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The Laws Of War And Nato Attacks On Yugoslavia, Noel Cox

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm

Opposing Force Operations, United States Army

United States Army: Field Manuals

Opposing Force Operations, United States Army Field Manual FM 7-100.1

The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …

Judge Keith, The Constitution And National Security From Haddad To Sinclair - The Damon J. Keith Law Collection Of African-American Legal History Wayne State University Spencer Partrich Auditorium November 18, 2003, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

A New Paradigm In International Relations: A Reduction Of War And Terror In The World Through Democratization And Deterrence, John Norton Moore

Global Business & Development Law Journal

No abstract provided.

A Paradigm For The Analysis Of The Legality Of The Use Of Armed Force Against Terrorists And States That Aid And Abet Them, Barry A. Feinstein

Global Business & Development Law Journal

No abstract provided.

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Michigan Journal of International Law

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …

A Tear In The Eye Of The Law: Mitigating Factors And The Progression Toward A Disease Theory Of Criminal Justice, Jeffrey Kirchmeier

Publications and Research

No abstract provided.

Domestic Violence And The Construction Of “Ideal Victims”: Assaulted Women’S “Image Problems” In Law, Melanie Randall

Saint Louis University Public Law Review

No abstract provided.

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret Sewell

St. Thomas Law Review

This paper will introduce the Iraqi regime and explore its use of chemical weapons against Iran during the Iran-Iraq War and the Kurdish population in northern Iraq. The effect of the Iraqi regime's use of chemical weapons against these individuals was debilitating, irreversible and, in some instances, is just recently coming to light. This paper will also set forth the relevant evidence that will be used in a prosecution of Hussein and his "most-wanted" associates. A vast array of data has been collected over the past two decades by the United States government, the United Nations and various non-governmental organizations, …

The Alien Tort Statute: An Emerging Threat To National Security, Mark E. Rosen Jagc

St. Thomas Law Review

The American judicial system has been remarkably well insulated from the pressures of international law. Consequently, when federal judges try to apply international principles in domestic cases there are mistakes and collateral damage. This is a story of how some federal courts have taken the relatively obscure Alien Tort Statute ("ATS"), a two hundred year old law, and applied it in such a bizarre fashion that it threatens the overseas activities of most U.S. companies. It also threatens U.S. security operations, since the Department of Defense ("DOD") relies heavily on contractors for essential combat support services in foreign theaters of …

The Terminator Patent And Its Discontents: Rethinking The Normative Deficit In Utility Test Of Modern Patent Law, Ikechi Mgbeoji

St. Thomas Law Review

For clarity of analysis, this article is divided into three parts. In the first part, I introduce the technologies of GURTs (Genetic Use Restriction Technologies) and their main characteristics. In the second part, I examine the origins and policy foundations of the patent system, particularly how the courts in various jurisdictions have defined the concept of utility. The second part also explores the evolution of the requirement of utility and its contemporary emergence as a secular, technical test with emphasis on mechanical operability of inventions. The third part of this article explores the nature of GURT patents vis-a-vis their compatibility …

Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos

Articles

No abstract provided.

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard E. Harcourt

Articles

No abstract provided.

Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder

Faculty Scholarship

No abstract provided.

The Role Of Operational Research In Counterterrorism, Randy Borum, Robert Fein, Bryan Vossekuil, Michael Gelles, Scott Shumate

Mental Health Law & Policy Faculty Publications

No abstract provided.

Legislative Watch/ Legislative Focus, Tejal Kruskol

Human Rights Brief

No abstract provided.

International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone

Human Rights Brief

No abstract provided.

Constraining Modern Mercenarism, James R. Coleman

UC Law Journal

Mercenarism's metamorphosis during the final decades of the twentieth century from the profession of soldiers of fortune into the work of publicly traded private military assistance corporations has enabled modern mercenaries to evade a burgeoning international legal movement toward their eradication. Despite persistent efforts to recognize private military corporations as mercenary companies, the evolution of legal definitions of mercenarism has failed to keep pace with the strong international consensus against mercenaries, thereby causing the letter of international law to diverge from its spirit. Hiding mercenarism behind a corporate veil flouts the spirit of international law and serves to eviscerate the …

Is Lawrence Libertarian?, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court’s decision in Lawrence v. Texas is no doubt a shock to those pursuing an antihomosexual agenda. To most Americans, however, the decision is less an ipse dixit announcing radical social change than it is a belated recognition of what they had already learned about the humanity and dignity of gay people. Rather than radically changing constitutional principle, the Court has corrected its own erroneous understanding of the facts that underlay its application of constitutional principle in the past. Rather than leading the nation, the Court has caught up to it.

Part I of this essay lays out …

International Control Of Iraqi Oil: How The Oil-For-Food Program Fits In, And Implications For The Future, Dawn Bell

Richmond Journal of Global Law & Business

No abstract provided.

The Marouini River Tract And Its Colonial Legacy In South America, Thomas W. Donovan

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

International Law Barring Child Soldiers In Combat: Problems In Enforcement And Accountability - Question & (And) Answer Session

Cornell International Law Journal

No abstract provided.

Leaving Wonderland: Distinguishing Terrorism From Other Types Of Crime, Jonathan Leiken

Case Western Reserve Journal of International Law

No abstract provided.

Hostile Protected Persons Or "Extra-Conventional Persons:" How Unlawful Combatants In The War On Terrorism Posed Extraordinary Challenges For Military Attorneys And Commanders, Paul E. Kantwill, Sean Watts

Fordham International Law Journal

First, this Article reviews policymakers' and commentators' categorization of participants in Operation Enduring Freedom, the armed conflict in Afghanistan against al Qaeda and Taliban fighters. This Article concentrate specifically on the status of participants operating at the fringes of the categories of persons protected by the Geneva Conventions. It shows, for example, how al Qaeda and the Taliban fighters tested the bounds of the Conventions by employing methods of “warfare” which rendered them non-distinct and therefore made a determination of their status unclear. This Article demonstrates how policymakers and ultimately the U.S. President created a class of persons--so-called extra-conventional persons--who …

The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.

Applying International Trade Remedy Laws In The Caribbean: A Framework For Protection, Vasheist V. Kokaram

ILSA Journal of International & Comparative Law

What happens in the WTO is part of a broader pattern of neocolonialism in the global economy. This has two strands. The first is the self-interest of the major powers; their close ties with multinational companies ... and their willingness to use their political and economic strength to achieve their ends ...

Global Legal Education And Human Rights, Claudio Grossman

Human Rights Brief

No abstract provided.

International Response To Internal Displacement: A Revolution In The Making, Francis Deng

Human Rights Brief

No abstract provided.