Digital Commons Network^™

The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …

Building A Protective Wall Around Terrorists – How The International Court Of Justice's Ruling In The Legal Consequences Of The Construction Of A Wall In The Occupied Palestinian Territory Made The World Safer For Terrorists And More Dangerous For Member States Of The United Nations, Rebecca Kahan

Fordham International Law Journal

Part I of this Note will examine two recent actions in the war against international terrorism: the Israeli plan to build a separation barrier between Israel and the OPT, and the invasion of Afghanistan during Operation Enduring Freedom. Part II will discuss two important deviations by the ICJ from past interpretation of international law that were announced in the advisory proceedings against Israel: a new elucidation by the ICJ regarding principles of judicial propriety and a new analysis of the abilities of States to act in self-defense under Article 51 of the U.N. Charter. Part III will address the impact …

Terrorism - The Definitional Problem, Alex Schmid

Case Western Reserve Journal of International Law

No abstract provided.

Donald J. Pisani, Water And The American Government: The Reclamation Bureau, National Water Policy, And The West, 1902-1935, Kate O. Lively

Water Law Review

No abstract provided.

Diane Raines Ward, Water Wars: Drought, Flood, Folly, And The Politics Of Thirst, Owen Walker

Water Law Review

No abstract provided.

Global Legal Education And Human Rights, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

American University Washington College of Law's Human Rights Brief is an important educational tool for all of us and is a tremendous source for those involved in human rights work around the world. The Brief promotes the development of human rights by providing both analysis and information about cutting edge cases involving human rights violations today. On the occasion of the tenth anniversary of the Brief, I will reflect on what I perceive to be the changes necessary for legal education and discuss the role of human rights in that process.

The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi

Fordham Law Review

No abstract provided.

Challenges In Implementing And Enforcing Children’S Rights, Kathy Vandergrift

Cornell International Law Journal

No abstract provided.

Talk Is Cheap: Getting Serious About Preventing Child Soldiers, P. W. Singer

Cornell International Law Journal

No abstract provided.

Book #25, Roger J. Miner '56

Scrapbooks

No abstract provided.

Identity: Identity Is More Than Meets The "I": The Power Of Identity In Shaping Negotiation Behavior, Daniel L. Shapiro

Marquette Law Review

No abstract provided.

Three Conceptions Of Power, Jayne Seminare Docherty, Russell Korobkin, Christopher Honeyman

Marquette Law Review

No abstract provided.

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes

Articles

Lawrence was decided exactly eighty years after the first liberty-privacy case, and in the midst of a fierce kulturkampf striving to roll back civil rights generally. In this Article, Professor Valdes situates Lawrence in the context formed both by these four score of liberty-privacy jurisprudence that precede it as well as by the politics of backlash that envelop it today. After canvassing the landmark rulings from Meyer in 1923 to Lawrence in 2003, in the process acknowledging both their emancipatory strengths and their traditionalist instrumentalism, Professor Valdes concludes that Lawrence is a long overdue recognition of the prior precedents and …

Keynote Address: Recalling Race, Gender And Sexuality: Outcrit Reflections On Legal Education, Social Identities And The "Rule Of Law" - A Call Toward Collective Insurrections, Francisco Valdes

Articles

No abstract provided.

Is Lawrence Libertarian?, Dale Carpenter

Articles

Lawrence v. Texas 1 begins with "Liberty" and ends with "freedom." 2 For the first time in its history the Supreme Court invalidated a law criminalizing sexual conduct. Add to that sweeping statements in Lawrence celebrating individual "autonomy." 3 Consider too the Court's surprising revival of substantive due process, a doctrine entombed with musty traditions in liberty-denying decisions like Bowers v. Hardwick 4 and Washington v. Glucksberg. 5 What is more, Lawrence is not your father's substantive due process. The pre-Lawrence doctrine bifurcated the world into a large domain of almost unprotected "liberty interests" and a very small and increasingly …

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

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

No abstract provided.

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Faculty Publications

No abstract provided.

The Trouble With Taxes: Fairness, Tax Policy, And The Constitution, Leo P. Martinez

UC Law Constitutional Quarterly

Fairness stands for a complicated set of moral and practical instructions inculcated in us since childhood. Consequently, fairness presents knotty problems of application for legal and policy analysts in the formulation of tax policy. This article probes the contours of the concept of fairness in taxation. I begin and end with the observation that fairness or the perception of fairness in taxation is a deceptively unsophisticated proposition. Part I includes a brief description of the public perception of fairness in the context of taxation. Part II follows with an exploration of the concept of fairness as a fundamental tenet of …

"Preemptive War": Is It Constitutional?, John B. Mitchell

Santa Clara Law Review

No abstract provided.

Is Lawrence Libertarian?, Dale Carpenter

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Closing A Loophole In Accountability For War Crimes: Successor Commanders' Duty To Punish Known Past Offenses, Carol T. Fox

Case Western Reserve Law Review

No abstract provided.

Comment: A Public Choice Perspective On The Federal Circuit, Andrew P. Morriss

Case Western Reserve Law Review

No abstract provided.