Digital Commons Network^™

Bioweapon Impacts On Public Health And The Environment, David Pimentel, Marcia Pimentel

William & Mary Environmental Law and Policy Review

No abstract provided.

State-Sponsored Crime: The Futility Of The Economic Espionage Act, Susan W. Brenner, Anthony C. Crescenzi

School of Law Faculty Publications

The United States is facing an international challenge: economic espionage, the theft of our intellectual assets and proprietary information. The events of September 11, 2001, pushed the seriousness of this activity to the far recesses of the public’s consciousness. While this threat to our national security lacks the visceral impact of September 11, the long-term national security implications (a decline in economic competitiveness) stemming from the systemic theft of intellectual property has consequences no less serious than a real-world terrorist attack. Espionage targeting intellectual assets and proprietary information is driven by the international competition characterizing a global economy. Americans have …

Preparing New Students For Legal Practice In A "Flat World", Martin H. Belsky

Akron Law Faculty Publications

I went to a law school [Columbia University] specifically because of their international program and became involved with almost all aspects of that program--which they called “transnational law.” I also did graduate work in International Affairs and Law. I was, and am, committed to incorporating transnational law concepts into the law school program. And I have had administrative responsibilities that have made me take a pragmatic approach to reaching that goal.

During this workshop, we have heard many ideas about bringing transnational law and issues into the first year curriculum. We have heard descriptions of the actions of individual faculty …

Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas

Akron Law Faculty Publications

This essay written from a historical, first-person perspective explores the parallels between the current movement for a Federal Marriage Amendment and that of the nineteenth century through the lens of feminist Elizabeth Cady Stanton. Using the archival sources of Stanton’s articles and speeches from 1880 to 1902, the paper identifies her key arguments opposing a constitutional standard of marriage. The paper then juxtaposes Stanton’s arguments against the 2004 Federal Marriage Amendment to reveal the continued relevance and import of her insights.

Stanton’s analytical platform attacked the core pretexts of federalism and gender that fueled the proposed marriage amendment in her …

The Revenue Rule: A Common Law Doctrine For The Twenty-First Century, Brena Mallinak

Duke Journal of Comparative & International Law

No abstract provided.

Recalibrating The War On Terror By Enhancing Development Practices In The Middle East, Kevin J. Fandl

Duke Journal of Comparative & International Law

No abstract provided.

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Green Berets, Blue Berets... White Berets?: How & When Republics Participate In Humanitarian Military Intervention, Paul W. Kaufman

Cardozo Journal of International and Comparative Law

No abstract provided.

Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols

ExpressO

This Article contends that American society needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end -- both within and without the United States -- which might serve as the framework for further discussions.

Within the United States, the relatively new covenant marriage …

Forced Pregnancy And The Icc, Milan Markovic

ExpressO

No abstract provided.

Book Review, Robert W. Gordon

Journal of Legal Education

No abstract provided.

Desperate Cities: Eminent Domain And Economic Development In A Post-Kelo World, Asmara Tekle Johnson

ExpressO

Kelo v. City of New London unleashed an unprecedented legislative response when the Court upheld the use of eminent domain for private economic development as consistent with the Takings Clause of the Fifth Amendment. By exhibiting an extreme deference to the legislative branch and failing to consider the current model of economic development, in which “desperate” cities have seen their economic bases contract and have embarked on fervent urban revitalization campaigns as a result, the Kelo Court failed to take into account the immense influence that large corporate interests wield in the legislature. This influence is generally exercised to the …

Before Competition: Origins Of The Internal Affairs Doctrine, Frederick Tung

ExpressO

To the modern corporate scholar and lawyer, the internal affairs doctrine seems in the natural order of things. Corporate law is state law. Each corporation is formed under the law of its chosen state of incorporation. To ensure consistency and predictability, that law must govern the corporation’s internal affairs. Yet the origin of such a doctrine is puzzling. Respecting the firm’s choice of corporate law, the doctrine forces state legislatures into competition to attract incorporations. But how did legislatures come to concede their traditional territorial regulatory authority, and instead agree to compete? This Article solves this puzzle, offering the first …

Desperate Cities: Eminent Domain And Economic Development In A Post-Kelo World, Asmara Tekle Johnson

ExpressO

Kelo v. City of New London unleashed an unprecedented legislative response when the Court upheld the use of eminent domain for private economic development as consistent with the Takings Clause of the Fifth Amendment. By exhibiting an extreme deference to the legislative branch and failing to consider the current model of economic development, in which “desperate” cities have seen their economic bases contract and have embarked on fervent urban revitalization campaigns as a result, the Kelo Court failed to take into account the immense influence that large corporate interests wield in the legislature. This influence is generally exercised to the …

Resurrection From Babel: The Cultural, Political, And Legal Status Of Christian Communities In Lebanon And Syria And Their Prospects For The Future, Alexandra R. Harrington

Tulsa Journal of Comparative and International Law

No abstract provided.

The Definition Of Terrorism And The Challenge Of Relativism, Cyrille Begorre-Bret

Cardozo Law Review

No abstract provided.

From Militant Democracy To The Preventive State?, András Sajó

Cardozo Law Review

No abstract provided.

What's The Use? The Court Takes A Stance On The Public Use Doctrine In Kelo V. City Of New London, Randy J. Bates Ii

Mercer Law Review

By a 5-4 vote in Kelo v. City of New London, the United States Supreme Court upheld the constitutionality of public takings for the purpose of private economic development under the Fifth Amendment's Public Use Clause. In holding that the takings were valid, the Court concluded that it must defer to the state legislature's judgment because the takings were beneficial to the public and were within the state's police power.

Property Tax Reassessment: Who Needs It?, Stewart E. Sterk, Mitchell L. Engler

Articles

No abstract provided.

Federal Criminal Law And Tribal Self-Determination, Kevin K. Washburn

North Carolina Law Review

No abstract provided.

The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs

ExpressO

This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.

Microsoft And Trinko: A Tale Of Two Courts, Spencer Weber Waller

ExpressO

In this comment for an upcoming symposium in the Utah Law Review in honor of the retirement of John Flynn, I examine the 2001 opinion of the DC Circuit in Microsoft and the Supreme Court's 2004 opinion in Trinko and compare them as attempts to comprehensively define the law of monopolization. Using the insights of the legal process school, I examine which opinion succeeds as a form of reasoned elaboration and which opinion will gain acceptance among lower courts and commentators in this vital area of antitrust law. I conclude that the Microsoft opinion should stand the test of time …

Genetic Residues Of Ancient Migrations: An End To Biological Essentialism And The Reification Of Race, William M. Richman

ExpressO

No abstract provided.

Necessity, Torture And Existential Politics, Christopher Kutz

ExpressO

This paper takes up the political theory sketched by the Office of Legal Counsel memorandum of August 1, 2002. That memorandum proposed a theory of executive emergency powers, including the power to use torturous interrogation techniques otherwise barred by domestic and international law. According to the memorandum, both the power to deploy torture and other forms of coercive interrogation, and the general freedom of the executive to direct policy in times of war, are grounded in a justification of necessity. The central aim of my paper is to explore the force and limits of necessity claims in moral and political …

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions, Michael Kent Curtis

ExpressO

Some invoke the legacy of Abraham Lincoln to justify largely unchecked executive power which in times of war trumps constitutional limits and guarantees of liberty. This article suggests that the Lincoln model is a poor one to follow: because some of his actions were inconsitent with democratic government, because the administration invoked the doctrine of necessity when many of the cabinet thought no necessity existed, and because in the end, Lincoln himself refused to follow his logic to its inevitable conclusion. It critiques two article by Michael Paulsen invoking Lincoln to justify largely unchecked executive power.

Death By Bluebook, Erik M. Jensen

Faculty Publications

This review considers a novel about life (and death) on the University of Chicago Law Review, where editors and associates seem to do little but have sex, connive to get ahead, have sex, kill (with Gunther's con law casebook, no less), and have sex. The reviewer, who didn't attend the U of C law school, believes it all.

Bishara V. Attorney General, Aharon Barak, Eliezer Rivlin, Esther Hayut

Translated Opinions

Facts: In 2000 and 2001, while the petitioner was a member of the Fifteenth Knesset, he made two speeches. These speeches expressed support and approval for the Hezbollah organization, which in Israel has been declared a terrorist organization, and the petitioner was indicted for offences of supporting a terrorist organization.

In 2002, prior to the elections for the Sixteenth Knesset, applications were made to the Central Elections Committee to disqualify the candidacy of the petitioner in those elections, because of what he said in the two speeches. The Central Elections Committee disqualified the petitioner from standing for election, but this …

Violating The Inviolate: Caps On Damages And The Right To Trial By Jury, Robert S. Peck

University of Dayton Law Review

Symposium issue: Tort Reform

Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur

William & Mary Bill of Rights Journal

No abstract provided.

Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.