Digital Commons Network^™

"The Government At The Mercy Of Its Contractors": How The New Deal Lawyers Reshaped The Common Law To Challenge The Defense Industry In World War Ii, Nicholas Parrillo

UC Law Journal

On the eve of the United States' entry into World War II, the Roosevelt administration tried to convince the federal judiciary to rein in the prices of defense contracts, using the doctrine of economic duress. In time of war, so the argument went, the nation depends on defense contractors for its very life, and these private firms should not be permitted to exploit public necessity for inordinate gain. This argument, had it succeeded, would have been perhaps the largest expansion of judges' common law power over big business during the twentieth century.

However, the Supreme Court, in the case of …

Beyond Higher Education: The Need For African Americans To Be "Knowledge Producers", Alex M. Johnson

The Modern American

No abstract provided.

Volume 1, Issue 2, The Modern American

The Modern American

No abstract provided.

The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi

The Modern American

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Theories Of Emergency Powers: A Comparative Analysis Of American Martial Law And The French State Of Siege, William Feldman

Cornell International Law Journal

No abstract provided.

Averting Nuclear Terrorism: Building A Global Regime Of Cooperative Threat Reduction, James C. Kraska

American University International Law Review

No abstract provided.

Islam, The Law Of War, And The U.S. Soldier, Manuel E.F. Supervielle

American University International Law Review

No abstract provided.

Conflict Of Laws Analyses For The Era Of Free Trade, Andrew J. Walker

American University International Law Review

No abstract provided.

The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses procedural challenges to proving genocide in the trial of Saddam Hussein to argue that the legitimacy of the Iraqi Special Tribunal (IST) & the proof of genocide rest on a sense of fairness, transparency, & completion of trials on a reasonable schedule. The Geneva Convention definition of genocide is discussed in terms of the impact of general verses specific intent in the International Criminal Tribunal for the former Yugoslavia (ICTY). A historical analysis of the colonial creation of Iraq relates Saddam's style of government control …

Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß

Michigan Journal of International Law

It is thus the aim of this Article to map out the international legal framework relevant for designing countermeasures against nonstate actors who convert civil aircraft into weapons of destruction. As a first step, this Article sketches out the applicable rules relating to international civil aviation security and highlights the dichotomy between nonstate actor threats and interstate threats at the base of these rules. As will be seen below, nonstate actors abusing civil aircraft as weapons of destruction is a new challenge not only in terms of destructive quality but also in a legal sense, in that the question of …

Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards

West Virginia Law Review

In Fall 2002, the Federal Trade Commission held a Workshop exploring the problem of misleading weight-loss promotional pitches. After the agency spent decades cleaning up deceptive advertising, the weight-loss industry continues to be replete with such tactics. In an attempt to more aggressively attack those deceptions, the FTC used the Workshop as a forum to suggest that media should play a more active role in screening ads for diet products and programs. Some saw this as an implied threat that the agency may begin holding media liable for publishing those ads. Media protest that this forces them into the de …

The Impact Of Hiv On The Rape Crisis In The African Great Lakes Region, Jennifer M. Hentz

Human Rights Brief

No abstract provided.

Inoculation Inventions: The Interplay Of Infringement And Immunity In The Development Of Biodefense Vaccines, Cynthia M. Ho

Journal of Health Care Law and Policy

No abstract provided.

Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh

Journal of Health Care Law and Policy

No abstract provided.

The Ten Commandments On The Courthouse Lawn And Elsewhere, Paul Finkelman

Fordham Law Review

No abstract provided.

Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni

Cornell International Law Journal

Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the …

Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross

Cornell International Law Journal

Explores the opposing opinions of the Israeli Supreme Court & the International Court of Justice (ICJ) on the legality of the security fence constructed by Israel to prevent terrorist infiltration from the Palestinian territories. It is argued that the different conclusions of the two tribunals resulted from inadequate implementation of the legal norms by the ICJ. Difficulties arising from terminological differences between the Supreme Court's judgment & the ICJ opinion are pointed out, along with basic errors related to the ICJs conclusion that the fence was not a matter of self-defense but an issue related to the realization of political …

Ending Impunity: How International Criminal Law Can Put Tyrants On Trial, Geoffrey Robertson

Cornell International Law Journal

In this keynote address to the Symposium on Milosevic & Hussein on Trial, the author argues that the two trials demonstrate that the historical immunity problem of tyrants has been solved, & have ushered in a period when international justice will have its own momentum. Historical analysis of the denial of impunity to tyrants relates the evolution of sovereign immunity in the Treaty of Westphalia, & the trials of Charles I, Louis XVI, & Napoleon. Head of state immunity was further removed in the Nuremberg Tribunals, & international accountability for international crimes was established with the trial of Prime Minister …

Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …

Going Toe To Toe: President Barak's And Chief Justice Rehnquist's Theories Of Judicial Activism, Amos N. Guiora, Erin M. Page

UC Law SF International Law Review

A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

Be Reasonable! Thoughts On The Effectiveness Of State Criticism In Enforcing International Law, Michael Y. Kieval

Michigan Journal of International Law

This Note examines the effectiveness of diplomatic criticism in enforcing international law, particularly in the counter-terrorism (or anti-insurgency) context. It is not concerned with determining what international law does or does not "in fact" allow States to do in combating terrorism and other existential threats.

Afterword "We Are Now Of The View"*: Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes

Articles

No abstract provided.

Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Villanova Law Review (1956 - )

No abstract provided.

The War On Terrorism: International Law, Clear Statement Requirements, And Constitutional Design, Curtis A. Bradley, Jack L. Goldsmith

Articles

In Congressional Authorization and the War on Terrorism,¹ we presented a framework for interpreting Congress’s September 18, 2001 Authorization for Use of Military Force² (AUMF), the central statutory enactment related to the war on terrorism. Congressional Authorization addressed a puzzling gap in the academic literature: although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.

The framework in Congressional Authorization built on …

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Articles

This Article presents a framework for interpreting Congress's September 18, 2001Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under …

Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique Eaglewoman

Faculty Scholarship

This article examines one tribal nation as an example of the many land loss issues facing Tribes at present. Through the example of the Sisseton-Wahpeton Oyate history of treaties, agreements, land cessions, and finally a federal ruling of reservation disestablishment, the policies of the United States regarding Indian lands will be shown. To reestablish the territorial boundaries of the Sisseton-Wahpeton Oyate, federal recognition is necessary in the United States. International law principles from the United Nations, the International Labor Organization, and the Organization of American States may provide legal support for the re-recognition of the reservation boundaries.

The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams

University of Miami International and Comparative Law Review

No abstract provided.

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

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

No abstract provided.