Digital Commons Network^™

The Unusual Suspects: Unscrambling Satellite Piracy, David V. Lampman Ii

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Constitutional Outlines Of Public Health's "New World Order", David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Turning To Tacitus, James Bacchus

Vanderbilt Journal of Transnational Law

What do we learn when, finally, we turn to Tacitus? Here, in our middle age, it is true that "the few of us that survive are no longer what we once were." Even so, we may be tempted, like some who opposed the oppressive rule in Rome, to see ourselves as "the last of the free.' If so, what, then, are we willing to do to preserve our freedom? What are we willing to sacrifice to save Rome?

Will we simply salute and shed a tear? Will it be said of us, as Tacitus said of the Romans during the …

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell

Journal Articles

To wage war consistently with international law, a national leader must be able to answer at least three questions in the affirmative: Is there a right to resort to force? Is the use of force necessary? If it is necessary, can it be carried out in a way that the cost in terms of human lives, property, and damage to the natural environment will not outweigh the value of resorting to force? If the answer to any of these questions is no, the use of force is unlawful. International lawyers tend to focus on the first question, understandably. Why analyze …

Compellence: An Empirical Perspective, Michael G. Dziubinski

Graduate Program in International Studies Theses & Dissertations

Compellence, the use of a contingent threat of force to get a target state to modify a behavior, is an understudied area of international relations. An empirical examination of this area reveals patterns of the frequency of attempted compellence and successful compellence that are not explained by current research or broader international relations theories. In the post-World War II period (1946–2001), the pattern is a rapid drop and continued suppression of success, but a continuation of compellence attempts at the historic level. Existing compellence research and international relations theory do not explain this puzzling disparity of low success and continued …

Direct Shipment Of Wine, The Dormant Commerce Clause And The Twenty-First Amendment: A Call For Legislative Reform, Lloyd C. Anderson

Akron Law Faculty Publications

Many states prohibit out-of-state sellers of wine from shipping their product directly to consumers, but permit in-state wine producers to engage in such direct shipment. Recent lower federal court decisions have cast serious constitutional doubt upon the authority of a state to discriminate in this manner against wine producers and sellers from other states in favor of its own domestic wine industry. This issue appears headed for the Supreme Court of the United States in the near future. The outcome cannot be foreseen with certainty, but it is likely the Court will find this discrimination unconstitutional.

‘Twas not always so. …

Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …

The Political Delinquent: Crime, Deviance, And Resistance In Black America, Trevor George Gardner

Scholarship@WashULaw

This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of “criminality” within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element, spoken of in many circles as “oppositional culture” constitutes a bold and calculated rejection of destructive mainstream values that have perpetuated social inequalities and power imbalances. African American resistance culture is captured by novelist John Edgar Wideman in his account of his brother ’s criminal lifestyle and the …

Nrdc V. Evans: Northern District Of California Delivers Sound Judgment In Protection Of Marine Wildlife Under The Mmpa, Restricting Navy's Use Of Sonar, Carolyn M. Chopko

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror?, Jeffrey F. Addicott

Kentucky Law Journal

No abstract provided.

Finding Light In The Darkness? The Historical Treatment Of Genocide As A Template For The Field Of Hate Studies, Raymond C. Sun

Journal of Hate Studies

I am discovering that to teach about the history of Nazism, the Holocaust, and genocide is to enter into a profoundly spiritual experience. By this I mean that in engaging with these subjects, students of history must come to terms with some of the most elemental, existential qualities of the human potential for radical destruction and limitless hatred. The topics force us into a direct confrontation with the concept of ultimate evil: its manifold attractions; its power to deceive and destroy both perpetrators and victims; and yet at the same time, appearing in the midst of the reign of death, …

Environmental Religion: A Theological Critique, Robert H. Nelson

Case Western Reserve Law Review

No abstract provided.

Public Health, Environmental Protection, And The Dormant Commerce Clause: Maintaining State Sovereignty In The Federalist Structure, Andrew D. Thompson

Case Western Reserve Law Review

No abstract provided.

Imperfect Justice: Looted Assets, Slave Labor, And The Unfinished Business Of World War Ii, Stuart E. Eizenstat

Vanderbilt Journal of Transnational Law

I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe--in Switzerland-to keep them out of Hitler's clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of …

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

Vanderbilt Journal of Transnational Law

Although the World Trade Organization (WTO) is one of the most significant international institutions, its function, domain, and legitimacy are still heavily contested. The Author examines the history of the founding of the General Agreement on Tariffs and Trade (GATT), the WTO's predecessor, to see what history reveals about the role that GATT was originally expected to fulfill. The Author's interpretive examination shows that GATT's founders recognized that trade policy must be internationalized in order to give one country an opportunity to participate in the policy-making of other countries; otherwise, a county can impose costs on other countries without representation …

Politics, Morals And Embryos, George J. Annas, Sherman Elias

Faculty Scholarship

Bioethics in the United States reflects US culture and tends to be pragmatic, market-oriented and insular. Add embryo politics to this mix and, over the past few years, the result has been a bioethics that has become so narrow and selfabsorbed as to be virtually irrelevant to the rest of the world. Not all the blame for this can be placed on President George W. Bush’s political agenda for his President’s Council on Bioethics, now in its third year of operation, but much can. The council has made public bioethics the servant of politics by pursuing a narrow, embryo-centric agenda. …

Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott

Articles

By seeing events in the past as part of a dynamically evolving system with a large, but not indefinite, number of degrees of freedom, we can turn our attention to the multiple possibilities for change, and to the ways in which societies that are initially similarly situated may go on to diverge very sharply. Thus it is, I will argue, with societies in the 19th century that faced the challenge of building citizenship on the ruins of slavery.

Shock And Awe: Does The First Amendment Protect A Media Right Of Access To Military Operations?, Karen C. Sinai

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Doublethink"Ing Privacy Under The Multi-State Antiterrorism Information Exchange, Thomas V. Burch

Scholarly Works

This Article examines the development of the Matrix program and analyzes its effect on what Justices Warren and Brandeis termed the individual's "right to be let alone." To understand the Matrix's effect on individual privacy, one must scrutinize the program in the context of United States history.From the Alien and Sedition Acts to the Red Squads of the 1960s and 1970.

Part II of this Article examines how civil liberties often suffer unnecessarily in times of national crisis. Part III then discusses how this truism applies in the current "war on terror" and details the development and operation of the …

Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch

Scholarly Works

While there are a number of disincentives that prevent states from participating in the nuclear black market, most of these deterrents do not apply to non-state actors. This article focuses on the difficulties this situation presents in a time of global terrorism. The author points out that terrorists already have the money, means and motive to build or purchase nuclear devises. In analyzing this issue the author proposes two options. First, member parties could amend one of all of several existing treaties of the subject. Second, the international community can draft a new treaty or convention on nuclear smuggling and …

A Model For When Disclosure Helps Security: What Is Different About Computer And Network Security?, Peter P. Swire

Colorado Technology Law Journal

No abstract provided.

Policy, Politics, And Paradox: The Institutional Origins Of The Great American Gun War, Kristin A. Goss

Fordham Law Review

No abstract provided.

Freeze-Out Transactions The Pure Way: Reconciling Judicial Asymmetry Between Tender Offers And Negotiated Mergers, Ely R. Levy

West Virginia Law Review

No abstract provided.

Domestic Violence, Jennifer Wriggins

Faculty Publications

No abstract provided.

The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern courts have relied too heavily on deference-based reasoning, and have failed to adequately consider both international law and congressional authorization when upholding the detentions as constitutional. The War of 1812, termed "Mr. Madison's War" by contemporary opponents, was fought largely on our own territory against a powerful foreign enemy, making it an especially rich source for comparison to the modern war …

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Faculty Publications

No abstract provided.

Insurance Triggers As Judicial Gatekeepers In Toxic Mold Litigation, Gregory A. Goodman

Vanderbilt Law Review

At the dawn of the 21st century, a new plague is leeching across the nation's legal landscape. "Some call it the Perfect Storm-a confluence of events that merged into a financial crisis for the insurance industry and a politically charged catastrophe for... homeowners, threatening disaster for the.., economy." What exactly is this Perfect Storm quickly overwhelming both the legislative and judicial systems? Mold. Not the harmless mold growing in a neglected bathtub, but toxic mold that can ravage homes and other buildings from the inside out, while allegedly causing the inhabitants to suffer nasty fates. Mold destroying dwellings is nothing …