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Articles 8011 - 8040 of 13098
Full-Text Articles in Entire DC Network
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller
Indiana Journal of Global Legal Studies
No abstract provided.
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
University of Miami Law Review
No abstract provided.
Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin
Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin
Cardozo Journal of International and Comparative Law
The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.
The Customary International Law Of War And Combatant Status: Does The Current Executive Branch Policy Determination On Unlawful Combatant Status For Terrorists Run Afoul Of International Law, Or Is It Just Poor Public Relations?, Joshua E. Kastenberg
Faculty Scholarship
This paper reviews the domestic and international law basis for the executive authority to determine combatant status, and analyzes the legality of contemporary practice. It also accepts, as a definition for unlawful combatants: "persons violating the traditional laws and customs of war." Unlawful combatants do not meet the traditional captured combatant (prisoner of war) protections embodied in the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (hereinafter Geneva Convention I). Part I of this paper examines the historic views of combatant status among sovereigns. It also addresses the evolutionary purpose of the law of armed conflict in …
The Paradox Of Spontaneous Formation Of Private Legal Systems, Amitai Aviram
The Paradox Of Spontaneous Formation Of Private Legal Systems, Amitai Aviram
Coase-Sandor Institute for Law & Economics Research Paper Series
Scholarship on private legal systems (PLS) explains the evolution of norms created and enforced by PLSs, but rarely addresses the evolution of institutions that form PLSs. Such institutions are assumed to form spontaneously (unless suppressed by law) when law is either unresponsive or incapable of directing behavior in welfare-maximizing manners. But, as this paper demonstrates, PLSs typically cannot form spontaneously. Newly formed PLSs cannot enforce cooperation since the effectiveness of mechanisms used to secure this cooperation (e.g., the threat of exclusion) depends on the PLS’s ability to confer benefits to its members, and newly formed PLSs do not yet confer …
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition, Jacqueline Nolan-Haley, Bronagh Hinds
Journal of Dispute Resolution
Women's peacemaking skills have long empowered them as voices for reconciliation in divided societies 8 and therefore, the role of women in preventive diplomacy, conflict resolution, and post conflict reconstruction is widely advanced today. Although historically women are credited with being actively involved in peacemaking efforts at the grassroots level during periods of conflict,' ° they are not generally considered to play a significant role in formal peace negotiations.' Northern Ireland proved to be an exception.'
Bring Back The Draft?, Neal Devins
Reviving Informed Consent: Using Risk Perception In Clinical Trials, Dana Ziker
Reviving Informed Consent: Using Risk Perception In Clinical Trials, Dana Ziker
Duke Law & Technology Review
The current doctrine of informed consent falls far short of its potential to serve as a valuable safeguard for human research subjects. Instead of providing a channel of communication between physician and subject, informed consent is a lifeless entity responsible for a large portion of the misunderstanding existing between these parties. Acknowledging risk perception principles may help transform the informed consent process into an effective communication of health risks.
Unh Law Alumni Magazine, Summer 2003, University Of New Hampshire School Of Law
Unh Law Alumni Magazine, Summer 2003, University Of New Hampshire School Of Law
UNH Law Alumni Magazine
No abstract provided.
Battered By Equality: Could Minnesota's Domestic Violence Statutes Survive A Fathers' Rights Assault, Shannon M. Garrett
Battered By Equality: Could Minnesota's Domestic Violence Statutes Survive A Fathers' Rights Assault, Shannon M. Garrett
Minnesota Journal of Law & Inequality
No abstract provided.
The Development Of The Conceptual Framework Supporting International Extradition, Valerie Epps
The Development Of The Conceptual Framework Supporting International Extradition, Valerie Epps
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rendition And Transfer In The War Against Terrorism: Guantanamo And Beyond, Joan Fitzpatrick
Rendition And Transfer In The War Against Terrorism: Guantanamo And Beyond, Joan Fitzpatrick
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
International Extradition And Global Terrorism: Bringing International Criminals To Justice, Christopher C. Joyner
International Extradition And Global Terrorism: Bringing International Criminals To Justice, Christopher C. Joyner
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
Michigan Law Review
The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Faculty Scholarship
No abstract provided.
Exploding Causalities: An Example From Iraq, Ibpp Editor
Exploding Causalities: An Example From Iraq, Ibpp Editor
International Bulletin of Political Psychology
This article provides explanations for a seemingly paradoxical social psychological response to the April 26, 2003 explosions within an ammunition dump in Baghdad.
Newspeak: When Words Can Kill, Stephen R. Levitt
Newspeak: When Words Can Kill, Stephen R. Levitt
Humanities and Politics Faculty Articles
No abstract provided.
Tax Incentives: A Means Of Encouraging Research And Development For Homeland Security?, Jennifer L. Venghaus
Tax Incentives: A Means Of Encouraging Research And Development For Homeland Security?, Jennifer L. Venghaus
University of Richmond Law Review
No abstract provided.
No Badges, No Bars: A Conspicuous Oversight In The Development Of An International Criminal Court, Mary Margaret Penrose
No Badges, No Bars: A Conspicuous Oversight In The Development Of An International Criminal Court, Mary Margaret Penrose
Faculty Scholarship
If the ICC is truly to become a world criminal court, then this body should begin to clothe itself with all the traditional components of a criminal justice system. A successful international criminal court cannot be dependent on the political will of so-called cooperating states. Crimes that fall within the jurisdiction of the ICC should be subject to prosecution by the court, which requires that there exist some body or agency capable of enforcing indictments and arresting suspected individuals. A court is but one piece of a greater body of criminal justice. In addition to the need for contemporaneous and …
A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong
A Brief Overview Of Law And Religion In The People's Republic Of China, Chen Huanzhong
BYU Law Review
No abstract provided.
The New Leviathan, Dennis Patterson
The New Leviathan, Dennis Patterson
Michigan Law Review
Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …
Justices At Home: Three Supreme Court Memoirs, Laura Krugman Ray
Justices At Home: Three Supreme Court Memoirs, Laura Krugman Ray
Michigan Law Review
The Supreme Court, once an austere and remote institution, is increasingly the focus of popular attention. The Justices are profiled in the New York Times Magazine and the New Yorker, photographed with family members for mass-market books, and - on the evening the Court decided Bush v. Gore - televised leaving the courthouse parking garage. In the spring 2002 television season, two hour-long programs were set in the Supreme Court; both were briskly cancelled, but during their brief runs they featured Justices as heroic figures played by prominent actors. When a former law clerk recently published his account of internecine …
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
San Diego International Law Journal
This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The …
Islam And Politics In Modern Egypt: A Chance For Democracy, Madalina C. Hanes
Islam And Politics In Modern Egypt: A Chance For Democracy, Madalina C. Hanes
All-Inclusive List of Electronic Theses and Dissertations
This paper analyzes the role played by moderate Islamic groups in modem Egypt and tries to make a distinction between moderate, middle-of-the road groups and radical, extremist ones. There are several questions regarding the topic analyzed in this thesis. Is Islam inherently incompatible with the Western democratic values? Is there a difference between moderate and radical Islamic movements? Is the Muslim Brotherhood promoting an Islamic democracy and would that stabilize and improve the tormented Egyptian society? Based of library research of primary and secondary sources, this thesis argues that moderate Islamic groups, like the Muslim Brotherhood, represent the best hope …
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
San Diego International Law Journal
This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Popular Media
The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Duke Law & Technology Review
This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper's main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely …
Telling Miller's Tale, Glenn Harlan Reynolds
Telling Miller's Tale, Glenn Harlan Reynolds
Scholarly Works
The case of United States v. Miller, 307 U.S. 174 (1939), is often cited in gun-control arguments and arguments over the meaning of the Second Amendment. In this Article, we take a close look at Miller, and the arguments made before the Supreme Court. When the decision is read closely and the arguments available (and not available) to the Court are taken into account, the decision is best understood as leaving open the opportunity for courts to adopt the Standard Model reading of the Second Amendment. What Miller plainly does not do is deny that an individual's right to keep …
Terrorism Insurance And Commerical Real Estate: The New Frontier, Alison R. Orlans
Terrorism Insurance And Commerical Real Estate: The New Frontier, Alison R. Orlans
North Carolina Banking Institute
No abstract provided.
National Security At What Price: A Look Into Civil Liberty Concerns In The Information Age Under The Usa Patriot Act Of 2001 And A Proposed Constitutional Test For Future Legislation, Jacob R. Lilly
Cornell Journal of Law and Public Policy
No abstract provided.