Digital Commons Network^™

2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens

Water Law Review

No abstract provided.

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

Why Care About The History Of Women In The Legal Profession, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly

Cornell International Law Journal

Examines the possibility of applying the truth commission model in Northern Ireland where the past plays a significant role in shaping daily lives & worldviews. A review of the theory & practice of truth commissions is followed by a description of Northern Ireland's long & complex conflicts that point to the need for some form of truth-seeking. Attention is given to the difficulties such a process would face. Three recent truth-seeking initiatives are critiqued: the Northern Ireland Victims' Commissioner; the Bloody Sunday Inquiry; & a series of decisions by the European Court of Human Rights. A framework is presented for …

Hamdan V. Rumsfeld, 415 F.3d 33 (D.C. Cir. 2005)- Case Summary, Larissa Eustice

Cornell International Law Journal

No abstract provided.

The Wages Of Just War, Ruti Teitel

Cornell International Law Journal

No abstract provided.

Redefining Combatants, David Whippman

Cornell International Law Journal

No abstract provided.

Defending Non-Combatants: A Reply To Richard Arneson, Burke Hendrix

Cornell International Law Journal

No abstract provided.

The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56

Military Law

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the

aftermath of …

The Territorial Temptation: A Siren Song At Sea, Bernard H. Oxman

Articles

No abstract provided.

Court Review: Volume 43, Issue 2 – Judicial Reform In Texas: A Look Back After Two Decades, Anthony Champagne

Court Review: Journal of the American Judges Association

One of the most frequently quoted comments on judicial reform is the late New Jersey Chief Justice Arthur T. Vanderbilt’s remark, “Judicial reform is not for the short-winded.” Vanderbilt’s remark illustrates a key point about judicial selection reform. Reforms do not occur simply because someone or some group in a state decides that change in the system of selection is desirable; rather, it is necessary for key interest groups in the judicial politics of a state to reach a sufficient political consensus that change can occur. A variety of factors may lead to such a consensus on the need for …

Jurisdiction Stripping In Three Acts: A Three String Serenade, Caprice L. Roberts

Villanova Law Review (1956 - )

No abstract provided.

Privacy And Information Sharing In The War On Terrorism, Peter P. Swire

Villanova Law Review (1956 - )

No abstract provided.

Master Teacher, Dearest Friend, Abraham J. Gafni

Villanova Law Review (1956 - )

No abstract provided.

The Military Commission In The War On Terrorism, Haridimos V. Thravalos

Villanova Law Review (1956 - )

No abstract provided.

Cetacean Community V. Bush: The False Hope Of Animal Rights Lingers On, Matthew Armstrong

UC Law Environmental Journal

No abstract provided.

Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos

Articles

No abstract provided.

Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin

Articles

At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Mixed Motives: Regarding Race And Racial Fortuity, Kathleen A. Bergin

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform. By Derrick Bell. Oxford University Press. 2004. Pp. 230. Reviewed by: Kathleen A. Bergin

After The 1991 Gulf War Ended, The Shiite Population In Southern Iraq And The Kurdish Population In Northern Iraq Revolted Against The Iraqi Government... : Deliberate Attacks, Imams From These Mosques Were Providing Medical Treatment And Shelter To Injured Civilians And Insurgents..., Emily J. Peters

War Crimes Memoranda

. 3) Iraqi troops entered hospitals in Basrah and Karbala and summarily murdered any males between the age of 12 and 70. Iraqi troops also murdered, tortured, and raped medical personnel who had provided treatment to insurgents. 4) Ali Hassan Al Majid rounded up male civilians (of fighting age) and ordered them to drink petrol. After these men drank the petrol, Al Majid ordered his troops to fire or personally fired himself tracer bullets into the victims so that the petrol would ignite and the victim would explode. This tactic was used to intimidate people into offering information about insurgent …

Do Any Of The Following Acts, Which Occurred During Iraq’S Invasion And Occupation Of Kuwait, Constitute Crimes Under The Iht Statute: (1) The Removal Of Food, Medical Supplies, And Medical Equipment From Kuwait To Iraq; (2) The Destruction Of Kuwaiti Assets And Infrastructures; And (3) The Destruction Of Kuwaiti Oil Wells And Oil Refineries, And The Deliberate Release Of Oil Into The Persian Gulf?, Andrew M. Katz

War Crimes Memoranda

No abstract provided.

Many Legal Scholars And Defense Attorneys Appearing Before The Iht Have Argued That, Under Relevant Principles Of International Law, A State Cannot Recognize The Consequences Of An Illegal Action…, Brian J. Field

War Crimes Memoranda

No abstract provided.

The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen

War Crimes Memoranda

No abstract provided.

Global Sociology And The Nature Of Rights, Turner

Societies Without Borders

Citizenship is fundamentally a western political and legal concept; it is also a concept relevant specifically to a national polity. By contrast human rights have been, since their formal proclamation in 1948, promoted as universal rights. The relationship between the social rights of national citizenship and the human rights of the Declaration provides a useful case study in which to discover whether sociology can provide concepts and theories that function across conceptual boundaries and territorial borders. Furthermore, human rights discourse may prove to be the primary candidate for sociology to operate as an effective discourse of global social reality. However, …

Children As Victims Of Structural Violence, Kent

Societies Without Borders

Structural violence is harm imposed by some people on others indirectly, through the social system, as they pursue their own preferences. Its effects are clear in the massive mortality of children. More than ten million children die before their fifth birthdays every single year. For most children, the immediate cause of death is a combination of malnutrition and ordinary diseases such as diarrhea, malaria, and measles. Given adequate resources, such diseases are readily managed. The limited allocation of resources to meeting children's needs is due more to the ways in which available resources are used than to the absolute shortage …

American Politics On The Edge, Aronowitz

Societies Without Borders

Currently there are two major strategies attempting to thwart the rightward lurch of United States politics: liberals and leftists who place faith in their ability to push the Democratic party away from its current center-right orientation; and the new social movements which, disdaining electoral politics and party organization have elevated the concept of "protest and resistance" to the level of a principle and social strategy. This article argues that we desperately need a discussion about the possibility and justification for the formation of a new radical party which combines the best of the electoral and extra electoral experiences of progressive …

September 11th, A Citizen's Responses (Continued), George Anastaplo

Loyola University Chicago International Law Review

No abstract provided.

From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel

Maryland Law Review

No abstract provided.

Afterword: Elite Principles: The Ali Proposals And The Politics Of Law Reform, Carl E. Scheider

Book Chapters

The Reporters of the PRINCIPLES were distinguished legal scholars who produced a serious and ambitious document. The contributors to the present volume subject the PRINCIPLES to probing, thoughtful, and illuminating analysis. At the volume's beginning, Professor Glendon puts the problems of family law in a broader perspective by examining the challenges families today face in living good lives. Now, at the volume's close, I want to put both the PRINCIPLES and the essays in a broader perspective. I need not vivisect the PRINCIPLES; that is admirably done by the essayists. Rather, I proffer a tool for understanding the PRINCIPLES more …