Digital Commons Network^™

The Global Gag Rule: Undermining National Interests By Doing Unto Foreign Women And Ngos What Cannot Be Done At Home, Nina J. Crimm

Cornell International Law Journal

No abstract provided.

Crafting Military Commissions Post-Hamdan: The Military Commissions Act Of 2006, Douglas A. Hass

Indiana Law Journal

In June 2006, the Supreme Court invalidated President Bush's military commission rules in Hamdan v. Rumsfeld. The Court held that the military commissions fell outside of the military court system established by Congress, and ruled the commissions unconstitutional as applied to both citizens and non-citizens. Congress responded with the Military Commissions Act of 2006 ("the Act"), new legislation to establish military commissions. The Act fails to balance properly the Court's fairness requirements with the extraordinary demands placed on the laws of war by terrorism.

This Note summarizes whether terrorist attacks implicate the laws of war, what protections are due parties …

Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier

Indiana Law Journal

This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural …

Vessels Of Reproduction: Forced Pregnancy And The Icc, Milan Markovic

Faculty Scholarship

In an important victory for both women and the cause of human rights, the International Criminal Court (ICC) has criminalized forced pregnancy. The Court's Statute defines forced pregnancy as "the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other violations of international law." Although the concept of a forced pregnancy crime is relatively new, "forced impregnation" has been used throughout history as a tool of assimilation or subjugation of the enemy, minority, or slave populations." There is some evidence that the ancient Athenians used it as …

A Philosopher Looks At Contemporary Terrorism, Igor Primoratz

Cardozo Law Review

No abstract provided.

The Dysfunctional Progeny Of Eugenics: Autonomy Gone Awol, Matthew D. Martin Iii

Cardozo Journal of International and Comparative Law

The article examines the ethical and legal implications of state-mandated sterilization, tracing its evolution from eugenic practices in the early 20th century to modern forms of reproductive control. It argues that such policies, whether justified by eugenics or population control, consistently violate human rights and raise significant moral concerns. The analysis critiques the Supreme Court's decision in Buck v. Bell as a landmark example of judicial endorsement of pseudoscientific discrimination, while also exploring contemporary issues like prenatal genetic testing and coercive family planning policies.

The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan

Cardozo Public Law, Policy & Ethics Journal

The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.

Somewhere To Run, Somewhere To Hide?: International Regulation Of Human Subject Experimentation, Adam H. Laughton

Duke Journal of Comparative & International Law

No abstract provided.

"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note argues that the expansion of the Espionage Act of 1917 to prosecute private citizens, as seen in the AIPAC case, poses a significant threat to press freedom and democratic governance. This shift marks a dangerous precedent, as it potentially criminalizes activities protected by the First Amendment, such as journalism, and undermines the balance between national security and the public's right to know.

International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack of judicial competence in military matters, the Court and commentators have relied on second-order interpretive norms like congressional authorization and executive branch practice in interpreting the …

International Law And Constitutional Interpretation: The Commander In Chief Clause Reconsidered, Ingrid Brunk Wuerth

Michigan Law Review

The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of interpreting the Constitution. This Article analyzes why the Commander in Chief Clause is difficult and argues that international law helps resolve some of the problems that the Clause presents. Because of weaknesses in originalist analysis, changes over time, and lack of judicial competence in military matters, the Court and commentators have relied on second-order interpretive norms like congressional authorization and executive branch practice in interpreting the …

The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer

All Faculty Scholarship

Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …

Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate

American University Law Review

No abstract provided.

Response To Reviewers, Philip Heymann

Cardozo Law Review

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Regarding Simón Y Otros: Accountability In Argentina And International Human Rights As Domestic Positive Law, Gaspar Forteza

FIU Law Review

No abstract provided.

What’S The Fuss? Constitutionalism, Internationalism, And Original Method, Francisco Valdes

FIU Law Review

No abstract provided.

Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling

O'Neill Institute Papers

In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …

Section 1: The Executive Power & The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

State Responsibility For Extraterritorial Human Rights Violations, Damira Kamchibekova

Buffalo Human Rights Law Review

No abstract provided.

Retiring The Deadliest Enemies Model Of Tribal-State Relations , Matthew L.M. Fletcher

Tulsa Law Review

No abstract provided.

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a …

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …

Is Public Reason Counterproductive?, Eduardo M. Peñalver

West Virginia Law Review

No abstract provided.

Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone

West Virginia Law Review

No abstract provided.

Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers

University of Richmond Law Review

No abstract provided.

Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish

Loyola of Los Angeles Law Review

No abstract provided.

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Facing Up To The Truth, Susan E. Waltz

Human Rights & Human Welfare

American GIs who liberated Dachau from the Nazis in April 1945 exist in our collective memory as iconic representations of the American soldier-hero: competent and capable, disciplined, principled and fundamentally good. From their collective example, we expect American soldiers to reveal, report, and excoriate war crimes. This makes it difficult to acknowledge that Americans may also commit war crimes—and on a regular basis.