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Unlawful Combatants Or Prisoners Of War: The Law And Politics Of Labels, Manooher Mofidi, Amy E. Eckert Apr 2003

Unlawful Combatants Or Prisoners Of War: The Law And Politics Of Labels, Manooher Mofidi, Amy E. Eckert

Cornell International Law Journal

No abstract provided.


We Must Not Make A Scarecrow Of The Law: A Legal Analysis Of The Israeli Policy Of Targeted Killings, Orna Ben-Naftali, Karen R. Michaeli Apr 2003

We Must Not Make A Scarecrow Of The Law: A Legal Analysis Of The Israeli Policy Of Targeted Killings, Orna Ben-Naftali, Karen R. Michaeli

Cornell International Law Journal

No abstract provided.


Book Review Apr 2003

Book Review

Cornell International Law Journal

No abstract provided.


The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz Apr 2003

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Articles

No abstract provided.


Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux Apr 2003

Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux

Cardozo Law Review

No abstract provided.


Transparency Reconsidered: On Postmodernism, Fundamentalism, And Other Dark Matters, Geoffrey Hartman Apr 2003

Transparency Reconsidered: On Postmodernism, Fundamentalism, And Other Dark Matters, Geoffrey Hartman

Cardozo Law Review

No abstract provided.


Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin Apr 2003

Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin

Cardozo Law Review

No abstract provided.


Compacts, Cartels, And Congressional Consent, Michael S. Greve Apr 2003

Compacts, Cartels, And Congressional Consent, Michael S. Greve

Missouri Law Review

Compacts, Cartels, and Congressional Consent argues that U.S. Steel Corp. v. Multistate Tax Commission was wrongly decided. Congressional “negatives,” including the Compact Clause invert the default rule for constitutionally suspect classes of state laws. Whereas ordinary state laws are permitted to go into (and remain in) effect unless and until Congress or the courts exercise their authority under the Supremacy Clause to state agreements that encroach on federal supremacy—which are unlawful in any event—the Supreme court has re-inverted the constitutional presumption and emptied the Compact Clause of all content. This Article explains the forgotten constitutional logic and wisdom of the …


A View From The Trenches, Michael A. Newton Apr 2003

A View From The Trenches, Michael A. Newton

Vanderbilt Law School Faculty Publications

As a former armor officer, my roots are literally in the trenches. In sharing my figurative view from the trenches regarding the pursuit of justice, you should know that the pursuit of justice is the very core of our professional ethic among military lawyers. I was also privileged to serve as one of the foot soldiers within the ranks of the Department of State whose diplomatic focus revolved around the pursuit of personal accountability. My "view from the trenches" is therefore centered on a candid discussion of the pragmatic aspects of developing justice systems within the conditions and confines of …


Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis Apr 2003

Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Whose Line In The Sand: Can Environmental Protection And National Security Coexist, And Should The Government Be Held Liable For Not Attaining This Goal?, Ekundayo B. George Apr 2003

Whose Line In The Sand: Can Environmental Protection And National Security Coexist, And Should The Government Be Held Liable For Not Attaining This Goal?, Ekundayo B. George

William & Mary Environmental Law and Policy Review

No abstract provided.


Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig Apr 2003

Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig

Cardozo Law Review

No abstract provided.


Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne Apr 2003

Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne

William & Mary Law Review

No abstract provided.


Defense Of Superior Orders Before Military Commissions, James B. Insco Apr 2003

Defense Of Superior Orders Before Military Commissions, James B. Insco

Duke Journal of Comparative & International Law

No abstract provided.


Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek Apr 2003

Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek

Osgoode Hall Law Journal

Les contributions à cette collection proviennent des activités d’un projet de deux ans. Son but consistait à inviter les étudiants, la faculté, tous les membres de la communauté d'Osgoode et de la communauté juridique dans leur ensemble, à s'associer à un débat permanent sur la nature et les limites du droit, vues à travers le prisme de la conduite de désobéissance civile dans une politie juridique qui avait de longue date développé des institutions démocratiques et propagé les libertés civiques. À cette fin, divers panels, séminaires et conférences ont été organisés dès l'automne 2001. Ils sont évoqués dans le curriculum …


Inside Unlv, Gian Galassi, Jennifer Vaughan, Fred Bachhuber Apr 2003

Inside Unlv, Gian Galassi, Jennifer Vaughan, Fred Bachhuber

Inside UNLV

No abstract provided.


Is The Endangered Species Act Ecopragmatic?, J.B. Ruhl Apr 2003

Is The Endangered Species Act Ecopragmatic?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The Article evaluates the Endangered Species Act using Dan Farber's theory of eco-pragmatism. Eco-pragmatism employs environmental baselines, a moderated precautionary principle, and adaptive management to mediate environmental policy issues. I conclude that the ESA reflects some of these attributes, but does not coherently assemble a truly eco-pragmatic framework.


Pomo At War, Edward Rothstein Apr 2003

Pomo At War, Edward Rothstein

Cardozo Law Review

No abstract provided.


Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek Apr 2003

Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek

Osgoode Hall Law Journal

Based on a two-year project launched by the Journal. Its goal was to engage students, faculty, and all members of the wider Osgoode and professional communities in an ongoing discussion about the nature and limits of law, seen through the lens of civil disobedient conduct in a legal polity that had developed mature democratic and civil liberty enhancing institutions. To this end, a variety of panels, seminars, and lectures were organized, beginning in the Fall of 2001. They were interpellated into the law school's curriculum. A culminating event was a conference in the Fall of 2002, to which a select …


Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty Apr 2003

Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty

Osgoode Hall Law Journal

This article examines the historical origins of civil liberties and shows their importance to systems of government rooted in the principles of representative democracy. It argues that the subject of civil liberties needs to be distinguished from issues related to criminal justice and human rights, and that too broad a deployment of the language of civil liberties can lead to the importance of civil liberties being underappreciated by the wider public. The article considers how the integrity of the language of civil liberties and the representative system of democracy as a whole can be preserved in the face of the …


The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue Apr 2003

The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue

Osgoode Hall Law Journal

This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal "anti-terrorism" legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.


Tradition, Judges, And Civil Liberties In Canada, Douglas Hay Apr 2003

Tradition, Judges, And Civil Liberties In Canada, Douglas Hay

Osgoode Hall Law Journal

Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict


When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin Apr 2003

When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin

Osgoode Hall Law Journal

Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.


On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen Apr 2003

On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen

Osgoode Hall Law Journal

Characterizes and discusses terrorism and considers when, if ever, terrorism might be morally justified. Focuses on "state terrorism" arguing that it is the main engine for creating and sustaining other forms of terrorism.


Book Review: Renegade Lawyer: The Life Of J. L. Cohen, By Laurel Sefton Macdowell, Beth Bilson Apr 2003

Book Review: Renegade Lawyer: The Life Of J. L. Cohen, By Laurel Sefton Macdowell, Beth Bilson

Osgoode Hall Law Journal

No abstract provided.


Psychological Operations And An Iatrogenic Threat In Iraq, Ibpp Editor Mar 2003

Psychological Operations And An Iatrogenic Threat In Iraq, Ibpp Editor

International Bulletin of Political Psychology

This article describes a psychological phenomenon that might lead to the backfiring of an attempt at employing psychological operations.


Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb Mar 2003

Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb

Brigham Young University Education and Law Journal

No abstract provided.


Violation Of The Human Right To Health As A Factor In The Zapatista Revolution Of Chiapas, Mexico, The, Parastoo Anita Mesri Mar 2003

Violation Of The Human Right To Health As A Factor In The Zapatista Revolution Of Chiapas, Mexico, The, Parastoo Anita Mesri

Tulsa Journal of Comparative and International Law

No abstract provided.


You Asked For It, You Got It . . . Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley Mar 2003

You Asked For It, You Got It . . . Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley

Nevada Law Journal

No abstract provided.


Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule Mar 2003

Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.