Of Women And Girls By Peacekeepers During Peacekeeping Missions, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs
Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs
GW Law Faculty Publications & Other Works
In 2009, the Journal of the National Security Forum Board of Editors posed ten questions on national security to a group of national-security law experts. Contributors were free to answer as many of the ten questions as they wished. All responses were published in a special issue of the William Mitchell Law Review. I answered the following three questions: 3. What are the lessons from detaining non-U.S. citizens, labeled enemy combatants, at Gitmo? 4. What is left for the Supreme Court to decide after the Boumediene decision? 10. What is the most important issue for American national security?
The SSRN …
Protecting Gun Rights And Improving Gun Control After District Of Columbia V. Heller, Allen K. Rostron
Protecting Gun Rights And Improving Gun Control After District Of Columbia V. Heller, Allen K. Rostron
Faculty Works
The Supreme Court’s decision in District of Columbia v. Heller, rejecting the narrow interpretation of the Second Amendment that most courts previously embraced, might seem to be a significant setback for gun control supporters and a major victory for gun rights advocates. Challenging that conventional wisdom, the author contends that Heller ultimately will help rather than hinder the push toward strong, sensible gun control laws. Justice Scalia’s opinion for the majority in Heller ultimately backs away from the most drastic implications of its reasoning and instead steers toward a more moderate approach under which virtually all existing gun laws should …
Book Review: Index To Legal Citations And Abbreviations, 3rd Ed., Duncan E. Alford
Book Review: Index To Legal Citations And Abbreviations, 3rd Ed., Duncan E. Alford
Faculty Publications
No abstract provided.
Ideology And Exceptionalism In Intellectual Property — An Empirical Study., Matthew Sag
Ideology And Exceptionalism In Intellectual Property — An Empirical Study., Matthew Sag
Faculty Publications & Other Works
No abstract provided.
What Is Equality?-Arguing The Reality And Dispelling The Myth: An Inquiry In A Legal Definition For The American Context, Robert J. Araujo S.J.
What Is Equality?-Arguing The Reality And Dispelling The Myth: An Inquiry In A Legal Definition For The American Context, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman
The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
This article observes that the "Global War on Terror" as an organizing concept has been abandoned and proposes that the Obama Administration restore FDR's Four Freedoms in its place.
The Refugee Experience: A Legal Examination Of The Immigrant Experiences Of The Sudanese Population, Kathleen Anne Ward-Lambert
The Refugee Experience: A Legal Examination Of The Immigrant Experiences Of The Sudanese Population, Kathleen Anne Ward-Lambert
Nova Law Review
No abstract provided.
Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone
Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone
Case Western Reserve Journal of International Law
No abstract provided.
Ending Impunity For The Crime Of Aggression, Benjamin B. Ferencz
Ending Impunity For The Crime Of Aggression, Benjamin B. Ferencz
Case Western Reserve Journal of International Law
No abstract provided.
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Case Western Reserve Journal of International Law
No abstract provided.
Organizational Culture, Professional Ethics And Guantanamo, Gregory S. Mcneal
Organizational Culture, Professional Ethics And Guantanamo, Gregory S. Mcneal
Case Western Reserve Journal of International Law
No abstract provided.
Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton
Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty
Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty
Case Western Reserve Journal of International Law
No abstract provided.
International Law And The Torture Memos, Michael P. Scharf
International Law And The Torture Memos, Michael P. Scharf
Case Western Reserve Journal of International Law
No abstract provided.
Sexual Violence: Standing By The Victim, Navanethem Pillay
Sexual Violence: Standing By The Victim, Navanethem Pillay
Case Western Reserve Journal of International Law
No abstract provided.
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Georgetown Law Faculty Publications and Other Works
This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …