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Articles 7261 - 7290 of 13097
Full-Text Articles in Entire DC Network
Kelo Legacy: Political Accountability, Not Legislation, Is The Cure, The, Elisabeth Sperow
Kelo Legacy: Political Accountability, Not Legislation, Is The Cure, The, Elisabeth Sperow
McGeorge Law Review
No abstract provided.
The U.S. Constitution And International Law: Finding The Balance, Christopher Linde
The U.S. Constitution And International Law: Finding The Balance, Christopher Linde
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier
The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Reports of how the United States works to spread democracy around the globe bombard the American public almost daily. Ironically, as principles of democratic governance expand worldwide, the United States, once the vanguard for citizen participation in government, has fallen behind. Although the U.S. system of government has evolved - average citizens now vote directly for their national representatives - the United States still stands as one of only three major industrialized countries in the world that has failed to allow its citizens to vote in a national referendum. Referendum democracy varies from representative democracy by allowing the public a …
The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole
The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole
ILSA Journal of International & Comparative Law
This article deals with the "new" terrorism, responses to it by the Bush administration, the impact of those policies on domestic and global security, and concludes with some brief recommendations for alternative approaches to national and global security.
2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens
2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens
Articles
In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States. …
An Old Means To A Different End: The War On Terror, American Citizens... And The Treason Clause, Benjamin A. Lewis
An Old Means To A Different End: The War On Terror, American Citizens... And The Treason Clause, Benjamin A. Lewis
Hofstra Law Review
No abstract provided.
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Faculty Scholarship
No abstract provided.
When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones
When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones
Articles
No abstract provided.
Freedom Of The Press In Time Of War, Geoffrey R. Stone
World News, J.C. Sylvan, Cari Shiffman, Frank Pigott, Abigail Okrent
World News, J.C. Sylvan, Cari Shiffman, Frank Pigott, Abigail Okrent
Sustainable Development Law & Policy
No abstract provided.
Enforcing The Ban On Chemical Weapons, Mea Sucato
Enforcing The Ban On Chemical Weapons, Mea Sucato
Sustainable Development Law & Policy
No abstract provided.
Pathfinder Operations, United States Army
Pathfinder Operations, United States Army
United States Army: Field Manuals
Pathfinder Operations, United States Army Field Manual FM 3-21.38
What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton
What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton
ILSA Journal of International & Comparative Law
This paper addresses the topic of terrorism as war after September 11 th, 2001.
Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis
Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis
ILSA Journal of International & Comparative Law
The issue before our panel today is a subpart of a larger question: Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation?
Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc
Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc
ILSA Journal of International & Comparative Law
Contemporary global security threats pose a serious challenge to the existing international legal regime on the use of force.
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Hofstra Law Review
No abstract provided.
Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla
Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla
Human Rights Brief
No abstract provided.
Military Privatization: Efficiency Or Anarchy?, Mark Calaguas
Military Privatization: Efficiency Or Anarchy?, Mark Calaguas
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
The Prosecution Of War Crimes: Military Commissions And The Procedural And Substantive Protections Beyond International Law, Tim Bakken
Fordham International Law Journal
This Article examines the procedures contained in the Military Commissions Act of 2006 (“MCA”) and finds that they are consistent with the practice of prior military tribunals, domestic and international law, and recent U.S. Supreme Court decisions. The Article discusses specifically two questions that have arisen since the U.S. Supreme Court's decision in Hamdan v. Rumsfeld and Congress's subsequent passage of the MCA. First, do the procedures in the MCA comport with international standards? The Article considers the procedures arising from international agreements and those used in military tribunals during and after World War II, the international tribunals for Rwanda, …
Just Warefare Theory And Noncombatant Immunity, Richard J. Arneson
Just Warefare Theory And Noncombatant Immunity, Richard J. Arneson
Cornell International Law Journal
No abstract provided.
Theory In Search Of Practice: The Right Of Innocent Passage In The Territorial Sea, William K. Agyebeng
Theory In Search Of Practice: The Right Of Innocent Passage In The Territorial Sea, William K. Agyebeng
Cornell International Law Journal
No abstract provided.
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Michigan Journal of International Law
This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, and define a lawful basis or approach to sharing power when governments are confronted with the aforementioned scenario. The Article is polemical and questions the dominant logic that political power-sharing is lawful, legitimate, and unequivocally serves the public good, arguing that power-sharing deals that ignore controlling rules are unlawful and not viable.
Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson
Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson
Fordham International Law Journal
This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonstration that, even where the State enjoys an exclusive monopoly on the application of sanctions with impunity, it need not be the actual source of every rule it recognizes or applies as law.
Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman
Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman
Fordham International Law Journal
This Essay examines the Bush Administration's use of a tactic in the “War on Terror” called “extraordinary rendition.” The term extraordinary rendition refers to the process by which alleged terrorists are captured by the U.S. Government, transferred to another country, interrogated, and possibly tortured--all without judicial involvement--so the U.S. Government may attempt to uncover possible terrorist activity. Extraordinary rendition thus differs from ordinary forms of rendition, since the latter refers broadly to any circumstance where a government takes or transfers custody of a person by means of procedures outside those of extradition treaties.
Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton
Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton
Fordham International Law Journal
One phrase from a memorandum issued by President George W. Bush early in the War on Terror offers an effective summary of a radically transformed military doctrine. “As a matter of policy,” Bush wrote, “the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The statement offered a sense of assurance of continuity of U.S. military doctrine, which many generations viewed as being at or near the vanguard in assuring high standards for the treatment of military prisoners. This was …
Toward An Accountability-Based Definition Of Mercenary, Ryan M. Scoville
Toward An Accountability-Based Definition Of Mercenary, Ryan M. Scoville
Faculty Publications
Mercenary violence is an increasingly serious threat to international security. From a legal perspective, the development of this threat is problematic because the international treaties that regulate "mercenaries" operate on a flawed definition of the concept. Even the most recent definition neither accounts for changes in global security over the past decade nor reflects the fundamental problem with mercenaries - the fact that they are not state-accountable actors. These deficiencies have contributed to the spread of mercenary activity by complicating treaty enforcement and undermining state support for the current law. This Note therefore proposes a new definition of "mercenary." The …
Assessing The Laws And Customs Of War: The Publication Of Customary International Humanitarian Law, Jean-Marie Henckaerts
Assessing The Laws And Customs Of War: The Publication Of Customary International Humanitarian Law, Jean-Marie Henckaerts
Human Rights Brief
No abstract provided.
Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts
Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts
Faculty Publications
Natural disasters and terrorism events of a massive scale are "difficult risks." They are difficult (or, if large enough, impossible) to insure, and they present enormous risk-management challenges. Indeed, we are now in an era when difficult risks are the dominant feature of the risk-management landscape. These kinds of risks are inevitably multi-jurisdictional in nature, and managing them effectively requires a cohesive, comprehensive national catastrophe policy involving ex ante prevention and mitigation measures, effective risk allocation through insurance mechanisms, and ex post victim-compensation strategies. Although our nation is not yet close to establishing a much-needed and increasingly discussed national catastrophe …
A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise On Federalism And Individual Rights, Patrick M. Garry
A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise On Federalism And Individual Rights, Patrick M. Garry
Seton Hall Law Review
No abstract provided.
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Journal of Health Care Law and Policy
No abstract provided.