Digital Commons Network^™

Torts And Terror: Rethinking Deterrence Models And Catastrophic Terrorist Attack, James Kraska

American University International Law Review

No abstract provided.

Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold

Seattle University Law Review

This conference brought together nationally recognized scholars, attorneys, policymakers and activists from across the country who represent a depth of knowledge and range of viewpoints necessary to explore the intersection of corporate and First Amendment law. This discussion was sometimes heated, frequently politically surprising, and always robust. In this symposium issue, the Seattle University Law Review has captured the presentations and exchanges at this unique, multidisciplinary conference.

Reflections Of A Community Lawyer, Luz E. Herrera

The Modern American

No abstract provided.

Introduction To The Symposium On Reexamining The Law Of War, Marshall J. Breger, Marc D. Stern

Scholarly Articles

No abstract provided.

Customary International Humanitarian Law And Multinational Military Operations In Malaysia, Drew R. Atkins

Washington International Law Journal

The International Committee of the Red Cross published a study in 2005 identifying rules of customary international law applicable to armed conflict and theoretically binding on all nations. This study found that customary state practice has come to encompass and in some cases exceed protections contained in the Additional Protocols of 1977 to the Geneva Conventions of 1949, regardless of their applicability to a given conflict. These findings may impact the domestic law enforcement practices of states not parties to Additional Protocol II, which regulates non-international armed conflict. Furthermore, the study may have indirect effects on military cooperation and legal …

Jus Post Bellum: Mapping The Discipline(S) , Carsten Stahn

American University International Law Review

No abstract provided.

Filling The Void: International Legal Structures And Political Risk In Investment, Molly Zohn

Fordham International Law Journal

This Article is broken into five sections. Part I defines political risk. Part II provides a brief review of the academic literature showing the work that has been done in this area of law. Part III argues that there have indeed been oscillations in the degree of political investment risk in the world and explains that investment risks rise when changes in the world power structure cause temporary power vacuums. Once new institutions emerge for the protection of investments, the level of risk declines. Part IV discusses the current trend, in which the world is witnessing the emergence of a …

Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun

Fordham International Law Journal

This article will examine the complex relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of the use of child-soldiers. Part II will examine the international and domestic laws and instruments that protect against the use of children as soldiers. Part III will examine some literary representations of the crime of child soldiering in order to raise the readers' awareness of the depths of this atrocity. Part IV will conclude by offering practical suggestions and economic solutions to make these legal instruments more effective. Children are humanity's most valuable …

Proving State Responsibility For Genocide: The Icj In Bosnia V. Serbia And The International Commission Of Inquiry For Darfur, Ademola Abass

Fordham International Law Journal

This Article discusses the Bosnia v. Serbia case and the Darfur Inquiry and asks whether, in coming to their respective decisions on Serbia and Sudan's responsibilities, the ICJ and the ICID did all that was required of them, especially under the law of State responsibility. This Article first considers whether, despite striking similarities in the circumstances of Darfur and Srebrenica, the ICID's decision that genocide did not occur in Darfur is credible, defensible and could withstand legal analysis under international law. The analysis here juxtaposes the ICID's findings with the ICJ's decision on the Srebrenica genocide.

Responsibility To Pay: Compensating Civilian Casualties Of War, Jonathan Tracy

Human Rights Brief

No abstract provided.

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

A Tribute To Roger Groot, Frank O. Bowman Iii

Faculty Publications

A Tribute to Roger Groot

Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.

Cleveland State Law Review

This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Fordham International Law Journal

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …

Obesity, Public Health, And The Food Supply, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article proposes a three-part approach to improve the food supply. Specifically, it explores government taxing and spending, two traditional public health tools, and suggests that both of these governmental powers can be used to make healthier foods more readily reasonable prices, while increasing the cost of less healthy alternatives. Finally, it proposes that we promote a true “food democracy” through the creation of an education and awareness campaign. This campaign would not only better educate Americans about proper nutrition but would also focus on how we can change our entire relationship with food. It would encourage consumption of locally …

Shadow Or Shade: The Roles Of International Law In Palestinian-Israeli Peace Talks, Omar M. Dajani

McGeorge School of Law Scholarly Articles

Pacta sunt servanda, the cardinal rule of international law, prohibits the breaking of agreements. But what role should international law play in the making of agreements? In How Nations Behave, Louis Henkin challenges lawyers "to think beyond the substantive rules of law to the function of law, to the nature of its influence, the opportunities it offers, the limitations it imposes-as well as to understand the limits of its influence in a society of sovereign nations.' 2 In that spirit, international law scholars have redoubled efforts during the last decade to measure the influence of law on international politics, drawing …

A Tribute To Roger D. Groot: Always Mr. Groot, J. Amy Dillard

All Faculty Scholarship

No abstract provided.

Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes

Fordham Law Review

No abstract provided.

Doctors As Pawns? Law And Medical Ethics At Guantanamo Bay, Jonathan H. Marks

Seton Hall Law Review

No abstract provided.

A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays

Maryland Law Review

No abstract provided.

More Ours Than Theirs: The Uighurs, Indefinite Detention, And The Constitution, Ulysses S. Smith

Cornell International Law Journal

No abstract provided.

Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson

American University International Law Review

No abstract provided.

The Unresolved Equation Of Espionage And International Law, A. John Radsan

Michigan Journal of International Law

This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …

Speech: Modern War And Modern Law, David Kennedy

University of Baltimore Law Review

Warfare has become a legal institution. Law organizes and disciplines the military, defines the battlespace, privileges killing the enemy, and offers a common language to debate the legitimacy of waging war — down to the tactics of particular battle. At the same time, law is no longer a matter of firm distinctions — combatant and non-combatant, war and peace. It has become a flexible and strategic partner for both the military and for humanitarians seeking to restrain the violence of warfare. The relationship between modern war and modern law is made all the more complex by today's asymmetric conflicts, and …

Securitycom: A Multi-Player Game For Researching And Teaching Information Security Teams, Douglas P. Twitchell

Journal of Digital Forensics, Security and Law

A major portion of government and business organizations’ attempts to counteract information security threats is teams of security personnel. These teams often consist of personnel of diverse backgrounds in specific specialties such as network administration, application development, and business administration, resulting in possible conflicts between security, functionality, and availability. This paper discusses the use of games to teach and research information security teams and outlines research to design and build a simple, team-oriented, configurable, information security game. It will be used to study how information security teams work together to defend against attacks using a multi-player game, and to study …

Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley

Articles

Many commentators who favor expansions in international law also favor restrictions on executive authority. What these commentators often fail to recognize is the potential for conflict between these two commitments. In this Article, I consider one example of this potential conflict: the effect under international law of signed but unratified treaties.

Under contemporary treaty practice, a nation’s signature of a treaty, especially a multilateral treaty, typically does not make the nation a party to the treaty. Rather, nations become parties to treaties by an act of ratification or accession, either by depositing an instrument of ratification or accession with a …

Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore

UIC Law Review

No abstract provided.

Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner

Articles

This article introduces the role and function of truth commission and explores a number of the structural and institutional components which profoundly affect women's experiences of accountability in times of transition.

Interpreting The Phrases “Senior Leaders” And “Those Most Responsible” In The Extraordinary Chambers In The Courts Of Cambodia, Sean Morrison

War Crimes Memoranda

No abstract provided.

The Scope Of Military Necessity, Lydia Bakaki

War Crimes Memoranda

No abstract provided.