Digital Commons Network^™

Two Sports Torts: The Historical Development Of The Legal Rights Of Baseball Spectators, Roger I. Abrams

Tulsa Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Marab V. Idf Commander In The West Bank, Aharon Barak, Dalia Dorner, Izhak Englard

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Following the activity of the IDF against the terror infrastructure in the territories of the Palestinian Authority (“Protective Shield” operation), the number of West Bank residents who were arrested by the IDF forces as suspects for involvement in terrorist activity has sharply increased. In order to give legal resolution for the need to handle the arrest and investigation procedures of thousands of suspects, the …

Court Strategy, Robert C. Fellmeth, Alan B. Morrison, Theodore M. Shaw, Nadine Strossen, Patricia Sturdevant

San Diego Law Review

This session focuses on the following issues: (1) access to the courts, (2) secrecy of court documents and settlements, (3) court bias, and (4) public education and tools. The panelists present possible solutions for the issues discussed.

Legislative Reform, Matthew Myers, Jamie Court, Charles R. Halpern, Gene Kimmelman, Wendy Wendlant

San Diego Law Review

This session addresses the issues of bias that are currently present in both the federal and state legislatures, namely the problems of antidemocratic internal rules, personal or staff conflicts of interest, secrecy in deals struck, and information imbalance favoring special, organized interest.

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

UC Law SF International Law Review

In the space of one generation, through both national and international agreements, nations have established norms and a framework for environmental stewardship of the Earth. One sign of the acceptance and maturation of environmental norms is that nations now worry about how to enforce environmental law and how to achieve compliance. Enforcement of environmental laws is essential to attaining the international objective of sustainable development. To be effective, this enforcement must be routine, reasonably resourced and predictable-an arduous challenge. In order to build a sustainable global community, the nations of the world must renew their commitment to the United Nations, …

Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Terrorism, A History: Stage One, Sharon Harzenski

Florida State University Journal of Transnational Law & Policy

No abstract provided.

America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin

Articles

No abstract provided.

Crimes / Weapons Of Mass Destruction: The Changing Threat And Evolving Solution, Kimberly A. Felix

McGeorge Law Review

No abstract provided.

Symposium: Issues In Bioterrorism -Introduction, Jessica Wilen Berg

Faculty Publications

This issue of Health Matrix focuses on the legal issues involving bioterrorism.

Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes

Articles

No abstract provided.

Crimes / Continued Expansion Of The Dna Database: California's Response To September 11th, The, John P. Tribuiano Iii

McGeorge Law Review

No abstract provided.

Time Warp To 1945 -- Resurrection Of The Reprisal And Anticipatory Self-Defense Doctrines In International Law, Michael J. Kelly

Florida State University Journal of Transnational Law & Policy

No abstract provided.

U.S. Ratification Of The Convention On The Rights Of The Child, John Quigley

Saint Louis University Public Law Review

No abstract provided.

A Theory Of The Laws Of War, Eric A. Posner

Articles

No abstract provided.

Abraham Lincoln's First Amendment, Geoffrey R. Stone

Articles

As we confront the challenges of the "War on Terrorism," it is useful to look back at our own history to understand how in past crises we have struck the balance between liberty and security. In this Essay, Professor Geoffrey Stone considers how Abraham Lincoln dealt with the conflict between free expression and military necessity during the course of the Civil War. Although we tend to think of Lincoln's suspension of habeas corpus as the paramount civil liberties issue in this era (apart from slavery), Professor Stone explores how Lincoln, facing often severe criticism of his administration, struggled to balance …

The Supreme Court's Indian Law Decisions: Deviations From Constitutional Principles And The Crafting Of Judicial Smallpox Blankets, Gloria Valencia-Weber

Faculty Scholarship

The first section discusses sovereignty and the sources for foundational principles that pertain to the relationships among tribes, the states, and the federal government. The sources are the documented discourse and covenants of the constitutional evolution, the Articles of Confederation and Perpetual Union (Articles), and the Constitution of 1787 as they developed state jurisdiction related to Indian matters. Second, the paper discusses the colonial period and reality versus the fictions or myths of discovery and conquest. Third, the paper covers the conflict and unity in the pre-Revolutionary period. Fourth, the paper considers the Articles as the first U.S. model to …

Florida Legal History: The Courts And Law During The Civil War, Reconstruction And Restoration Eras, Robert W. Lee

St. Thomas Law Review

Florida's legal heritage includes a wide range of direct influences. Spanish law played a role in the establishment of Florida territorial law, which was gradually superseded by English common law. Florida's ties to the other southern states contributed to the development of local laws consistent with those of the Old South. Even today, the root of many existing Florida laws lies in these historical eras. Those seeking to interpret unclear law would be assisted in knowing the historical reasons behind particular legislation or court decisions. One remarkable era is that of the years from 1860 through 1880, a time of …

Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner

Vanderbilt Journal of Entertainment & Technology Law

Initially, this paper will briefly consider arbitration in general and then discuss the evolution of FOA and its implementation into MLB salary disputes. This paper will thereafter analyze the praises and criticisms of FOA, and establish that FOA is a superior mechanism for resolving salary disputes in professional sports because the FOA system is designed to facilitate negotiation and settlement rather than to resolve the dispute subsequent to adversarial hearings.

Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein

Articles

No abstract provided.

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

Articles

No abstract provided.

Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone

Articles

No abstract provided.

Unexpected Consequences From Knock-On Effects: A Different Standard For Computer Network Operations?, Eric Talbot Jensen

American University International Law Review

No abstract provided.

The Trans-Atlantic Slave Trade: A Forgotten Crime Against Humanity As Defined By International Law, Patricia M. Muhammad Esq

American University International Law Review

No abstract provided.

Integrity Review Of Statutory Arbitration Awards, Calvin William Sharpe

UC Law Journal

The 1991 Supreme Court decision in Gilmer v. Interstate/Johnson Lane Corp. introduced a new era in the enforcement of statutory rights designed to protect individuals in the workplace. No longer would employees be entitled to a judicial forum or employers limited to such a forum in adjudicating workplace disputes. Rather, Gilmer created the possibility that pre-dispute employment contracts could bind workers to litigate important public rights in the private forum of arbitration under the auspices of the Federal Arbitration Act. This possibility reached fruition in the Court's 2001 decision in Circuit City Stores, Inc. v. Adams, making such pre-dispute arbitration …

Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones

Seattle University Law Review

This Article will attempt to highlight certain important features of the expressive function of criminal law that have been neglected. Bringing these elements into higher relief will add to our understanding of how expressive criminal law works and, in particular, how it can fail to work as intended. This article will look closely at one example of the operation of expressive criminal law. The example comes from the area of criminal drug policy, and will examine how expressive drug laws have functioned in the street subculture of urban minority communities. Part II, describes street ideology and the social meanings of …

A Changing World: A Commercial Landlord's Duty To Prevent Terrorist Attacks In Post-September 11th America, 36 J. Marshall L. Rev. 669 (2003), Thomas C. Homburger, Timothy J. Grant

UIC Law Review

No abstract provided.

Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.

UIC Law Review

No abstract provided.