Digital Commons Network^™

Confronting The Appalachian Breakdown: Historic Preservation Law In Appalachia And The Potential Benefits Of Historic Preservation For Rural Communities, Rebecca S. Schoen

West Virginia Law Review

No abstract provided.

An International And Islamic Perspective Of Hamas, Amy Chiang

Chicago-Kent Law Review

Few other groups spark as much controversy as Hamas. While it won Parliamentary elections in January of 2006, its militant tactics have earned it widespread condemnation from most of the international community. However, using international law alone will not convince Hamas to renounce violence because Hamas claims to derive its principles from Islamic law. This note explores and applies international and Islamic law to Hamas's tactics and concludes that they can both be used to convince Hamas to renounce violence and restart the peace process.

Motions 2008 Volume 43 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Turning Slogans Into Tax Policy, Karen C. Burke, Grayson M.P. Mccouch

UF Law Faculty Publications

The article examines the Bush Administration's tax cutting agenda, focusing on recent attempts to repeal the estate tax and to eliminate the shareholder-level income tax on corporate dividends. In each of these two seemingly disparate episodes, the Administration used dubious economic claims and populist rhetoric to promote tax cuts without considering revenue costs or distributional effects. The legislative outcomes, however, were driven largely by budget constraints and interest group politics. In conclusion, the article suggests that the Administration's tax cutting agenda is best understood in terms of politics and ideology rather than conventional tax policy.

Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson

Law and Contemporary Problems

US President George W. Bush used force to bring the Taliban to its knees and create a fledgling democracy in Afghanistan, then invaded Iraq with the end goal of establishing a democracy there, as well. Meanwhile, presidential hopeful Barack Obama praised those who built democracy's arsenal to vanquish fascism, and who then built a series of alliances and a world order that would ultimately defeat communism, seeming to extol and vindicate the previous US efforts to impose democracy by force. These two leaders' struggles to nail down a definitive answer on whether force should ever be used to impose democracy …

Teaching Cyberlaw, Eric Goldman

Faculty Publications

Over the past dozen years, Cyberlaw courses have become a staple of the law school curriculum. This Essay explores methodological and pedagogical issues raised by these courses.

The Essay considers the organization of a Cyberlaw curriculum in Part I, some challenges posed by Cyberlaw courses in Part II, some tools to teach Cyberlaw courses in Part III, evaluation methods in Part IV, and teaching materials in Part V.

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.

Submarines, Sonar, And The Death Of Whales: Enforcing The Delicate Balance Of Environmental Compliance And National Security In Military Training, Joel R. Reynolds

William & Mary Environmental Law and Policy Review

No abstract provided.

The Advent Of Modified Riparianism In South Carolina, J. Blanding Holman Iv

Southeastern Environmental Law Journal

No abstract provided.

Environmental Justice For All - The Navy's Recent Failure To Protect North Carolina's Citizens, William S. Eubanks Ii

North Carolina Central Law Review

No abstract provided.

War Tales And War Trials, Patricia M. Wald

Michigan Law Review

In this foreword, I will compare my experiences as a judge on the International Criminal Tribunal for the former Yugoslavia, and the work of war crimes tribunals generally, with a few of the recurrent themes in epic tales of war. Books and trials strive to educate and to persuade their audiences of the barbarity of war and its antipathy to the most fundamental norms of a humane society.3 War crimes tribunals began with Nuremberg and have proliferated in the past fifteen years. These tribunals were established to try and to punish individuals for violations of international humanitarian law ("IHL")-the so-called …

Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo

Michigan Law Review

Ever since its publication in 1929, Erich Maria Remarque's All Quiet on the Western Front has been regarded as a landmark of antiwar literature. Appearing a decade after the end of the First World War, the novel became a literary sensation almost overnight. Within a year of publication, it had been translated into twenty languages, including Chinese, and by April 1930, sales for twelve of the twenty editions stood at 2.5 million. Remarque was reputed to have the largest readership in the world. Hollywood took note, and an equally successful film appeared in 1930. The success of the novel was …

Counterinsurgency And Constitutional Design, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency is temporary, transitional, and tactical, designed to stabilize society; constitutional systems come later and are permanent, constant, and normal. But the conflicts in Iraq and Afghanistan demonstrate the fallacy of these perceptions. Counterinsurgency and constitutional design took place simultaneously, they required high-level political agreement and ground-level acceptance, and they involved politics, law, and security. Iraq and Afghanistan demonstrate that these two enterprises are not different and disconnected, but rather intricately interconnected and complementary. This Note explores …

The Right’S Reasons: Constitutional Conflict And The Spread Of Woman-Protective Anti-Abortion Argument, Reva B. Siegel

Duke Law Journal

No abstract provided.

Generals In Three-Piece Suits—Contractors In Camouflage: A Critical Assessment Of Contractors In Iraq, Wyman E. Shuler Iii

Graduate Program in International Studies Theses & Dissertations

Contractors compose part of the total force for U.S. warfare capability in Iraq.

Some augment U.S. warfare capability; others do not. Some of the contractors are controlled by the military; others are controlled by civilian (nonmilitary/political) government agencies. The problem: Who are the contractors and how has the nature of government oversight and control over contractors determined whether contractor contributions augment or diminish U.S. warfare capability in the Iraq War?

Argument: It is the degree of government control over contractors that determines whether the contractors' contributions have a positive or negative impact on warfare capability. Ultimately the findings support …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Gendering The President Male: Executive Authority Beyond Rule-Of-Law Constitutionalism In The American Context, Larry Catá Backer

FIU Law Review

No abstract provided.

Latino Masculinities Under The Microscope: Stereotyping And Counterstereotyping On Five Seasons Of Csi: Miami, Diane J. Klein

FIU Law Review

No abstract provided.

Blending The Battlefield: An Analysis Of Using Private Military Companies To Support Military Operations In Iraq, Heather L. Gallup

Theses and Dissertations

Over the past fifteen years, the Department of Defense has experienced an increasing trend in the outsourcing and privatization of military operations. Key factors contributing to the growth include declines in military budgets, reductions in active duty end-strength, increases in operational deployments, advancements in weapon system technology, and evolutions in the nature of warfare. However, the continued escalation of incorporating Private Military Companies (PMCs) on the battlefield creates unique challenges. The purpose of this exploratory and descriptive research is to identify utilization rates, describe the types of roles being fulfilled, and synthesize the challenges of augmenting military manpower with civilian …

The Future Of International Criminal Justice, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 19, 2008, the Honorable Richard Goldstone, former justice on the Constitutional Court of South Africa, delivered the Georgetown Law Center’s twenty-eithth Annual Philip A. Hart Memorial Lecture: "The Future of International Criminal Justice."

Goldstone graduated from the University of the Witwatersrand with a BA LLB cum laude in 1962. After graduating, he practiced as an advocate at the Johannesburg Bar.

In 1976 he was appointed senior counsel and in 1980 was made a judge of the Transvaal Supreme Court. In 1989 he was appointed to the Appellate Division.

From 1991 to 1994 he served as the chairperson of …

Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

Women human rights defenders need to work closely with feminist human rights defenders; both groups must empower each other and promote gender-sensitization of other members of the rights movements against militarization.

Despite the fact that women’s human rights defenders in the women’s movements have brought about some positive legal changes for women’s human rights, there are political, economic and social patriarchal contexts, especially through militarization, that obstruct ideal legislation and enforcement to cover all areas which have been identified in international instruments, especially the Convention on the Elimination of All Discrimination against Women and the Declaration on the Elimination of …

A Welfare State Of Civil Rights: The Triumph Of The Therapeutic In American Constitutional Law, Daniel F. Piar

William & Mary Bill of Rights Journal

This Article examines the influence of the therapeutic culture on the modem constitutional law of civil rights. The therapeutic culture is defined as one in which the central moral question is individual fulfillment. That culture has sprung up to replace older cultures such as Protestantism and classical republicanism, which are no longer capable of appealing to a nation as diverse as the United States. Instead of asking whether individuals or the nation conform to some external moral system, the therapeutic culture asks whether individuals are happy or fulfilled. This Article demonstrates that the therapeutic culture has had a significant effect …

Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz

William & Mary Law Review

No abstract provided.

Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington

William & Mary Law Review

No abstract provided.

A Constitution Between Past And Future, Kim Lane Scheppele

William & Mary Law Review

No abstract provided.

Money Or Nothing: The Adverse Environmental Consequences Of Uncompensated Land Use Controls, Jonathan H. Adler

Faculty Publications

The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to other environmental regulations that create similar incentives--demonstrate that failing to compensate private landowners for the costs of regulation discourages voluntary conservation efforts and can encourage the destruction of environmental resources. The lack of a compensation requirement also means that land use regulation is "underpriced" as compared to other environmental protection measures for which government agencies must pay. …

From New London To Norwood: A Year In The Life Of Eminent Domain, Andrew S. Han

Duke Law Journal

A little more than a year after the U.S. Supreme Court's decision in Kelo v. City of New London upheld the use of eminent domain for economic development, the Ohio Supreme Court became the first state supreme court to address a factual situation raising the same issues. In City of Norwood v. Horney, the Ohio court repudiated the Kelo rationale and rejected Norwood's proposed takings. Property rights advocates quickly hailed Norwood as a model for other state courts to follow in defending individual land owners from eminent domain abuse. This Note argues that Norwood's holding is incoherent and does nothing …

Bringing Sexy Brac: The Case For Allowing Local Governments To Control Environmental Cleanup In The Military Base Closure And Redevelopment Process, Thomas William "T.W." Bruno

William & Mary Environmental Law and Policy Review

No abstract provided.

Fighting Terrorism: Assessing Israel's Use Of Force In Response To Hezbollah, Zachary Myers

San Diego Law Review

The Israel-Lebanon conflict has highlighted difficult questions surrounding military responses to terrorist attacks. While Israel's response was forceful, this Comment argues that it was legitimate under international law. There are inevitable problems that arise when a nation faces a terrorist militia that hides among civilians and generally operates outside the confines of international law. The wisdom of maintaining rigid laws of war given changing battlefield norms is a topic that is outside the scope of this Comment. Instead, this Comment will closely analyze Israel's controversial actions both under the international customary rules of war and the sometimes aspirational Protocol I …

Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit

William & Mary Environmental Law and Policy Review

No abstract provided.