Digital Commons Network^™

Can Terrorist Acts Be Considered Crimes Against Humanity Or War Crimes?, Bradley Olson

War Crimes Memoranda

No abstract provided.

Did The Transitional Assembly Have The Constitutional Powers To Revise The Statute Of The Iraqi Special Tribunal Without Amending The Law Of Administration For The State Of Iraq For The Transitional Period (Tal)?, James T. Tsai

War Crimes Memoranda

No abstract provided.

Prosecuting Plunder And Pillage Within The Framework Of Internal Armed Conflicts, Amanda J. Perkett

War Crimes Memoranda

No abstract provided.

The Criminal Culpability Of The Defendants And Saddam Hussein In Connection With The Treatment Of The People Of The Village Of Al-Dujayl, Prathima C. Reddy

War Crimes Memoranda

No abstract provided.

The Ma’Dan (Marsh Arabs) And What Constitutes A Crime Against Humanity Through Environmental Attacks, Shane A. Brinkman

War Crimes Memoranda

No abstract provided.

Were The Atrocities Committed By Saddam Hussein Against The Citizens Of Al-Dujail, In Response To A Failed Assassination Attempt In 1982, Justified As A Lawful Exercise Of Self Defense Under International Law?, Eric Reeves

War Crimes Memoranda

No abstract provided.

What Are The Contours Of The Crime Of Aggression In International Law As It Would Apply To The Iraqi Attack On Iran And Iraqi Attack On Kuwait? What Defenses Are Uniquely Available With Respect To This Crime?, Katherine Mowat

War Crimes Memoranda

No abstract provided.

Supranationalism And The Superpower Rubicon, Imtiaz Hussain

Human Rights & Human Welfare

A review of:

The Chapter VII Powers of the United Nations Security Council by Erika de Wet. Portland, OR: Hart Publishing, 2004. 413pp.

An American Tragedy: The Decline Of U.S. Unionism And Its Human Rights Implications, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards by Lance Compa. Ithaca: Cornell University Press, 2004. 220pp.

Neotrusteeship In Afghanistan, Melanie Kawano

Human Rights & Human Welfare

Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.

State-Building In Afghanistan, Melanie Kawano, Amy Mcguire

Human Rights & Human Welfare

Since the U.S. intervention in Afghanistan in late 2001, Afghan citizens and members of the global community have been grappling with the question of how to build a state that can fill the void created by decades of conflict and violence. However, the concept of “state-building” is complex. The term describes both an internal process and international assistance; it requires short-term action as well as a long-term vision. While no precise formula for state-building exists, there are historical precedents and “models” of state-building expressed by great powers and multilaterals. In reality, however, these are based on best guesses that fail …

State-Building In Bosnia, Chris Saeger

Human Rights & Human Welfare

Although the idea of state-building is at least as contentious as the idea of the state itself, international technocrats and foreign policymakers remain resigned to this project. International state-building has been conceived of as maintaining intermestic social order, protecting individual rights, and consolidating transnational linkages of power. Yet whatever the motive, effect or standard form of state-building, some political organization called “the state” is a necessary condition for membership in international society, if not for protecting individual human rights.

Structures Of Violence: The Proliferation Of Atrocity Environments Under The Brazilian Military Government And The Bush Administration, Kara Martinez

Human Rights & Human Welfare

A review of:

Violence Workers: Police Torturers and Murderers Reconstruct Brazilian Atrocities by Martha K. Huggins, Mika Haritos- Fatouros, and Philip G. Zimbardo. Berkeley and Los Angeles: University of California Press, 2002. 293 pp.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Sri Lanka, Amanda Donahoe

Human Rights & Human Welfare

Sri Lanka has been entrenched in a civil war for two decades. As in ethnic conflicts in many other post-colonial countries, the different groups of Sri Lanka give loyalty primarily to the group, rather than to the entire country. The Sinhalese majority have slowly populated the government and treated the Tamil minority as a threat to national stability, instead of as candidates for conciliation and power sharing. Consequently, the Liberation Tigers of Tamil Eelam (LTTE) has taken up arms against the Sinhalese controlled government to fight for an independent homeland in the north and north-east parts of the country in …

How Will The Negotiation History Of The Rome Conference And Jurisprudence Of Ad Hoc Tribunals Aid The International Criminal Court In Its Interpretation Of The Gender-Related Provisions Unique To The Rome Statute?, Joshua Joseph

War Crimes Memoranda

No abstract provided.

From Martin Luther King To Bill Cosby: Race And Class In The Twenty-First Century, James Forman Jr.

Villanova Law Review (1956 - )

No abstract provided.

China's Economic And Political Clout Grows In Latin America At The Expense Of U.S. Interests, Juan Vega

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Trade Policy & (And) Labor Standards, Michael J. Trebilcock, Robert Howse

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Violence, Minors And The First Amendment: What Is Unprotected Speech And What Should Be?, Abby L. Schloessman Risner

Saint Louis University Public Law Review

No abstract provided.

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.

The Continuous Struggle For Representation In The Venezuelan State, Gabriel Reyes

Honors Theses

One definition of democratic participation is a process whereby citizens influence or control those who make major decisions affecting them. Throughout Venezuela’s history, citizens have suffered under governments that aimed to limit their participation in the state. This research argues that the current Chávez regime, though seeking to concentrate power for itself in the executive branch, has also forged a space for democratic participation through its Barrio Adentro program.

In its introductory chapter, this paper examines Venezuela’s political development through a comparative lens and aims to situate Barrio Adentro within the country’s unique history. First, it shows how the political …

This Changes Everything: A Call For A Directive, Goal-Oriented Principle To Guide The Exercise Of Discretion By Federal Prosecutors, Mark Osler

Valparaiso University Law Review

No abstract provided.

The Dormant Commerce Clause: Why Gibbons V. Ogden Should Be Restored To The Canon, Norman R. Williams

Saint Louis University Law Journal

No abstract provided.

Book Review: Ferrari & Durham, Law And Religion In Post-Communist Europe, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

The Problem Of The Sports Doctor: Serving Two (Or Is It Three Or Four?) Masters, Barry R. Furrow

Saint Louis University Law Journal

No abstract provided.

The Evolving Nature Of The Crime Of Genocide, 38 J. Marshall L. Rev. 1227 (2005), Ralph Ruebner

UIC Law Review

No abstract provided.

The Occupation Of Iraq, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

A Child's Journey Through The Child Welfare System, Sue Badeau `, Sarah Gesiriech, Ann M. Haralambie, Amanda George Donnelly, Donald N. Duquette

Book Chapters

Once a child is known to the child welfare agency, the child and his or her family become subject to a series of decisions made by judges, caseworkers, legal representatives, and others, all of whom have an important role to play. A child may encounter dozens of other new adults, including foster parents, counselors, and doctors. Most children (60 percent) enter foster care when removed from their homes by a child protective agency because of abuse or neglect, or both. Others (17 percent) enter care because of the absence of their parents, resulting from illness, death, disability, or other problems. …

Globalized Citizenship: Sovereignty, Security And Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

Human rights law has redefined the concepts of sovereignty and citizenship. Just as transnationalization has weakened the hegemony of the political elites (corporate economic elites and domestic ruling classes) by strengthening citizenship claims of all persons, so, too, a globalized citizenship grounded on a human rights model will strengthen personhood by denationalizing states' claims on individuals' rights. The human rights narrative has been imagined, crafted and delivered by Northern/Western powers--the hegemon--however, for the human rights model to be of utility to the globalized citizen project, it must be reconstituted with an antisubordination agenda. It must include the voices of the …