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Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy May 2004

Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy

San Diego International Law Journal

The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …

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Brown V. Board Of Education And The Jurisprudence Of Legal Realism, William E. Nelson Apr 2004

Brown V. Board Of Education And The Jurisprudence Of Legal Realism, William E. Nelson

Saint Louis University Law Journal

No abstract provided.

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Access To Deportation Proceedings Following September 11: A Return To The Fundamentals Of Richmond Newspapers, Caroline P. Lavelle Apr 2004

Access To Deportation Proceedings Following September 11: A Return To The Fundamentals Of Richmond Newspapers, Caroline P. Lavelle

Saint Louis University Law Journal

No abstract provided.

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International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler Apr 2004

International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler

Duke Journal of Comparative & International Law

No abstract provided.

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Russian Draft Law On Special Economic Zones—A Step Forward, But Not Far Enough, Valentin A. Povarchuk Apr 2004

Russian Draft Law On Special Economic Zones—A Step Forward, But Not Far Enough, Valentin A. Povarchuk

Washington International Law Journal

The situation in the Russian Far East epitomizes the acute need for economic reform and development in Russia. The region boasts an enormous wealth of metals, oil, gas, coal, timber, and marine resources, but has long suffered from excessive dependence on the central government's administration and its accompanying historical neglect. Taking a cue from China's successful use of special economic zones as a means to encourage economic reform, some Russian policy-makers have proposed special economic zones as a means to encourage development. Russia's early laws establishing special economic zones, however, did not produce self-sustaining results due to a lack of …

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The Declining Significance Of Pow Status, Derek Jinks Apr 2004

The Declining Significance Of Pow Status, Derek Jinks

Public Law and Legal Theory Working Papers

No abstract provided.

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Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson Apr 2004

Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson

The Journal of Appellate Practice and Process

No abstract provided.

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Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin Apr 2004

Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin

The Journal of Appellate Practice and Process

No abstract provided.

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Sid Mcmath Tribute, Phillip Mcmath Apr 2004

Sid Mcmath Tribute, Phillip Mcmath

University of Arkansas at Little Rock Law Review

No abstract provided.

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Prosecutorial Misconduct In Capital Cases In The Commonwealth Of Kentucky: A Research Study 1976-2000, Roberta M. Harding, Bankole Thompson Apr 2004

Prosecutorial Misconduct In Capital Cases In The Commonwealth Of Kentucky: A Research Study 1976-2000, Roberta M. Harding, Bankole Thompson

Law Faculty Scholarly Articles

The prosecutor wields tremendous power within the American criminal justice system. When that power is misused-particularly in capital cases-tremendous injustices are perpetrated. Yet, occurrences of prosecutorial misconduct seem to occur with distressing regularity. An exhaustive study covering appeals from 1973-95 revealed that two-thirds of overturned death penalties in the United States resulted from overzealous police and prosecutors who withheld exculpatory evidence. Our study covered 55 Kentucky cases from 1976-2000 and found evidence of prosecutorial misconduct in nearly one-half of them, often with several instances per case.

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The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin Apr 2004

The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin

Cardozo Journal of International and Comparative Law

The article examines the legal reforms implemented by the Coalition Provisional Authority (CPA) in post-conflict Iraq, particularly CPA Order No. 39, which liberalizes foreign investment. These reforms are crucial for attracting foreign direct investment (FDI) to revive Iraq's economy, which has been devastated by war, sanctions, and central planning. The article highlights the importance of creating a stable legal environment, including equal treatment for foreign and domestic investors, streamlined corporate governance, and adherence to international standards. However, it also points out gaps in protections against confiscation and the need for further reforms in areas such as business immigration and tax …

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The Navy And Low Frequency Active Sonar: Stripping The Endangered Species Act Of Its Authority, Nate Cihlar Apr 2004

The Navy And Low Frequency Active Sonar: Stripping The Endangered Species Act Of Its Authority, Nate Cihlar

William & Mary Environmental Law and Policy Review

No abstract provided.

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Protective Parity And The Law Of War, Derek Jinks Apr 2004

Protective Parity And The Law Of War, Derek Jinks

Public Law and Legal Theory Working Papers

No abstract provided.

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Sexual Semiosis, Jane M. Gaines Apr 2004

Sexual Semiosis, Jane M. Gaines

Duke Journal of Gender Law & Policy

No abstract provided.

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The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer Apr 2004

The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer

William & Mary Bill of Rights Journal

No abstract provided.

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Carl Schmitt's Nomos Of The Earth, Mark Antaki Apr 2004

Carl Schmitt's Nomos Of The Earth, Mark Antaki

Osgoode Hall Law Journal

No abstract provided.

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Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson Mar 2004

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.

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Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay Mar 2004

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …

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The Constitution And The Lessons Of Rome, Louis J. Sirico Mar 2004

The Constitution And The Lessons Of Rome, Louis J. Sirico

ExpressO

This article identifies all references in The Federalist to ancient Rome and explains them and their import for the arguments favoring ratification. As our knowledge of classical civilization fades, we become less able to understand the meaning of a central document in our history. The article addresses this problem.

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Going To War With Defense Contractors: A Case Study Analysis Of Battlefield Acquisition, Ryan M. Novak Mar 2004

Going To War With Defense Contractors: A Case Study Analysis Of Battlefield Acquisition, Ryan M. Novak

Theses and Dissertations

The escalating use of contractors on the battlefield in highly critical operational areas is a trend that is increasing across the DoD. Contractors have a vital role supporting CONUS missions, but they are also on the battlefield in defense of our nation, supporting the warfighter and their weapon systems. As the use of contractors on the battlefield continues to gain favor within the DoD, and as contractor s roles continue to expand and become more critical, it is imperative to improve the current way that the DoD, and specifically Air Force acquisition professionals, procure such services. This research analyzes inputs …

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Could A Cia Or Fbi Agent Be Quartered In Your House During A War On Terrorism, Iraq Or North Korea?, Christopher J. Schmidt Mar 2004

Could A Cia Or Fbi Agent Be Quartered In Your House During A War On Terrorism, Iraq Or North Korea?, Christopher J. Schmidt

Saint Louis University Law Journal

No abstract provided.

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The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu Mar 2004

The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu

Faculty Scholarship

There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …

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The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy Mar 2004

The Bureau Of Indian Affairs And The Federal Trust Obligation To American Indians, Robert Mccarthy

Brigham Young University Journal of Public Law

No abstract provided.

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High Alert: The Government's War On The Financing Of Terrorism And Its Implication For Donors, Domestic Charitable Organizations, And Global Philanthropy, Nina J. Crimm Mar 2004

High Alert: The Government's War On The Financing Of Terrorism And Its Implication For Donors, Domestic Charitable Organizations, And Global Philanthropy, Nina J. Crimm

William & Mary Law Review

Within days after the September 11 terrorist attacks, the U.S. government extended its already existing commitment to combat terrorism. President Bush declared a financial war on terrorism, with the aim of depriving terrorists of their necessary financial support. He issued Executive Order 13,224, which ordered the blocking of assets of specially designated global terrorists.' Congress enacted legislation that not only fortified previously existing criminal and civil laws, but also added new ones for use in combating terrorists and terrorism. The Bush Administration dedicated resources to existing and newly created governmental structures that would be responsible for enforcing these laws and …

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A New Perspective On The War On Drugs: Comparing The Consequences Of Sentencing Policies In The United States And England, Marybeth Lipp Mar 2004

A New Perspective On The War On Drugs: Comparing The Consequences Of Sentencing Policies In The United States And England, Marybeth Lipp

Loyola of Los Angeles Law Review

No abstract provided.

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Grutter Or Otherwise: Racial Preferences And Higher Education, Larry Alexander, Maimon Schwarzschild Mar 2004

Grutter Or Otherwise: Racial Preferences And Higher Education, Larry Alexander, Maimon Schwarzschild

University of San Diego Public Law and Legal Theory Research Paper Series

Last year's Supreme Court decisions on affirmative action, Gratz and Grutter, are dubious as constitutional law, bringing to mind what John Hart Ely said about Roe v. Wade: "[I]t is not constitutional law, and gives almost no sense of an obligation to try to be." There was at best a cosmetic difference between the University of Michigan undergraduate school's crude "20-points-extra for minority applicants" (which the Court struck down) and the Law School's "holistic" and disingenuous preferences (which the Court upheld). The idea that the Law School has a "compelling state interest" in these racial and ethnic preferences is utterly …

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The End Of Technology: A Polemic, Louis E. Wolcher Feb 2004

The End Of Technology: A Polemic, Louis E. Wolcher

Washington Law Review

This essay is a philosophical polemic against the essence of modern technology. The piece does not advance a Luddite's agenda, however, since it describes modern technology's essence as technological thinking, rather than as the manifold of technical instruments and processes. Technological thinking is not just careful planning towards well thought-out ends. Rather, it is an entire orientation to life, and as such it is a monstrosity: it relentlessly and heartlessly transforms the world's beings, including human beings, into measurable units of production and consumption that are constantly being judged for their contributions to "productivity." Nature is thus made into a …

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Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty Feb 2004

Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty

Michigan Law Review

Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …

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Bum Lobster Rap, Ellen S. Podgor, Paul Rosenzweig Jan 2004

Bum Lobster Rap, Ellen S. Podgor, Paul Rosenzweig

Faculty Publications By Year

No abstract provided.

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Dialogue Magazine, Winter 2004 Jan 2004

Dialogue Magazine, Winter 2004

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

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