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Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott Jan 2004

Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott

Richmond Journal of Law & Technology

As technology advances, the threat of rampant and unprecedented theft of digital media continues to grow. The music industry has already faced, and continues to face, this threat, but has largely failed in defending musicians’ intellectual property.

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A Critical Review Of The Firm In Africa, Nimi Wariboko Jan 2004

A Critical Review Of The Firm In Africa, Nimi Wariboko

Journal of International Business and Law

No abstract provided.

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Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel Jan 2004

Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

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A Woman's World, Michael Fischl Jan 2004

A Woman's World, Michael Fischl

Faculty Articles and Papers

No abstract provided.

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Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli Jan 2004

Veterans Speak Out: A Collection Of Essays From The Documenting Courage Project, Phil Adams, Sharon E. Debbage Alexander, Patricia Baillie, Laura Ballard, Jeff Cleghorn, Nick Marulli

Hofstra Labor & Employment Law Journal

No abstract provided.

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Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra Jan 2004

Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra

Journal of Criminal Law and Criminology

No abstract provided.

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Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context, James T. Gathii Jan 2004

Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

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Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth Jan 2004

Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth

St. Mary's Law Journal

What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …

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Abusing Self-Determination And Democracy: How The Tplf Is Looting Ethiopia, Matthew J. Mccracken Jan 2004

Abusing Self-Determination And Democracy: How The Tplf Is Looting Ethiopia, Matthew J. Mccracken

Case Western Reserve Journal of International Law

No abstract provided.

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Targeted Killing As Active Self-Defense, Amos Guiora Jan 2004

Targeted Killing As Active Self-Defense, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.

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Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf Jan 2004

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

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State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall Jan 2004

State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall

Case Western Reserve Journal of International Law

No abstract provided.

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Deliberate Extinction: Whether To Destroy The Last Smallpox Virus, David A. Koplow Jan 2004

Deliberate Extinction: Whether To Destroy The Last Smallpox Virus, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The target problem to be examined is smallpox. Specifically, what should we (the United States and the entire world) now do with the last known residual samples of the virus that causes this uniquely horrific disease? The illness itself has virtually disappeared from the catalogue of human afflictions: due to a stunningly imaginative, concerted, and resolute campaign of the World Health Organization (WHO) through the 1970s, no one has contracted this deadly impairment for twenty-five years. Yet the causative element, an insidious scourge known as the variola virus, still remains, housed for now in high-security freezers at the U.S. Centers …

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Anthrax Hoaxes, Ira P. Robbins Jan 2004

Anthrax Hoaxes, Ira P. Robbins

American University Law Review

No abstract provided.

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War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks Jan 2004

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …

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An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio Jan 2004

An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio

Journal of Law and Health

This article explores the tensions between creating an effective public health system that would be able to respond to and protect against any public health threat, and protecting individuals against unnecessary intrusions on their civil liberties. It then considers approaches to this issue that might best strike a balance in a democratic society. While many Americans may recognize and even accept that greater security would entail some intrusion into individual rights, there is no formula for striking the appropriate balance. This article attempts to arrive at a workable framework by examining how the United States' public health system works. This …

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Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro Jan 2004

Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro

Vanderbilt Journal of Transnational Law

Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …

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The Use Of Force And (The State Of) Necessity, Andreas Laursen Jan 2004

The Use Of Force And (The State Of) Necessity, Andreas Laursen

Vanderbilt Journal of Transnational Law

At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …

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The Lives Of Animals, The Lives Of Prisoners, And The Revelations Of Abu Ghraib, Charles H. Brower, Ii Jan 2004

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

Vanderbilt Journal of Transnational Law

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 …

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Book Review [Gulag: A History], Santa Clara Law Review Jan 2004

Book Review [Gulag: A History], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

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New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood Jan 2004

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

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State Of Utah V. Reber, Atkins, And Thunehorst : Unknown, Utah Court Of Appeals Jan 2004

State Of Utah V. Reber, Atkins, And Thunehorst : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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The Jose Padilla Story, Donna R. Newman Jan 2004

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.

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Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo Jan 2004

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

University of Michigan Journal of Law Reform

Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …

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Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner Jan 2004

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

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Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly Jan 2004

Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly

Fordham International Law Journal

As the U.S. government's reach and responsibilities expand, it remains unclear exactly what, if any, input the general populations of Afghanistan, Iraq, or the United States have on government actions. The environmental needs of the two States have concerned the world enough that the United Nations Environment Program ("UNEP") has published a detailed post-conflict report on Afghanistan ("Afghanistan PCA") and a "Desk Study" of the environment in Iraq ("Iraq Desk Study"). There are four basic ways that citizens can attempt either to enjoin U.S. government environmental action abroad or compel the government to adhere to established regulations and agreements: (1) …

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War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs Jan 2004

War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs

Fordham International Law Journal

Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …

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Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport Jan 2004

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

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Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion Jan 2004

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

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Metaphors: Narratives, Metaphors, And Negotiation, Jayne Seminare Docherty Jan 2004

Metaphors: Narratives, Metaphors, And Negotiation, Jayne Seminare Docherty

Marquette Law Review

No abstract provided.

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