Digital Commons Network^™

The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen

International Law Studies

No abstract provided.

Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.

Dayton Lawyer, Summer 2008, University Of Dayton

Dayton Lawyer

No abstract provided.

The Compatibility Of Intelligence Gathering, Interrogation, And Preventing Torture, Steven M. Kleinman

City University of New York Law Review

No abstract provided.

The Sounds Of Silence: American Criminal Justice Policy In Election Year 2008, Frank O. Bowman Iii

Faculty Publications

One of the striking features of the 2008 election cycle has been the absence of crime as a national political issue. Nobody has declared metaphorical war on any type of crime, run an ad about the depredations of a parolee, or even promised 100,000 cops. It may simply be that for a country embroiled in two nonmetaphorical foreign wars and deeply nervous about the state of the economy, crime is a second-order concern. It could be that the big drop in crime of all types throughout the 1990s has made the issue seem less pressing. Whatever the explanation, things are …

The Failed Invigoration Of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, And Lawlessness In Argentine History, Mugambi Jouet

University of Miami Inter-American Law Review

No abstract provided.

Destroying Minds: Psychological Pain And The Crime Of Torture, Nora Sveaass

City University of New York Law Review

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

During the survey year, according to a Westlaw search, the United States Court of Appeals for the Eleventh Circuit rendered 2252 opinions. However, only 375 of these opinions were "published," which is consistent with the Eleventh Circuit's recent trend of sharply limiting the number of published decisions. The court's view on this issue is illustrated by Internal Operating Procedure ("IOP") 5 in Eleventh Circuit Rule 36-2:

The unlimited proliferation of published opinions is undesirable because it tends to impair the development of the cohesive body of law. To meet this serious problem it is declared to be the basic policy …

Saving Culture, But Passing The Buck: How The 1970 Unesco Convention Undermines Its Goals By Unduly Targeting Market Nations, Janene Marie Podesta

Cardozo Journal of International and Comparative Law

The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, while well-intentioned, undermines its goals by adopting a nationalistic approach that disproportionately burdens market nations. This bias leads to ineffective enforcement and incentivizes black-market activities, failing to curb the illicit trade of cultural property. The Convention's emphasis on source nations' ownership claims often results in penalizing market nations, discouraging cooperation and perpetuating the problem.

Preventing Torture: Implications Of Cat General Common No. 2: Keynote, Albie Sachs

City University of New York Law Review

No abstract provided.

The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades

Faculty Publications

No abstract provided.

"Other Worlds Are Actual": Tully On The Imperial Roles Of Modern Constitutional Democracy, Michael Simpson

Osgoode Hall Law Journal

The globalization of modern legal and economic practices has not ushered in a state of perpetual peace as Kantians have famously predicted. Rather, it has reinforced the perpetual crises and violence that is today's realm of the political. This article examines James Tully's claim that the formalization of diverse legal traditions into the modular confines of modern constitutions, as nation-states and international taw, is a project of today's imperial hegemony. The global imperialism of modern constitutionalism is one that suppresses the vast multiplicity of existing legal pluralities and, consequently, fuels war and aggression, not perpetual peace. Tully's important analysis of …

Oil And Remittances In The Middle East, Azza El-Sharabassy

Graduate Program in International Studies Theses & Dissertations

This dissertation constructs a framework for understanding the determinants of remittances. It develops the effects of multiple macro economic variables in one area in the Middle East on the remittances flows and the future development of (another Arab neighboring country) Egypt. The framework will explore the relationship between oil prices and remittances from oil based economies (mainly Saudi-Arabia, Kuwait and the Arab Emirates) to a labor exporting country (Egypt). It also highlights the impact of multiple variables affecting the flow of remittances from labor exporting Arab countries: (1) Prices of oil. (2) Oil revenues. (3) Differentials in deposit interest rate …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Adding Legislation Courses To The First-Year Curriculum, Ethan J. Leib

Journal of Legal Education

No abstract provided.

Bush V. Boumediene: The Court Is Back, Jay Dratler

Akron Law Faculty Publications

This short article is a follow-up to a piece I wrote two years ago on Hamdan v. Rumsfeld, SSRN No. 913822. While applauding the result in Hamdan, I critiqued the Supreme Court for missing a “teachable moment” and obscuring the great issues at stake in prolixity and mind-numbing technical detail.

In this article, I applaud the Boumediene v. Bush Court not only for its result—that the Constitution’s Suspension Clause can require habeas corpus for aliens held abroad under certain circumstances—but for its reasoning and style as well. This time, the majority of five did not miss its “teachable …

A V. State Of Israel, Dorit Beinisch, Edmond E. Levy, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

Appeals challenging the decisions of the District Court who upheld the legality of the appellants’ arrests under the Internment of Unlawful Combatants Law 5762-2002 (hereinafter: the Act.) We are concerned with the private case of the appellants, residents of the Gaza Strip, who in 2002-2003 were arrested in an administrative arrest under the security legislation that applies in the strip, when as a result …

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review (1982 - 2011)

No abstract provided.

Law And Politics As Play, Lief H. Carter

Chicago-Kent Law Review

Liberal theory fails to cope effectively with the common human tendency, under certain conditions, to brutalize other humans. Liberal theory does not adequately accommodate the reality that humans contest concepts of rights, justice, and truth. The necessarily contextual, contested, and contingent character of substantive liberal principles necessarily prevents them, qua principles, from effectively inhibiting human brutality. Liberal theory also does not take adequate account of the passionate and non-rational character of the human animal. Giambattista Vico's remarkably prescient and comprehensive eighteenth century vision of the human condition anticipates these two barriers to achieving liberalism's pacific political and social vision. Vico …

Form And Substance In The Law Of Counterinsurgency Damages, John Fabian Witt

Loyola of Los Angeles Law Review

No abstract provided.

The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang

Penn State International Law Review (1982 - 2011)

No abstract provided.

Public Use In A Post-Kelo World, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

The aftermath of Kelo gives rise to urgent land use issues, both theoretical and historical. On the former, I argue that the analysts should be aware of the close and positive connection between restrictive land use policies on the one hand and a willingness to condemn parcels for private development on the other. The inability to overcome local opposition with private development forces developers to get in essence, pre-acquisition approval through public condemnation. One way, therefore, to ease the pressure on public use is to retreat from aggressive land use regulation to a scheme that more closely approximates that of …

Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay

Research Collection Yong Pung How School Of Law

This paper is not a detailed denial of the difference between organised crime as the aggregation of illicit wealth, and terrorism which may not be concerned with economic profit. It takes as given the primary political context for terrorism and the enterprise environment of organised crime.

Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The biographies of panelists of the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.

Defining Armed Conflict, Natasha Balendra

Cardozo Law Review

No abstract provided.

The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane

University of Michigan Journal of Law Reform

The Immigration and Nationality Act ("INA "), as it must, excludes a terrorist from receiving asylum. The substantive criteria and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are perhaps unavoidable in any well-conceived statutory scheme. What is disconcerting is, however the margin of the possible error in the application of this statutory scheme. Those who may be excluded by the application of these provisions are often not those who are supposed to be excluded as terrorists. Moreover, the existing …

The Force Of Law: The Role Of Coercion In Legal Norms, Ekow N. Yankah

University of Richmond Law Review

No abstract provided.

Between War And Peace: Exploring The Constitutionality Of Subjecting Private Civilian Contractors To The Uniform Code Of Military Justice During Contingency Operations, Cara-Ann M. Hamaguchi

North Carolina Law Review

No abstract provided.

The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira

University of Miami International and Comparative Law Review

No abstract provided.

The 1994-'95 Baseball Strike And National Labor Relations Board: To The Precipice And Back Again, William B. Gould Iv

West Virginia Law Review

No abstract provided.