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Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora

San Diego International Law Journal

While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …

Theory In Search Of Practice: The Right Of Innocent Passage In The Territorial Sea, Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

The evolution of the law of the sea has been shaped largely by two notions, namely, freedom of navigation on the one hand, and restricted access on the other hand. The interaction between these two opposing notions has led to the acceptance of two compromise concepts, namely, the territorial sea and the right of innocent passage. These concepts have now been codified in the 1982 United Nations Convention on the Law of the Sea. This paper examines the right of innocent passage in the territorial sea under the Law of the Sea Convention regime as matched against contemporary state practice. …

Adalah Legal Center For Arab Minority Rights In Israel V. Idf Central Commander, Aharon Barak, Mishael Cheshin, Dorit Beinisch

Translated Opinions

This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The IDF’s “advance warning” procedure stipulates that IDF soldiers who wish to arrest a Palestinian suspected of hostile terrorist activity may be assisted by a local Palestinian resident in order to give through him the advance warning to the arrestee of possible harm to him or to whoever is with him while the arrest is being made. According to the procedure, it is possible …

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.

Combatant Status Review Tribunals And The Unique Nature Of The War On Terror, Robert A. Peal

Vanderbilt Law Review

On September 11, 2001, terrorists attacked the United States, killing 2,973 innocent civilians. This was the largest loss of life on U.S. soil due to a hostile act in the nation's history. Al Qaeda, an international terrorist organization, claimed responsibility for the act. Al Qaeda had been systematically targeting U.S. civilians and service members for at least the previous nine years. In response to the attacks, the United States conducted a series of military and legal actions that were highly controversial and unprecedented. As part of these actions, the executive branch claimed the authority to detain indefinitely individuals it labeled …

The Icc Prosecutor, Collateral Damage, And Ngos: Evaluating The Risk Of A Politicized Prosecution, Richard John Galvin

University of Miami International and Comparative Law Review

No abstract provided.

Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood

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

No abstract provided.

American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler

William & Mary Environmental Law and Policy Review

No abstract provided.

Authorized Generics: Careful Balance Undone, Beth Understahl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

This article seeks to challenge a basic assumption of international law and policy, arguing that the existing state-based international legal framework stands in the way of developing effective responses to state failure. It offers an alternative theoretical framework designed to spark debate about better legal and policy responses to failed states. Although the article uses failed states as a lens to focus its arguments, it also has broad implications for how we think about sovereignty, the evolving global order, and the place of states within it.

State failure causes a wide range of humanitarian, legal, and security problems. Unsurprisingly, given …

Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig

Campbell Law Review

By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation's ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences.

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Vanderbilt Law School Faculty Publications

The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy …

The "Planes, Trains, And Automobiles" Defense To Patent Infringement For Today's Global Economy: Section 272 Of The Patent Act, Ted L. Field

ExpressO

In 2004, for the first time ever, the U.S. Court of Appeals for the Federal Circuit applied the little-known temporary-presence defense of 35 U.S.C. § 272 in National Steel Car v. Canadian Pacific Railway. Section 272 provides a defense to patent infringement where a foreign vessel, aircraft, or vehicle enters the United States temporarily to engage in international commerce. The purpose behind § 272 is to prevent domestic patent enforcement from inhibiting international trade. Although this defense may not be well known yet, the Federal Circuit’s broad interpretation of § 272 will allow the temporary-presence defense to become more important …

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

ExpressO

No abstract provided.

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Revolution has created the apparent anomaly that information, though very cheap to create and near costless to share, is managed by industries that are increasingly concentrated and roiled by endless legal warfare. This paper surveys the major legal battles by subjecting all of them to the familiar norm of "maximizing economic value added", as defined by neo-classical "welfare economics". The various legal wars are traced to defects and confusions in current legal approaches to intellectual property (the "property wars") and to antitrust doctrines (the "monopoly wars").

Beyond Our Conception: A Look At Children Born Posthumously Through Reproductive Technology And New York Intestacy Law, Erica Howard-Potter

Buffalo Women's Law Journal

No abstract provided.

Internationalizing Post-Conflict Justice: The "Hybrid" Special Court For Sierra Leone, Lisa Danish

Buffalo Human Rights Law Review

No abstract provided.

Trafficking Drugs: Afghanistan's Role In Russia's Current Drug Epidemic, Marisa L. Maskas

Tulsa Journal of Comparative and International Law

No abstract provided.

Pay Back Time In Sudan - Darfur In The International Criminal Court, Nsongurua J. Udombana

Tulsa Journal of Comparative and International Law

No abstract provided.

Kelo V. New London: An Opportunity Lost To Rehabilitate The Takings Clause, Christian M. Orme

Nevada Law Journal

No abstract provided.

The Business Of Democracy Is Democracy, John P. Mccormick, Arthur J. Jacobson

Public Law and Legal Theory Working Papers

No abstract provided.

Following The Commissions: Analysis And Implementation Of The Ocean Commission And Pew Commission Report (5th Marine Law Symposium) (September 9-11, 2004), Roger Williams University School Of Law Library

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

The Business Of Democracy Is Democracy, John P. Mccormick, Arthur J. Jacobson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett

BYU Law Review

No abstract provided.

Day 1: Wednesday, 17 August 2005: Science And The Esa, Joy Nicholopoulos, William Lewis

Endangered Species Act Congressional Field Tour (August 17-19)

43 pages (includes illustrations and map).

Contains references.

The Duty To Bargain In Good Faith: Nlrb V. Truitt Manufacturing Co. And Nlrb V. Insurance Agents’ International Union, Kenneth G. Dau-Schmidt

ExpressO

This article discusses two classic Supreme Court cases from the 1950's that explore the contours of the obligation to bargain in good faith: NLRB v. Truitt Manufacturing Co. and NLRB v. Insurance Agents' International Union. In the Truitt case, the Supreme Court held that the obligation to bargain in good faith requires an employer to open its books to the union when the employer refuses a request for a wage increase on the basis that such an increase will drive the employer out of business. In the Insurance Agents' case, the Supreme Court held that union slow-down tactics were consistent …

Court Grants No Leniency For Maritime Lien Claim,, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

International Law: A Welfarist Approach, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints, including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve, and explain some broad features of international law that otherwise …

Marriage, Pluralism, And Change: A Response To Professor Wax, Maimon Schwarzschild

San Diego Law Review

There is no formula for assessing social change and resolving the traditional, conservative opposition to same-sex marriage. To augment Professor Wax's argument, this article offers a solution to the current marriage debate. Under a value pluralism approach, a solution to same-sex marriage would entail enacting different state laws that reflect diverse values. Value pluralism suggests that there are competing and conflicting ideals in life, none of which can be reduced and answered consistently. However, value pluralism ushers in other uncertainties. This author concludes that a successful case for same-sex marriage will not arise through a formula, but rather through persuading …

International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.