Digital Commons Network^™

After Sosa: The Future Of Customary International Law In The United States, William S. Dodge

Faculty Scholarship

No abstract provided.

Heller, Citizenship, And The Right To Serve In The Military, Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Ezra Pound’S Copyright Statute: Perpetual Rights And The Problem Of Heirs, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable

University of the District of Columbia Law Review

Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.

Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen

Faculty Scholarship

On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …

The International Law Related To Maritime Security : An Analysis Of Its Effectiveness In Combating Piracy And Armed Robbery Against Ships, Anete Logina

World Maritime University Dissertations

No abstract provided.

Panetti V. Quarterman: Raising The Bar Against Executing The Incompetent, D. G. Maxted

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

A Larger War On Terror?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Tribal Nation Economics: Rebuilding Commercial Prosperity In Spite Of U.S. Trade Restraints - Recommendations For Economic Revitalization In Indian Country, Angelique A. Eaglewoman

Tulsa Law Review

No abstract provided.

Indian Country In The Northeast, Dale T. White

Tulsa Law Review

No abstract provided.

What Is Owed Participants In Biotechnology Research?, Julie A. Burger

Chicago-Kent Law Review

The legal and ethical protections afforded human subjects of research afford individuals who participate in research certain rights. Potential participants must give voluntary and informed consent to participate, they have the right to withdraw from research, they cannot be asked to waive certain rights, and they have the right to choose which studies they will participate in. But researchers, institutions, patient advocacy groups, and ethicists continue to debate how these rules should be applied in the context of genetics research—projects that involve using the individual's tissue or the individual's genetic information, such as gene sequences, and associated medical information. Evidence …

Who Owns Your Body? A Study In Literature And Law, Lori Andrews

Chicago-Kent Law Review

No abstract provided.

Imperial And Imperiled: The Curious State Of The Executive, Saikrishna B. Prakash

William & Mary Law Review

In the last four decades, the presidency has been characterized both as the "imperial presidency" as well as the "imperiled presidency. "From an originalist perspective, both camps have elements of truth on their side. When it comes to the conduct and initiation of wars, modern Presidents exercise powers that rival those the Crown possessed in England. Presidents claim the power to start wars, notwithstanding Congress's power to declare war. Moreover, Presidents insist that they have the sole right to determine how the armed forces will wage all wars, even though Congress clearly has considerable power over the armed forces. Law …

Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey

Buffalo Law Review

This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …

Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope

Buffalo Law Review

No abstract provided.

Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua

Journal Articles

In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …

Updated Lessons In Conducting Basics Legal Research By Pro Se Litigants Who Cannot Afford An Attorney., Michael P. Forrest, Mike Martinez Jr., Paul S. Miller

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner

All Faculty Scholarship

This address has three principal points: (1) An overview of how we are going about internationalizing the law school curriculum today in the United States; (2) Whether we are making as much progress as we should and how learning from others is central to sustaining our progress such as it is; and (3) What some of the obstacles to such learning are.

Vol. 35, No. 10 (November 10, 2008)

Indiana Law Annotated

No abstract provided.

Dividing Up Intelligence Education, Robert Clark, Ph.D

Journal of Strategic Security

At this year's annual conference of the International Association for Intelligence Education (IAFIE) in Monterey, CA, the keynote speaker posed the question, "How much do you need intelligence education outside the beltway?" Which led to a second question discussed during the conference: "What should such education look like?" In short, what should we be teaching in universities? What should we leave to the intelligence community as training? And what could be done in either or both settings? The first question of any educational effort is:What are we preparing students for?

Putting Missouri V. Holland On The Map, Edward T. Swaine

Missouri Law Review

While I can think of no fitter setting for a symposium on this important topic, it must be admitted that geographically speaking, Missouri v. Holland disappoints. One thrills to the prospect of a divisive dispute between the State of Missouri and a province of the Netherlands - perhaps a sub-national compact on flood control gone sour? It quickly becomes apparent, though, that "Holland" is merely a lower-level federal official. And Missouri's particulars play a limited role in the case, as suggested by the fact that Kansas came to its side in the Supreme Court proceedings. Those who are not students …

Research Note: Using The Iterate And Dots Databases, Peter A. Flemming, Edward Mickolus, Todd Sandler

Journal of Strategic Security

For more than three decades, Vinyard Software's two ITERATE (International Terrorism: Attributes of Terrorist Events) datasets have set the standard in events research for terrorism researchers. It has recently been supplemented by the DOTS (Data on Terrorist Subjects) biographies project, which covers all terrorists, supporters, and other individuals mentioned in the ITERATE project.

A Summary Reflection On Legal Education, Robert A. Pascal, Olivier Moreteau

Louisiana Law Review

No abstract provided.

While The Government Fiddled Around, The Big Easy Drowned: How The Posse Comitatus Act Became The Government's Alibi For The Hurricane Katrina Disaster, Candidus Dougherty

Northern Illinois University Law Review

This article analyzes how the government's blame of the Posse Comitatus Act (PCA) for its late response to the Hurricane Katrina disaster was misplaced. In Part II, the author discusses the history of the Posse Comitatus Act, including a summary of some of its many judicial and congressional expansions. In Part III, the author applies the PCA to the Hurricane Katrina disaster to show that, under its proper application, the PCA does, in fact, permit the lawful use of the military for humanitarian purposes. Based on this analysis, the article concludes that we should focus our efforts less on the …

On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck

NULR Online

No abstract provided.

Self-Defense - From The Wild West To 9/11: Who, What, When, Amos N. Guiora

Cornell International Law Journal

No abstract provided.

The Sustainability Principle In Energy, Irma S. Russell

Faculty Works

No abstract provided.

Vol. 3, No. 1 (Fall 2008)

Indiana Law

No abstract provided.

The Facade Of Neutrality: Uncovering Gender Silences In International Trade, Barnali Choudhury

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

International trade policies have traditionally been measured in terms of net economic benefit and market-based criteria. For the most part, these policies have largely ignored any of the societal effects that a liberalized trade regime may cause. Recently, however, the environmental, health, and labor impacts of trade agreements have slowly gained recognition as areas of concern. This recognition has led to an overall growing trend towards acknowledging the linkages between trade and non-trade issues.

One area that has been relatively untouched by any new developments is the issue of gender. Trade theories proceed from the premise that trade agreements are …