Digital Commons Network^™

Field Marshall Douglas Haig: A Negative Leadership Lesson In Military History, Joshua E. Kastenberg

Faculty Scholarship

A very brief analysis of the “bloody mindlessness” leadership trait of Field Marshall Douglas Haig.

American Constitutional Fantasies: Escape From Difference Through Escape From Government, David C. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa

University of Miami Law Review

No abstract provided.

Making Sense Of The Sense Of Justice, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.

Reclaiming Fundamental Principles Of Criminal Law In The Darfur Case, George P. Fletcher, Jens David Ohlin

Cornell Law Faculty Publications

According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide …

Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian

ExpressO

The tension between universalism and cultural relativism lies at the heart of war crimes and war crimes prosecutions. While cultural relativism arguments should never be the basis for ignoring war crimes outside of the West (particularly in Africa), neither should the international community adopt a radical universalist approach that ignores the unique circumstances underlying each war crimes prosecution. The establishment of the ICTR, over the objection of the post-genocide Rwandan government, probably erred on the side of universalism by ignoring the legitimate needs of the Rwandan people. Nevertheless, the ICTR has appropriately adopted a “mild” cultural relativist approach in its …

Is There A Human Right To Resist Genocide?, David B. Kopel

ExpressO

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.

Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.

The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …

Nato Counterterrorism And Article 5: Hammer Of The North Atlantic Or Paper Tiger?, David D. Ayliffe

ExpressO

This paper concerns the development of the North Atlantic Treaty Organization's counterterrorism program. It seeks to analyze the legal implications of this development and the program's potential effectiveness. Specifically, the paper asserts that NATO's counterterrorism program is consistent with the drafting history of the North Atlantic Treaty and that Article 5 of the North Atlantic Treaty is sufficiently flexible to support future NATO counterterrorism missions.

Emote Control: The Substitution Of Symbol For Substance In Foreign Policy And International Law, Jules Lobel, George Loewenstein

Chicago-Kent Law Review

Historical perspectives, as well as recent work in psychology, converge on the conclusion that human behavior is the product of two or more qualitatively different neural processes that operate according to different principles and often clash with one another. We describe a specific "dual process" perspective that distinguishes between "deliberative" and "emote" control of behavior. We use this framework to shed light on a wide range of legal issues involving foreign policy, terrorism, and international law that are difficult to make sense of in terms of the traditional rational choice perspective. We argue that in these areas, the powerful influence …

Official Indiscretions: Considering Sex Bargains With Government Informants, Susan S. Kuo

Faculty Publications

This article addresses an alarming new investigatory practice employed by law enforcement officials: requiring arrestees to carry out sexual tasks as confidential informants. Requiring arrestee informants to engage in sexual activities in exchange for a reduction or possible elimination of criminal penalties they might otherwise incur raises constitutional concerns. Informants can and do accept a variety of investigative assignments. But, as this article shows by drawing on sociological research, sex tasks differ fundamentally from more conventional informant undertakings. The importance of this distinction is that while adult individuals undoubtedly can provide consent to sexual matters, the validity of such consent …

Pathways Toward Reconciliation: A Comparative Analysis, Darcie Johnson

Student Thesis Honors (1996-2008)

Human rights violations have commanded markedly different responses from international organizations, nations and affected communities. Although divergent in structure, jurisdiction and procedure, each systemic response shares a common goal − national reconciliation and social reconstruction. This paper primarily focuses on a more traditional system, the International Criminal Tribunal of Rwanda (ICTR), in an effort to compare and distinguish its reconciliatory impact with alternative systems employed by the Rwandese government, its localities and South Africa post apartheid. In order to assess the likely impact of alternative systems on a nation of genocide survivors, one must first understand the historical precursors − …

Advisory Jurisdiction Of The Icj: The Who Case: Implications For Specialized Agencies, Amit K. Meena

ExpressO

The ICJ proceedings in the case concerning 'legality of the use by a state of nuclear weapons in armed conflict' are indicative of the sharp differences of view held by different states as to the proper role and function of international organizations.

On the one hand there were some states, which proposed the view that organizations such as the WHO are established solely to fulfill those tasks which have been expressly spelled out in their constituent instruments, subject to construction of any implied powers which are absolutely necessary for achieving those objectives. In this context, and particularly with respect to …

The Case For Closing The School Of The Americas, Bill Quigley

Brigham Young University Journal of Public Law

No abstract provided.

Exhausted With The Judiciary: Deferential Oversight And The Need For Certainty In An Uncertain Time: Rasul V. Bush, 124 S.Ct. 2686(2004), Adam J. Gentile

University of Dayton Law Review

No abstract provided.

New Objectives For Cfius: Foreign Ownership, Critical Infrastructure, And Communications Interception, James A. Lewis

Federal Communications Law Journal

Global economic integration creates new risks for national security. Foreign ownership of telecommunications service providers is an area of expanding concern. Foreign ownership could multiply opportunities for espionage by increasing foreign entities' access to U.S. communications and networks as well as increasing the complexity of defenders' tasks. Foreign ownership could make law enforcement communications interception more difficult. Foreign ownership could also increase the ability of a potential opponent to disrupt critical infrastructure and the services the foreign-controlled entities provide. These concerns create interest in improving existing processes for managing the risks associated with foreign ownership--such responsibility principally lies with the …

The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham

University of Richmond Law Review

No abstract provided.

Do European Union Non-Tariff Barriers Create Economic Nuisances In The United States?, Thomas P. Redick, Michael J. Adrian

Journal of Food Law & Policy

The European Union's new traceability system for biotech crops will lead to the proliferation of non-tariff barriers affecting biotech crops. This, in turn, will lead to economic dislocation and attendant liability in the United States, which is losing billions of dollars in export trade. A chain of complex legal problems will arise for United States-based companies as they strive to trace particular genetically modified (GM) events and avoid commingling. The European Union (E. U) tracing law for biotech crops applies at each stage of commodity commerce, from grain shippers leading back through elevators, growers, and seed companies. Warranty liability could …

The Enemy Has No Future: Figure Of The >Political, Anselm Haverkamp

Cardozo Law Review

No abstract provided.

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

"Offshore” Or “Shorn Off”: The Oecd’S Harmful Tax Competition Initiative And Development In Small Island Economies, Richard Woodward

Books/Book Chapters

The difficulties of developing and executing a sustainable development program in Small Island Economies (SIEs) are well documented. Comparatively small domestic markets, remote export markets, a dearth of natural and human resources, susceptibility to environmental change and natural disasters, plus limitations on the state’s capacity to govern economic activity have narrowed the range of feasible development strategies resulting in a reliance on sectors vulnerable to the vicissitudes of the global economy.

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …

Melville's Billy Budd And Security In Times Of Crisis, Daniel J. Solove

Cardozo Law Review

No abstract provided.

A Comparative Analysis Of International Tribunals: The Formation Of An Iraqi Judiciary To Try Sadaam Hussein, Melissa L. Dougherty

ExpressO

Comparative Analysis of Tribunals regarding the formation of a Judiciary to try Sadaam Hussein. Several models are discussed: ICC, hybrid model, Rwanda model, and Yugoslav model. Interesting glimpse into the current state of the Iraqi Criminal Court.

Statecraft, Trade And The Order Of States, Dennis M. Patterson

ExpressO

No abstract provided.

The Forum (Volume 34, Number 9), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

War For Sale! Battlefield Contractors In Latin America & The 'Corporatization' Of America's War On Drugs, Kristen Mccallion

University of Miami Inter-American Law Review

No abstract provided.

'"You Have Been In Afghanistan": A Discourse On The Van Alstyne Method, Garrett Epps

All Faculty Scholarship

This essay pays tribute to William Van Alstyne, one of our foremost constitutional scholars, by applying the methods of textual interpretation he laid out in a classic essay, "Interpreting This Constitution: On the Unhelpful Contribution of Special Theories of Judicial Review." I make use of the graphical methods Van Alstyne has applied to the general study of the First Amendment to examine the Supreme Court's recent decisions in the context of the Free Exercise Clause, in particular the landmark case of "Employment Division v. Smith". The application of Van Alstyne's use of the burden of proof as an interpretive tool …

A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell

Faculty Works

This article examines the challenge of enforcing promises made to benefit the public, using environmental commitments such as wetland restoration as a central example. It argues that while contractual promises between private parties are routinely enforced, similar promises made to the public often fail due to lack of effective enforcement mechanisms. Drawing on Garrett Hardin’s “Tragedy of the Commons,” the paper explores how individual incentives discourage both performance and enforcement of such promises. The analysis highlights the limitations of agency resources, barriers to citizen enforcement, and the inadequacy of existing legal frameworks to ensure accountability for public benefit commitments. It …

Recalling The Legal Services Corporation’S Critical First Steps, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.