Digital Commons Network^™

Negotiating With Terrorists And Non-State Actors: The Journey To World Peace

Cardozo Journal of Conflict Resolution

Panelists and participants explored the use of alternative dispute resolution processes in resolving international conflicts. The panelists addressed: (1) Who are terrorists according to traditional definitions (non-state actors and freedom fighters), prevailing attitudes (fundamentalists), and recent regulations, (2) Does negotiation with terrorists work, and what are the benefits, disadvantages, and alternatives, (3) Whether there is a need for international law and policy reformation.

Does Lord Darcy Yet Live - The Case Against Software And Business-Method Patents, Jay Dratler Jr.

Santa Clara Law Review

No abstract provided.

Is The Endangered Species Act Eco-Pragmatic?, J.B. Ruhl

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

No abstract provided.

Reconsidering Legalism, Robin West

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

No abstract provided.

Triptych: Three Mediations On How Law Rules After Globalization, David A. Westbrook

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Lawfulness Of Operation Enduring Freedom's Self-Defense Responses, George K. Walker

Valparaiso University Law Review

No abstract provided.

Declaring War On The War Powers Resolution, Andre Miksha

Valparaiso University Law Review

No abstract provided.

"Mirror, Mirror On The Wall . . . ": Assessing The Aftermath Of September 11th, Steven W. Becker

Valparaiso University Law Review

No abstract provided.

Fire In The Sky: A Critical Look At Arming Pilots With Handguns, Monica G. Renna

Journal of Air Law and Commerce

No abstract provided.

Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton

Michigan Journal of Race and Law

Based upon the premise that land reform is essential to creating socio-economic equality, easing racial tensions and stemming the tide of violence in South Africa, this note will provide suggestions for effective land reform policy. To accomplish this, this Note will examine the paths taken by several other transitional African governments in land reform policy. It will attempt to extract practical lessons from their experiences and apply them towards the development of effective land redistribution policy in South Africa. Part I of this note will provide a historical overview of colonialism and land law in Africa. Part II will examine …

Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe

Michigan Journal of Race and Law

Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor landowners. …

The World Trade Center - Terrorist Airline Destruction: Will This Be The First Test Of The War Between The Montreal Liability Convention's Article 21(2)(A) And 21(2)(B), Larry Moore

Journal of Air Law and Commerce

No abstract provided.

Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger

Faculty Scholarship

The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …

Comment: Selective Disservice: The Indefensible Discrimination Of Draft Registration, William A. Kamens

American University Law Review

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

Faculty Articles

Because of the dangers presented by al-Qaeda style terrorism, the United States has crafted a variety of robust anti-terrorism responses. One of the more controversial of these is the indefinite detention of suspected enemy combatants, and the associated question as to whether the United States can and does employ torture.

Many prominent voices, such as Professor Alan Dershowitz, have advocated a judicial exception allowing torture as an interrogation tool in special instances, but the United States has struggled to find an appropriate balance between civil liberties and security concerns. To succeed in the War on Terror, the U.S. cannot allow …

Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez

Michigan Journal of International Law

Review of Globalization and Its Discontents by Joseph E. Stiglitz

Kosovo: Virtual War And International Law, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Quarantine Redux: Bioterrorism, Aids And The Curtailment Of Individual Liberty In The Name Of Public Health, Wendy E. Parmet

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

The Participation Of States And Citizens In Global Governance, Saskia Sassen

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

Indiana Journal of Global Legal Studies

No abstract provided.

The Democratization Process And Structural Adjustment In Africa, Muna Ndulo

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran

Journal Articles

The essays and articles in this Symposium highlight the importance of religion for properly understanding the nature of law, feminism, globalization, human rights, international legal history, and judicial decision making. These essays and articles also challenge the academy to accept a more sophisticated understanding of religion and to understand its importance for all academic inquiry.

[email protected]: Toward A Critical Theory Of Cyberspace, A. Michael Froomkin

Articles

No abstract provided.

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Anticipatory Self-Defence Under International Law, Leo Van Den Hole

American University International Law Review

No abstract provided.

The Military's Involvement In Law Enforcement: The Threat Is Not What You Think, Michael T. Cunningham

Seattle University Law Review

This Article will first briefly discuss the Posse Comitatus Act and its applicability in different situations, the exceptions to the PCA, and the use of DOD military services in counter-drug operations. Next, extraterritorial applications of the PCA will be briefly examined. Finally, the effects law enforcement activities may have on military readiness will be discussed.

War-Risk, Hijacking & Terrorism Exclusions In Aviation Insurance: Carrier Liability In The Wake Of September 11, 2001, Erwin E. Caban

Journal of Air Law and Commerce

No abstract provided.

The Failure Of Local And Federal Prosecutors To Curb Police Brutality, Asit S. Panwala

Fordham Urban Law Journal

Although police departments across the country have attempted to ameliorate the hostility between police officers and the cumminity, through careful screening of applicants, minority recruitment, and community policing, police brutality remains a problem within our urban cities. This Essay will first argue that police brutality is largely ignored. Second, it will examine the obstacles facing local and federal prosecutors in obtaining convictions. Then it will compare the advantages and disadvantages of delegating primary responsibility for these cases to the state versus the federal level. Finally, it will argue that, although there are obstacles and advantages for both local and federal …