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Articles 6871 - 6900 of 13097
Full-Text Articles in Entire DC Network
These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers
These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers
First Amendment Law Review
No abstract provided.
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson
Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
American University, WCL Research Paper No. 2008-74 Abstract: The war on terror and the war in Iraq have occasioned a ferocious debate over the Bush administration's commitment to neo-conservatism as the guiding philosophy behind war aiming at democratic transformation. Two recent, widely noticed 2006 books have attacked neo-conservatism - one, by a former neoconservative, Francis Fukuyama (After the Neocons: America at the Crossroads), and a second, by a centrist liberal, Peter Beinart (The Good Fight). Each seeks to anatomize neo-conservatism and what, in each author's view, has gone wrong with it; each seeks to offer an alternative foreign policy. This …
The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz
The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz
ExpressO
A step into just about any state prison in the United States reveals an institution plagued by over-population, with just about every prison running at more than 100% capacity. The problem, of course, is not new but one that has received great attention. In the past decade or so the solution has been privatization of state prisons. Proponents of privatization have pushed forth the idea that private institutions are the solution to prison overcrowding. However, by looking to for-profit private institutions as a means to resolving the problems of the penal system, are legislators in fact ensuring that the problems …
The Structure Of The Asymmetric Tax Treaty Network: Theory And Implications , Eduardo A. Baistrocchi
The Structure Of The Asymmetric Tax Treaty Network: Theory And Implications , Eduardo A. Baistrocchi
ExpressO
Certain parts of the international tax system are largely unexplored from a structural perspective. One prominent example is the asymmetric tax treaty network, i.e., the network that consists of bilateral tax treaties concluded between developed and emerging countries on the basis of the OECD Model Tax Convention on Income and on Capital (OECD model). The relative size of this network is substantial. For instance, the United States´ asymmetric tax treaty network represents about 53% of its entire tax treaty network. This Article offers a structural analysis of the asymmetric tax treaty network. It answers two fundamental questions. First, it elaborates …
Judicial Review And The War On Terror, John C. Yoo
Judicial Review And The War On Terror, John C. Yoo
ExpressO
This article examines the role of the federal courts in the war on terrorism, and contrasts the different judicial roles in reviewing decisions about the conduct of war abroad and within the United States. It explains that judicial refusal to adjudicate questions concerning the initiation and conduct of the war abroad is consistent with a narrow view of judicial review and the political question doctrine. Because the Constitution allocates different war powers to the President and Congress, allowing them to shape warmaking through the interaction of these powers, there is no single, constitutionally-required process for making war that requires judicial …
If People Would Be Outraged By Their Rulings, Should Judges Care?, Cass R. Sunstein
If People Would Be Outraged By Their Rulings, Should Judges Care?, Cass R. Sunstein
Public Law and Legal Theory Working Papers
At first glance, it is puzzling to suggest that courts should care whether the public would be outraged by their decisions; judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause it is meant to promote or impose serious social harms, judges have reason to hesitate on consequentialist grounds. The prospect of public outrage might also suggest that the Court’s ruling would be incorrect on the merits; if most people disagree with the …
If People Would Be Outraged By Their Rulings, Should Judges Care?, Cass R. Sunstein
If People Would Be Outraged By Their Rulings, Should Judges Care?, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
At first glance, it is puzzling to suggest that courts should care whether the public would be outraged by their decisions; judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause it is meant to promote or impose serious social harms, judges have reason to hesitate on consequentialist grounds. The prospect of public outrage might also suggest that the Court's ruling would be incorrect on the merits; if most people disagree with the …
Law And Heidegger’S Question Concerning Technology: A Prolegomenon To Future Law Librarianship, Paul D. Callister
Law And Heidegger’S Question Concerning Technology: A Prolegomenon To Future Law Librarianship, Paul D. Callister
ExpressO
Following World War II, the German philosopher Martin Heidegger offered one of the most potent criticisms of technology and modern life. His nightmare is a world whose essence has been reduced to the functional equivalent of “a giant gasoline station, an energy source for modern technology and industry. This relation of man to the world [is] in principle a technical one . . . . [It is] altogether alien to former ages and histories.” For Heidegger, the problem is not technology itself, but the technical mode of thinking that has accompanied it. Such a viewpoint of the world is a …
The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani
The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani
ExpressO
The assaults on Fallujah by the United States military in April and November 2004 involved the use of white phosphorus. White phosphorus has extremely damaging effects on the health of victims, including severe burns and irritation of the respiratory system. This article examines whether the use of white phosphorus was a violation of the Chemical Weapons Convention, Protocol III to the Convention on Conventional Weapons and international humanitarian law. It concludes that the use of white phosphorus was illegal as it could be argued to be a chemical weapon, a riot control agent, or incendiary weapon. Furthermore, the methods and …
Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen
Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen
ILSA Journal of International & Comparative Law
The theme of our presentation is "Military Jurisprudence: Bastion of Conservatism or Progressive Problem Solver."
Targeted Killings And The Soliders' Right To Life, Solon Solomon
Targeted Killings And The Soliders' Right To Life, Solon Solomon
ILSA Journal of International & Comparative Law
Targeted killings are a major, albeit controversial, policy in the modern war against terror.
Conspiracy Theories And The Marketplace Of Facts, David S. Han
Conspiracy Theories And The Marketplace Of Facts, David S. Han
First Amendment Law Review
No abstract provided.
Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss
Ruminations On The Past, Present And Future Of International Labor Standards: Empowering Law In The Brave New Economic World, Marley S. Weiss
Faculty Scholarship
International labor standards are among the oldest international standards pertaining to the conduct of private, as well as public, economic actors. Far from being settled, however, nearly every aspect of the current international labor standards regime is in flux: the role of labor standards in the international legal, economic, political, and social order, as well as in the parallel domestic orders; the modes by which standards are brought into being; the manner and means of their implementation and enforcement; the degree to which they may be binding solely on nation-state parties, and enforceable only at their behest; and the extent …
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Eminent Domain: A Legal And Economic Critique, Nadia E. Nedzel, Walter Block
Eminent Domain: A Legal And Economic Critique, Nadia E. Nedzel, Walter Block
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Two-Front War, Saikrishna Prakash
What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble
What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble
Articles
No abstract provided.
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page
Faculty Publications
For decades, Americans have argued about who may marry and what marriage actually means in legal, religious, and philosophical terms. For almost as long, two problems - the rising divorce rate and the poverty of some "divorced" children and their custodians - have fed concerns about the viability of marriage as an institution that promotes domestic stability and economic security. This Article explores the notion that domestic partnership based upon business partnership law would better serve more couples, their families, and society as a whole. It proposes a Uniform Domestic Partnership Act, loosely modeled after the UPA, as a substitute …
Youngstown, Hamdan, And “Inherent” Emergency Presidential Policymaking Powers, Gordon G. Young
Youngstown, Hamdan, And “Inherent” Emergency Presidential Policymaking Powers, Gordon G. Young
Maryland Law Review
No abstract provided.
Habeas Corpus And The War On Terror, John A. Sholar Jr.
Habeas Corpus And The War On Terror, John A. Sholar Jr.
Duquesne Law Review
No abstract provided.
Constitutional Crisis Or Deja Vu? - The War Power, The Bush Administration And The War On Terror, Sarah M. Riley
Constitutional Crisis Or Deja Vu? - The War Power, The Bush Administration And The War On Terror, Sarah M. Riley
Duquesne Law Review
No abstract provided.
Ten Questions: Responses Of Robert F. Turner, Robert F. Turner
Ten Questions: Responses Of Robert F. Turner, Robert F. Turner
William Mitchell Law Review
No abstract provided.
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …
In The Heat Of The Law, It’S Not Just Steam: Geothermalresources And The Impacts On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant
In The Heat Of The Law, It’S Not Just Steam: Geothermalresources And The Impacts On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant
UC Law Environmental Journal
No abstract provided.
Is Public Reason Counterproductive?, Eduardo Peñalver
If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein
If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein
Articles
At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause that it is meant to promote or impose serious social harms, judges might have reason to hesitate on consequentialist grounds. The prospect ofpublic outrage might also suggest that the court's ruling would be incorrect on the merits; if most people disagree with the court's decision, perhaps the court is wrong. Those who adopt a method of constitutional interpretation on consequentialist …
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Articles
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.