Digital Commons Network^™

Entering Unprecedented Terrain: Charting A Method To Reduce Madness In Post-9/11 Power And Rights Conflicts, Mario L. Barnes, F. Greg Bowman

University of Miami Law Review

No abstract provided.

Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram

Faculty Scholarship

No abstract provided.

Reasonable Foreseeability In Information Security Law: A Forensic Analysis, Meiring De Villiers

UC Law SF Communications and Entertainment Journal

Businesses, non-profit organizations and government agencies regularly compile and maintain electronic databases of information about individuals who interact with these institutions. This article presents an analysis of civil liability for failure to safeguard confidential information. It focuses on the situation where a database owner failed to patch a computer security vulnerability which facilitated compromise of sensitive information. In a civil action against a database owner, foreseeability of exploitation of the vulnerability at issue is a key element of the liability analysis. The article provides judicial decision makers with the theoretical basis and a practical methodology to make an informed and …

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

Faculty Articles

The first generation of this article was written and published by The Scholar in 2006.1 Because the trend to accessing legal materials is geared more and more toward the Internet, the tour of the book world that was the focus of the original article requires expansion to include those sources available on the World Wide Web.2 Thus, this article contains most of the content in the original article, and then is supplemented by discussions of content currently available from online legal resources.

The Death Penalty In America: Riding The Trojan Horse Of The Civil War, Michael S. Brazao

The Modern American

No abstract provided.

Interpreting The Law Of War: Rewriting The Rules Of Engagement To Police Iraq, Karen P. Seifert

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

No abstract provided.

Protecting Financial Markets: Lessons From The Subprime Mortgage Meltdown, Steven L. Schwarcz

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

No abstract provided.

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

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

No abstract provided.

Horizontal Federalism, Allan Erbsen

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

No abstract provided.

Our Most Precious Resource: How South Korea Is Poised To Change The Landscape Of International Adoption, Catherine M. Bitzan

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Intervention And Post-Conflict Natural Resource Governance: Lessons From Liberia, Luke A. Whittemore

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The New Age Of Space Law: The Outer Space Treaty And The Weaponization Of Space, Adam G. Quinn

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Is Fame All There Is? - Beating Global Monopolists At Their Own Marketing Game, 40 Geo. Wash. Int'l L. Rev. 123 (2008), Doris E. Long

UIC Law Open Access Faculty Scholarship

In the global economy of the twenty-first century, "coca-colanization" has become a painful economic reality for developing nations. With new branding strategies and a legal protection regime that favors the famous marks of global monopolists, local businesses are not only losing market share, they are also losing their ability to compete in a new environment where leveraged marks often have little relevance to the actual value of the products or services for local consumers. To counter these trends, and add rationality to the global trademark regime, developing countries must develop new strategies and a conscious policy that not only values …

Neuroimaging Research Into Disorders Of Consciousness: Moral Imperative Or Ethical And Legal Failure, Stacey A. Tovino

Faculty Articles

In this article I explore the ethical and legal implications of enrolling individuals with disorders of consciousness (DOC) in neuroimaging research studies. Many scientists have strongly emphasized the need for additional neuroimaging research into DOC, characterizing the conduct of such studies as morally imperative. On the other hand, institutional review boards (IRBs) charged with approving research protocols, scientific journals deciding whether to publish study results, and federal agencies that disburse grant money have limited the conduct, publication, and funding of consciousness investigations based on ethical and legal concerns. Following a detailed examination of the risks and benefits of neuroimaging research …

Wrapping Themselves In The American Flag: The Alien Tort Statute, Private Military Contractors, And U.S. Foreign Relations, Thomas B. Harvey

Saint Louis University Law Journal

No abstract provided.

Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa

UC Law SF Journal on Gender and Justice

This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural …

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

Faculty Scholarship

Tribal commerce created the current highways that stretch from coast-to-coast in North America today. The roads that are traveled by semi-trucks full of cargo, grocery produce, and all manner of commercial goods are on top of the ancient trade routes Natives have traveled for centuries. Unfortunately, the history and sophistication of Native commercial activities have been largely suppressed and left out of the story of the North American continent as Euro-Americans rewrote the continent’s history to reflect the glorification of colonization. The truth is that there was no need for the 'rugged pioneer' to cut through tall grass to head …

Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon

William Mitchell Law Review

No abstract provided.

The Political Question Doctrine And Civil Liability For Contracting Companies On The “Battlefield”, Jeffrey F. Addicott

Faculty Articles

While the use of civilian contractors to support military operations is not a new phenomenon, their use in the War on Terror is unprecedented. The numbers of civilian contractors in active combat zones and the specific activities they perform have significant legal and policy ramifications.

Recent case law associated with civil complaints brought in American courts against contracting companies operating in battlefield environments has given rise to a “political question” doctrine. This doctrine excludes from judicial review all controversies involving policy choices and other value determinations that the Constitution reserves to the Congress and the Executive for resolution.

Due to …

Judicial Foreign Policy: Lessons From The 1790s, David Sloss

Saint Louis University Law Journal

No abstract provided.

Local Laws Restricting The Freedom Of Undocumented Immigrants As Violations Of Equal Protection And Principles Of Federal Preemption, L. Darnell Weeden

Saint Louis University Law Journal

No abstract provided.

Teaching Cyberlaw, Eric Goldman

Saint Louis University Law Journal

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 Civil War In U.S. Foreign Relations Law: A Dress Rehearsal For Modern Transformations, Thomas H. Lee

Saint Louis University Law Journal

No abstract provided.

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

This essay explores the ways that the Four Freedoms were intended to address the dire circumstances of the Second World War. It analyzes the historical context of the 1940s in which the Four Freedoms first emerged, how they formed the basis of the International Bill of Human Rights, and how they evolved over the decades that followed. This essay argues that, restored to their proper place at the center of U.S. policy, the Four Freedoms promise a more principled and more effective grand strategy than the “Global War on Terrorism.” Part I introduces the argument that the Four Freedoms remain …

The Rise Of Outsourcing In Modern Warfare : Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

In this Article, we will examine the world order implications of combat privatization through the prism of the world constitutive process. This process is one of continuing communication and collaboration that examines, refines, and allocates competence in the international system. The process of contextual mapping might shed light on the terms associated with, and concepts communicated by, privatized military combat, which might be better understood when the contexts in which they are used are illuminated in a discriminating manner. Their multiple meanings are given coherence when we appreciate the divergent contexts within which they are used. To develop the appropriate …

"The Constitution Follows The Flag...But Doesn't Quite Catch Up With It": The Story Of Downes V. Bidwell, Pedro A. Malavet

UF Law Faculty Publications

Some may consider a 1901 case to be ancient history, but Downes v. Bidwell and its progeny still govern all of these regions. This chapter will explore the Insular Cases as a way to understand the role of race in articulating the relationship between American territorial expansion and American citizenship-between American empire and American democracy. The chapter begins by historicizing the Downes opinion. My aim here is threefold: (1) to provide a brief description of the effects of Spanish colonial rule on Puerto Rico; (2) to set forth the circumstances leading up to the Spanish American War; and (3) to …

The Killing Fields: Reducing The Casualties In The Battle Between U.S. Species Protection Law And U.S. Pesticide Law, Mary Jane Angelo

UF Law Faculty Publications

For the past 35 years, the conflicting goals, standards, focuses, and methods of United States species protection laws and United States pesticide law have produced a fierce legal battle. The unwitting casualties of this battle are the millions of birds, fish, and other wildlife that have been killed, and the hundreds of protected species put at risk of extinction. This battle has intensified in recent years, as environmental organizations have sued the United States Environmental Protection Agency ("EPA") for its continued failure to comply with the Endangered Species Act ("ESA"). In response, EPA has invoked numerous legal and regulatory strategies, …

Liberal Paradox: Immigrants, Markets And Rights In The United States, The, James F. Hollifield, Valerie F. Hunt, Daniel J. Tichenor

SMU Law Review

No abstract provided.

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

SMU Law Review

No abstract provided.

Unexpected Plans, Alberto Gonzales

St. Thomas Law Review

This speech was presented on March 13, 2008, at the National Conference of Law Reviews in Key Biscayne, Florida.