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Articles 8101 - 8130 of 13096

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Privacy To Be Patched In Later - An Examination Of The Decline Of Privacy Rights, 36 J. Marshall L. Rev. 985 (2003), Matthew Hector Jan 2003

Privacy To Be Patched In Later - An Examination Of The Decline Of Privacy Rights, 36 J. Marshall L. Rev. 985 (2003), Matthew Hector

UIC Law Review

No abstract provided.

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Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill Jan 2003

Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill

Washington International Law Journal

[G]overnments throughout the world have tried to avoid dealing with the difficult questions raised by refugee and related movements. One method is to seek to redefine the problem as one not involving obligation or responsibility. Some governments also use the law in an attempt to limit the scope of their obligations. Another technique . . . is to engage in an exercise of extra-territorial jurisdiction . . . and to seek to justify that practice on the ground that somehow obligations towards refugees need not be observed. States have also tried detention, discriminatory treatment, and denial of other human rights …

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In The Zone: Why The United States Should Sign The Protocol To The Southeast Asia Nuclear-Weapon-Free Zone, Erik A. Corneillier Jan 2003

In The Zone: Why The United States Should Sign The Protocol To The Southeast Asia Nuclear-Weapon-Free Zone, Erik A. Corneillier

Washington International Law Journal

U.S. officials are moving away from supporting international law as a mechanism for preventing the proliferation of weapons of mass destruction. For example, the Bush Administration recently refused to sign the Protocol to the Southeast Asia Nuclear-Weapon-Free Zone ("SEANWFZ"). U.S. officials, relying on a policy of nuclear deterrence, maintain that this treaty unnecessarily limits freedom of navigation, creates the possibility of territorial disputes, and accords overly broad negative security assurances to the region. This Comment argues that these concerns are unfounded, and that signing the Protocol would promote U.S. and world security. Successful implementation of SEANWFZ, which requires support from …

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Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon Jan 2003

Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon

Fordham International Law Journal

This Article is concerned with one key aspect of the law of the military jihad: the Islamic concept of martyrdom [shahada or istishhad]. This Article will demonstrate that the current Islamist financing and systematic organization and direction of self-annihilatory acts of violence is only weakly supported, if at all, by the classical sources on martyrdom in Islamic law and jurisprudence. The Article will show that current justifications for self-annihilatory violence are instead the result of a major reinterpretation of the theology and religious law on martyrdom and the military jihad advanced by Shi'ite theologians and jurists in Iraq and Iran …

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Terrorism, Development & Trade: Winning The War On Terror Without The War, Kevin J. Fandl Jan 2003

Terrorism, Development & Trade: Winning The War On Terror Without The War, Kevin J. Fandl

American University International Law Review

No abstract provided.

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Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jan 2003

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

American University International Law Review

No abstract provided.

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Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

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Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams Jan 2003

Functions Of Justice And Anti-Justice In The Peace-Building Process, Michael P. Scharf, Paul R. Williams

Case Western Reserve Journal of International Law

No abstract provided.

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The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King Jan 2003

The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King

ILSA Journal of International & Comparative Law

On September 11, 2001, a network of terrorists hijacked four commercial airliners and crashed them into the World Trade Center and Pentagon, killing and injuring thousands of Americans, as the world watched in shock and disbelief.

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Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds Jan 2003

Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds

Faculty Scholarship

This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …

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Child Soldiers And The Capacity Of The Optional Protocol To Protect Children In Conflict, Shara Abraham Jan 2003

Child Soldiers And The Capacity Of The Optional Protocol To Protect Children In Conflict, Shara Abraham

Human Rights Brief

No abstract provided.

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Homeland Security, Pesticide Regulation And Common Household Chemicals: Are We Adequately Protecting All Our Sources, Leticia M. Diaz Jan 2003

Homeland Security, Pesticide Regulation And Common Household Chemicals: Are We Adequately Protecting All Our Sources, Leticia M. Diaz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson Jan 2003

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

Elisabeth Haub School of Law Faculty Publications

Environmental norms are observed because they are norms about how people respect each other and the natural systems that sustain human communities. Environmental norms are basic to human well-being. They arise out of the human condition, not unlike human rights laws. Environmental norms emerge from the fact that humans exist within ecosystems, and human society is embedded in the natural systems in which they have evolved; environmental norms are grounded in an objective reality, and scientists can measure the consequences of observing--or failing to observe--those norms. The provisions of environmental norms, therefore, exist not merely as pronouncements of governments, applied …

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Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff Jan 2003

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …

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Fighting Fire With Fire: A Refllection On The Ethics Of Clarence Darrow, Gerald F. Uelmen Jan 2003

Fighting Fire With Fire: A Refllection On The Ethics Of Clarence Darrow, Gerald F. Uelmen

Fordham Law Review

No abstract provided.

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The Spector Of Crypto-Anarchy: Regulating Anonymity-Protecting Peer-To-Peer Networks, John Alan Farmer Jan 2003

The Spector Of Crypto-Anarchy: Regulating Anonymity-Protecting Peer-To-Peer Networks, John Alan Farmer

Fordham Law Review

No abstract provided.

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Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown Jan 2003

Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown

UC Law SF International Law Review

Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …

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Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt Jan 2003

Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt

Michigan Journal of International Law

This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …

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"This New And Beautiful Organism": The Evolution Of American Federalism In Three State Supreme Courts, Joseph A. Ranney Jan 2003

"This New And Beautiful Organism": The Evolution Of American Federalism In Three State Supreme Courts, Joseph A. Ranney

Marquette Law Review

No abstract provided.

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The Evolving Legal Status Of Chimpanzees Jan 2003

The Evolving Legal Status Of Chimpanzees

Animal Law Review

On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory's Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growning scientific understanding of chimpanzees and the advances in related legal doctrines. This …

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The Cracked Foundations Of The Right To Secede, Donald L. Horowitz Jan 2003

The Cracked Foundations Of The Right To Secede, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

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Symposium: Issues In Bioterrorism - Introduction, Jessica Wilen Berg Jan 2003

Symposium: Issues In Bioterrorism - Introduction, Jessica Wilen Berg

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Biodefense: Who's In Charge?, Victoria Sutton Jan 2003

Biodefense: Who's In Charge?, Victoria Sutton

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Lessons Of Yugoslav Rape Trials: A Role For Conspiracy Law In International Tribunals, Richard P. Barrett, Laura E. Little Jan 2003

Lessons Of Yugoslav Rape Trials: A Role For Conspiracy Law In International Tribunals, Richard P. Barrett, Laura E. Little

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

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Prosecution Laches In The Wake Of Symbol Technologies: What Is "Unreasonable And Unexplained" Delay?, Michael T. Hawkins Jan 2003

Prosecution Laches In The Wake Of Symbol Technologies: What Is "Unreasonable And Unexplained" Delay?, Michael T. Hawkins

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

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A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin Jan 2003

A Comparative Study Of Sexual Violence Trials In The Icty And Ictr Comparing Six Particular Issues, Siobhan Kehoe Dubin

War Crimes Memoranda

No abstract provided.

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Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair Jan 2003

Can An Omission Fulfill The Actus Reus Requirment For Complicity In Genocide, And To What Degree Does Article 6(3) Of The Ictr Statute Impute Criminal Liability For The Crime To A Superior Officer?, Raneisha Blair

War Crimes Memoranda

No abstract provided.

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Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox Jan 2003

Command Responsibility For Failure To Punish War Crimes Committed Under A Predecessor Commander, Carol Tyler Fox

War Crimes Memoranda

No abstract provided.

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The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar Jan 2003

The Legal Status, Under International Humanitarian Law, Of Captured Mercenaries In Internal Conflicts., Rajesh V. Fotedar

War Crimes Memoranda

No abstract provided.

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Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott Jan 2003

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

Faculty Articles

Both clarity and respect for the rule of law demands that a new executive order on assassination be enacted that properly defines the term “assassination” and is couched in the legal parameters of self-defense. In prosecuting the War on Terror, the United States has confronted myriad issues concerning how best to deal with the new threat of al-Qaida-styled terrorism and those rogue nations that support terrorism. The two principle documents associated with these concerns are the National Security Strategy of the United States of America ("National Security Strategy") released by the White House on September 17, 2002 and Executive Order …

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