Digital Commons Network^™

Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

Reflections Of A Community Lawyer, Luz E. Herrera

Faculty Scholarship

In May 2002, I opened a law office in one of the most underserved communities in Los Angeles County. Many questioned the sanity of such a career path when evaluating my financial stability and the personal toll that such a career path can exact. Given that I graduated from some of the best universities in the country, my friends, family, and strangers were even more perplexed at my choice. I cannot say that my decision to build a law practice in Compton, California, has been easy. However, time and time again, I found myself rejecting more secure and prestigious job …

The Doomsday Suction: Disaster Management In The Age Of Homeland Security, Thomas Nosewicz

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Introduction (Volume 83)

International Law Studies

No abstract provided.

Piercing The Fog: National Security, Media, And The Govenrment, Harvey Rishikof

International Law Studies

No abstract provided.

Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry

International Law Studies

No abstract provided.

Austrialian Defense Experience With Non-Government Organizations In Humanitarian Assistance And Disaster Relief Operations, Evan Carlin

International Law Studies

No abstract provided.

Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters

International Law Studies

No abstract provided.

Command Of The Commons Boast: An Invitation To Lawfer?, Craig H. Allen

International Law Studies

No abstract provided.

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.

The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen

Brigham Young University Journal of Public Law

No abstract provided.

American Indians And The New Termination Era, Roebrt Odawi Porter

Cornell Journal of Law and Public Policy

No abstract provided.

Several Initiatives On Media And Conflict Under Way, Richard C. Reuben

Faculty Publications

Both in Arizona and in other jurisdictions, both in longstanding and newly implemented programs, both currently and more than a decade ago, court-connected arbitration does not appear to reduce, but also does not substantially improve, the effectiveness and efficiency of dispute resolution. It does, however, seem to increase litigants' access to a hearing. How aspects of program structure could enhance arbitration's performance warrants further study.

Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer

All Faculty Scholarship

In 2001 - 2006, Republican leadership in the legislature circumvented procedural norms to implement an ideological agenda that precluded the minority party from making alternative proposals and voicing criticisms. With the Republican majority in the Senate falling to 50-50 in 2000, President Bush's assumption of office, despite having lost the popular vote, set the tone for what would become an era of illegitimate procedural reform cloaked in secrecy and deniability. Through closed-door conferences and closed-rules, Republican leadership in the House and Senate turned the clock back on civil liberties, passed unfavorable and convoluted tax cuts, and used transformed health care …

Private Military Industry And The Laws Of War, Mahmood Monshipouri

Human Rights & Human Welfare

The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?

Jumah Al-Dossari: What Indefinite Detention Without Charge Or Trial Looks Like, Joshua Colangelo-Bryan

City University of New York Law Review

No abstract provided.

The Unilateral Creation Of International Law During The "War On Terror:" Murder By An Unprivileged Belligerent Is Not A War Crime, Noman Goheer

City University of New York Law Review

No abstract provided.

From Darfur To Sinai To Kashmir: Ethno-Religious Conflicts And Legalization, Sandeep Gopalan

Buffalo Law Review

No abstract provided.

The Dalai Lama Speaks On Law, Rebecca R. French

Buffalo Law Review

No abstract provided.

Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review

Buffalo Law Review

No abstract provided.

International Crimes Within The White House, Jordan J. Paust

City University of New York Law Review

No abstract provided.

The "War On Terror" Through British And International Humanitarian Law Eyes: Comparative Perspective On Selected Legal Issues, David Turns

City University of New York Law Review

No abstract provided.

Tactical Level Psyop And Mildec Information Operations: How To Smartly And Lawfully Prime The Battlefield, Joshua E. Kastenberg

Faculty Scholarship

The subject matter and scope of this article is limited to providing a framework for legal oversight to the planning and execution of tactical level PSYOP and MILDEC operations. As a result, it does not cover in detail issues such as neutrality, operations conducted within the United States which impact the Constitution, or combatant command authorities and their attendant supporting and supported relations. Rather, it seeks to provide a roadmap for a JA or legal representative assigned to an IO cell in support of tactical military operations.

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.

International Courts And Tribunals, Lee M. Caplan, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Cesare P.R. Romano

Faculty Publications

This article summarizes significant developments in 2006 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the Permanent Court of Arbitration, the Iran-U.S. Claims Tribunal, the Eritrea-Ethiopia Claims Commission, and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. This article covers the period of activity from December 1, 2005, to November 30, 2006.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Remedying Trade Remedies, Sungjoon Cho

All Faculty Scholarship

Although competition has been an ideological beacon of economic governance ever since the birth of the Union, it has largely been an internal affair. External competition from foreign producers has failed to be factored into antitrust scrutiny. On the contrary, the government, through its trade policies such as antidumping remedies, has often hampered foreign competition to protect domestic producers at the expense of all the benefits that foreign competition might bring to the economy. Antidumping remedies tend to create a legal cartel: they fix the import prices and generate non-price predation by petitioners. However, the Federal Trade Commission (FTC)'s potential …

The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

Nevada Law Journal

No abstract provided.