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The International Review | 2006 Fall, Michael Rhee

The International Review Newsletter

No Investigation of Coalition Forces in Iraq

Bolivia: A Lot of Gas for Partial Takeover?

More Limits on Conducting the “War on Terror”?

Enforcing Your Right to Contact a Consulate?

More Scrutiny for Foreign Investors?

Programmers to Receive Benefits

A Lumbering Trade Dispute Ends

Antartica a Foreign Country? It Depends.

Tracking Your Cybersteps in Europe

Insult Laws Still Threatening Basic Liberties?

Lack of Hospitality in Mexico City?

Global Trade Talks Suspended

Membership Obligations v. Arab-Israeli Conflict

New Human Rights Body and Its Membership

United Nations: Curbing the Right to Bear Arms?

Human Trafficking Concerns

Giving Security to Securities

Touch a …

Section 8: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Defense Of Superior Orders In International Criminal Law As Portrayed In Three Trials: Eichmann, Calley And England, Natalia M. Restivo

Cornell Law School J.D. Student Research Papers

The paper is dedicated to the defense of superior orders in international law. The author discusses attempts to use this defense in three trials, - Adolf Eichmann's, William Calley's and Lynndie England's. The paper juxtaposes the trials and provides conclusions on the success of this defense in each case.

Toward A New Economic Constitution: Judicial Disciplines On Trade Politics, Sungjoon Cho

ExpressO

This article first observes that protectionism is an icon of trade politics and thus likely to gather fresh momentum as a domestic election approaches. The paper then problematizes protectionism beyond mere seasonal election politics by revealing its fatal pathologies both to the United States and to the rest of the world. Protectionism basically caters to the special interest at the expense of the larger public interest, which may be coined as a Madisonian constitutional failure. It also deviates from global trading norms, which the United States hypocritically continues to preach adherence to for the rest of the world. This double …

Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations, Asmara Tekle Johnson

ExpressO

In an age of privatization of many governmental functions such as health care, prison management, and warfare, this Article poses the question as to whether eminent domain should be among them. Unlike other privatized functions, eminent domain is a traditionally governmental and highly coercive power, akin to the government’s power to tax, to arrest individuals, and to license. It is, therefore, a very public power.

In particular, the delegation of this very public power to private, non-profit and charitable corporations has escaped the scrutiny that for-profit private actors have attracted in the wake of the U.S. Supreme Court’s decision in …

Assessing The Collateral International Consequences Of The U.S.' Removal Policy, Tara Pinkham

Buffalo Human Rights Law Review

No abstract provided.

The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi

Buffalo Public Interest Law Journal

No abstract provided.

Church, State, And Charter: Canada's Hidden Establishment Clause , Jeremy Patrick

Tulsa Journal of Comparative and International Law

No abstract provided.

Unmasking Extraordinary Renditions In The Context Of Counter-Terrorism, James M. Gallen

ExpressO

This Article will show that the term “extraordinary rendition” is of short legal history and that its conception perverts a number of basic international law principles. In doing so, it will be shown that this process is a method counter-productive to long terms goals in the War on Terrorism.

We can conclude therefore that both “rendition to justice” and “extraordinary rendition” bear little resemblance to the traditional use of the terms rendition or extradition - the recognised, legal methods of transferring a suspect of a criminal offence from one State to another.

[T]he protections of an extradition Treaty and the …

Crisis Bureaucracy: Homeland Security And The Political Design Of Legal Mandates, Mariano-Florentino Cuellar

ExpressO

Policymakers fight over bureaucratic structure because it helps shape the legal interpretations and regulatory decisions of agencies through which modern governments operate. In this article, we update positive political theories of bureaucratic structure to encompass two new issues with important implications for lawyers and political scientists: the implications of legislative responses to a crisis, and the uncertainty surrounding major bureaucratic reorganizations. The resulting perspective affords a better understanding of how agencies interpret their legal mandates and deploy their administrative discretion. We apply the theory to the creation of the Department of Homeland Security. Two principal questions surrounding this creation are …

Beyond Conspiracy? Anticipatory Prosecution And The Challenge Of Unaffiliated Terrorism, Robert Chesney

ExpressO

How early does criminal liability attach along the continuum between planning and committing a terrorist act? And in light of the answer to that question, have we struck an appropriate balance between the benefits of prevention and the off-setting costs in terms of a potentially-increased rate of false-positives and foregone opportunities to gather additional intelligence and evidence? These questions are pressing, particularly in light of statements from senior government officials that the Justice Department will be “forward-leaning” in its interpretation of its anticipatory-prosecution powers. My aim in this article is to establish a shared understanding regarding the first question in …

Sherman's March (In)To The Sea, Andrew S. Oldham

ExpressO

This Article argues that the Sherman Act is unconstitutional. At the very least, scholars and jurists must not take for granted Congress's ability to statutorily deputize the federal courts with common-lawmaking powers. The federal antitrust statute—which has been described as the Magna Carta of free enterprise—raises serious constitutional questions that have heretofore gone unexplored and unanswered. Specifically, it is difficult (if not impossible) to reconcile the Sherman Act with the separation of powers, the nondelegation doctrine, and the Supremacy Clause.

British National Parks For North Americans: What We Can Learn From A More Crowded Nation Proud Of Its Countryside, Federico Cheever

ExpressO

England and Wales contain twelve national parks coverings more than 10 percent of their landscape. Although these parks are managed as national resources, the vast majority of the land within their borders is privately owned. Although they are managed to preserve their natural qualities, they contain farms, towns and roughly 300,000 people. They contain nothing North Americans would consider wilderness. Although recognized national assets, nationally funded, they are administered by boards made up largely of local representatives. Since passage of the National Parks and Access to Countryside Act of 1949, the British have managed to develop a national park system …

The Right To Self-Determination And Statehood: The Case Of Kosovo, Besfort Rrecaj

ExpressO

Introduction To explore self-determination is, in the words of Antonio Cassese”, a way of opening a veritable Pandora’s Box.” Indeed, the historical evolution of the concept reveals that it has been subjected to ambiguity, misconception and contradictory application. Over the years, it was redefined and re-applied on the basis of the interests of particular states. More recent events, namely the dissolution of the USSR and Yugoslavia, have given a new perspective to the meaning of self-determination. In this post Cold War era, greater attention is being paid to the enforcement of human rights and with it, a broader understanding of …

Looting, Law, And Lawlessness, Stuart Green

ExpressO

As recent incidents in the wake of Hurricane Katrina and other natural and man-made disasters have illustrated, the moral content of looting spans an extraordinarily wide continuum: At one end are predatory and exploitative acts that seem deserving of even greater punishment than ordinary acts of burglary and larceny. At the other end are cases of necessity, involving otherwise law-abiding citizens who, as a result of forces beyond their control, find themselves hungry and exposed to the elements. In between these two poles lies a wide range of conduct that often involves impoverished and alienated citizens living on the edges …

Nanotechnology And The United States National Plan For Research And Development In Support Of Critical Infrastructure Protection, Lisa Campbell

Canadian Journal of Law and Technology

In an effort to predict and avert threats to national security, governments in general, and that of the United States in particular, have devoted considerable resources to developing technological systems that gather information about individuals. In the past five years, the U.S. government has collected information about the movement of individuals across and within its national borders from various sources, including border security stations, law enforcement officials, and immigration authorities. Until recently, it seemed impossible for the U.S. government to draw useful analyses from all of the data it is collecting. The sheer volume and complexity of the information made …

The Role Of News Leaks In Governance And The Law Of Journalists' Confidentiality, 1795-2005, Richard B. Kielbowicz

San Diego Law Review

When the Supreme Court first grappled with prior restraints and the rights of reporters to attend criminal trials, it looked to history and the societal functions of the media in establishing presumptions that favored the press. This Article follows a similar path. Part II sketches the role of leaks in governance between the adoption of the Constitution and World War II to underscore the integral role leaks have played in the nation's political communication. Part III shows that the general law of journalists' confidentiality before and after Branzburg developed with little regard for the distinct institutional contributions of leaks. Part …

Analysis Of Certain Aspects Of The “Long-Term Legal Strategy Project For Preserving Security And Democratic Freedoms In The War On Terrorism” Report In Light Of Customary International Law, Michael P. Hatchell

ExpressO

No abstract provided.

Establishing A Precedent In Uganda: The Legitimacy Of National Amnesties Under The Icc, Robin B. Murphy

ExpressO

After 14 years of unconscionable wrath against local civilians, including enforced recruitment of thousands of child soldiers, the rebel group The Lord’s Resistance Army (“LRA”) was offered amnesty by the Ugandan government in 2000. However, as the conflict continued unabated, the Ugandan government, for the first time in the history of the Court, referred its case to the International Criminal Court (“ICC”). The ICC Prosecutor announced the beginning of an investigation and issued warrants for seven top LRA officers in October of 2005. The potential ICC prosecution raises many questions about the jurisdiction of the new court, including whether the …

Developing Development Theory: Law & Development Orthodoxies And The Northeast Asian Experience, John K.M. Ohnesorge

ExpressO

None of the orthodox theories about law and economic development produced in recent decades has been based on a study of the "miracle" economies of Northeast Asia, nor have any of these orthodoxies seriously been tested against the Northeast Asian experience of law and development. This article conducts such a test, finding that none of these orthodoxies fares well when its claims are tested against the Northeast Asian experience. Rather than using Northeast Asia's experience to produce yet another orthodoxy, however, this article instead proposes rethinking how we understand the task of legal technical assistance, a rethinking which is based …

Symposium Transcript, Sandra Coliver, Rhonda Copelon, Joel Filártiga, Dolly Filártiga, Felice Gaer, John Huerta, Sidney Rosdeitcher, Ralph Steinhardt, Peter Weiss, Robert White

City University of New York Law Review

Editor’s Note: On June 30, 1980, the Second Circuit Court of Appeals decided Filártiga v. Peña-Irala , a groundbreaking case that used the Alien Tort Claims Act to achieve justice for victims of international human rights violations. The twenty-fifth anniversary of the Second Circuit Filártiga decision was celebrated on November 2, 2005 by the International Law Committee of the Association of the Bar of the City of New York, the Center for Constitutional Rights (CCR), and the New York City Law Review with “The Making of Filártiga v. Peña: Alien Tort Claims Act After Twenty-Five Years” at the Association of …

Internationalism And The Dilemmas Of Strategic Patriotism, John Fabian Witt

Tulsa Law Review

No abstract provided.

Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi

University of Michigan Journal of Law Reform

Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and even honored same-sex unions. This Note proposes that tribes consider their traditions as they existed before European contact, and argues that, for some tribes, same-sex civil unions are a historically and culturally appropriate answer to the modern objections to same-sex marriage.

The Minuteman Project, Gone In A Minute Or Here To Stay? The Origin, History And Future Of Citizen Activism On The United States-Mexico Border, Peter Yoxall

University of Miami Inter-American Law Review

No abstract provided.

Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer

All Faculty Scholarship

To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Squaring The Circle: Democratizing Judicial Review And The Counter-Constitutional Difficulty, Miguel Schor

ExpressO

The Article argues that the polarization in the appointments process for the United States Supreme Court creates a problem that I call the counter-constitutional difficulty. A constitution is designed to put certain decisions off limits to the workings of ordinary politics. Laws can be made and changed by majoritarian mechanisms whereas a constitution can be made and changed only by supermajoritarian mechanisms. The United States Constitution, however, has an Achilles heel. The easiest way to amend the Constitution is by changing the membership of the Supreme Court given the rigors of Article V. A number of decisions by the Court …

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.