Digital Commons Network^™

Professor Elbert Gates: A Recollection, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Is A Giant Inflatable Rat An Unlawful Secondary Picket Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act?, Tzvi Mackson-Landsberg

Cardozo Law Review

No abstract provided.

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Abuse Prevention 2005, James J. White

Missouri Law Review

The 2005 amendments to the Bankruptcy Code (BAPCPA or Act) that became effective in October of 2005 had an unusually long and difficult gestation. The legislation was conceived and even passed by Congress once during the Clinton administration. After President Clinton's pocket veto, the Act did not again reach a President's desk until President George W. Bush signed the Act into law on April 20, 2005, during the first year of his second term. The Act was conceived by institutional unsecured consumer creditors as the antidote to the rapidly rising number of consumer bankruptcies that followed the enactment of the …

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen

International Law Studies

No abstract provided.

The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye

International Law Studies

No abstract provided.

Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.

A V. Migdal Insurance Company Ltd., Eliezer Rivlin, Aharon Barak, Dorit Beinisch

Translated Opinions

Facts: The appellant in CA 11152/04 (‘the appellant’) was injured in a road accident. As a result of the accident, his sexual functioning was impaired. The main issue addressed by the court regarded the compensation awarded to the appellant for the use of escort services.

Held: The appellant did not succeed in proving, from a factual viewpoint, a need for resorting to escort services. In addition, the law of compensation does not recognize the possibility of pecuniary damages for the expenses of using escort services. Compensation for impairment of sexual functioning can be awarded for pecuniary loss, i.e. expenses for …

When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott

Duke Law & Technology Review

The National Labor Relations Act forbids employers from retaliating against certain types of employee speech or intimidating those who engage in it. This iBrief examines how blogging fits into the current statutory framework and recommends how the National Labor Relations Board and the courts should address the unique features of employee blogs.

Regulating Excessive Executive Compensation, Jerry W. Markham

2006 - The Fall and Rise of Federal Corporation Law

No abstract provided.

Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler

North Carolina Central Law Review

No abstract provided.

Oppression Through Violence: The Case Of Colombia - An Expansion Of The Fetish Object, Harris J. Corey

North Carolina Central Law Review

No abstract provided.

Animal Salvage: Cost-Effective Methods For The Preservation Of Marine Life, Jason Parent

Buffalo Environmental Law Journal

No abstract provided.

Correcting For Kelo: Social Capital Impact Assessments And The Re-Balancing Of Power Between Desperate Cities, Corporate Interests, And The Average Joe, Asmara Tekle Johnson

Cornell Journal of Law and Public Policy

No abstract provided.

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

Faculty Scholarship

This paper explores the range of values implicated by war and compares today's dominant values with those that prevailed during previous American wars, with a particular emphasis on the World War Two and early Cold War period. War is related to values, and as economists like to remind us, what we value becomes apparent in the movement of people and prices. Part I of this Article considers the moral, ethical and monetary values that prevailed throughout the 1940's and early 1950's. The normative threads that kept the World War Two effort on track were those of mobilization and shared sacrifice. …

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney

Cardozo Public Law, Policy & Ethics Journal

The article explores the tension between national security interests and procedural fairness in the use of secret evidence across non-Article III contexts, including military tribunals, Combatant Status Review Tribunals (CSRTs), and immigration courts. It examines the challenges of balancing government secrecy with individual rights, emphasizing the need for procedural safeguards to navigate this complex issue.

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Excursus: Concerning The Rulings Of R. Ovadiah Yosef Pertaining To The Thanksgiving Prayer, The Settlement Of The Land Of Israel, And Middle East Peace, Shlomo Fischer

Cardozo Law Review

No abstract provided.

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

The Humanitarian Monarchy Legislates: The International Committee Of The Red Cross And Its 161 Of Customary International Humanitarian Law, Leah M. Nicholls

Duke Journal of Comparative & International Law

No abstract provided.

Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson

Duke Law Journal

No abstract provided.

Kelo And The Games People Play: A Game-Theoretic Analysis Of Kelo V. City Of New London, Derek K. Yonai

Campbell Law Review

This article argues that the Court's holding creates an incentive for private developers to rent-seek by asking local governments to transfer private property to them instead of purchasing it in the private market. Likewise, the Court's holding creates incentives for local governments to take private property pursuant to their eminent domain powers.

Post-Disaster Tax Legislation: A Series Of Unfortunate Events, Ellen P. Aprill, Richard Schmalbeck

Duke Law Journal

When a disaster strikes the United States, Congress typically feels heavy pressure to enact legislation, including tax legislation, to provide relief. This Article discusses features of two tax legislative initiatives, which responded to two quite different disasters: first, the response to the devastation of the fall 2005 hurricane season and, then, the response to the earlier terrorist attacks on the World Trade Center and Pentagon of September 11, 2001. The Article first raises the possibility that some of the provisions of these acts may be vulnerable to indirect constitutional challenge under the Uniformity Clause. In examining some of the problems …

Political Time: Sovereignty And The Transtemporal Community, Paul W. Kahn

Cardozo Law Review

No abstract provided.

"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet

Cardozo Law Review

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.