Digital Commons Network^™

The Jurisprudence Of The Military Industrial Complex, Laura Spitz, Ann Scales

Faculty Scholarship

What is the jurisprudence of the military-industrial complex? The military-industrial complex has arrived at a comfy situation where it is either exempt from the rule of law, or else gets to make every decision that informs what the rule of law would require in a given situation. Professor Sptiz talks about the connections among business interests and military interests, focusing on the business or industrial aspects of the military-industrial complex.

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

Faculty Publications

No abstract provided.

Corporations Without Labor: The Politics Of Progressive Corporate Law, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article examines how, in the course of the twentieth century, legal scholars and political theorists helped remove the interests of workers (as differentiated from shareholders, officers, and directors) from the core concerns of corporate law and theory. Specifically, the article demonstrates how scholars' conversations about corporate entities and corporate power were influenced by a shared cultural and intellectual objection to Marxist class analysis with its focus on the proletariat. It further explores how the purging of the working class from the scholarly imagination paved a way, first, for the rise of the new classes of managers and owners and …

Accounting For Science: The Independence Of Public Research In The New Subterranean Administrative Law,, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

States And Internet Enforcement, Joel R. Reidenberg

Faculty Scholarship

This essay addresses the enforcement of decisions through internet instruments. The starting point is a brief justification of internet enforcement as the obligation of democratic states. Next, the essay argues that the movement to re-engineer the internet infrastructure by public and private actions also facilitates state enforcement of legal and policy decisions. The essay maintains that states will increasingly try to use network intermediaries such as payment systems and Internet Service Providers as enforcement instruments. Finally, and most importantly, the essay focuses on ways that states may harness the power of technological instruments such as worms, filters and packet interceptors …

Questioning The Universality Of Human Rights, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Universal Human Rights? edited by Robert G. Patman. New York: St. Martin’s Press, 2000. 244pp.

and

Dealing with Human Rights: Asian and Western Views on the Value of Human Rights edited by Martha Meijer. Bloomfield, CT: Kumarian Press, 2001. 183pp.

and

The Philosophy of Human Rights by Patrick Hayden. St. Paul: Paragon House, 2001. 686pp.

Re-Imagining Justice, Robin West

Georgetown Law Faculty Publications and Other Works

What do we mean by legal justice, as opposed to distributive, or social, or political justice; what is the justice, that is, we hope law promotes? What is the justice that lawyers and judges, peculiarly, are professionally committed to pursue? What is the virtue around which, arguably, this profession, and the individuals within it, have defined their public lives?

Justice -- and more particularly legal justice -- is a badly under-theorized topic in jurisprudence; perhaps surprisingly, there is little written on it. The paucity of writing of course has a history. It can be traced to the turn of the …

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

Vectoral Federalism, Scott Dodson

Faculty Publications

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

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

Faculty Publications

In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Facing Tyranny With Justice: Alternatives To War In The Confrontation With Iraq, George Bisharat

Faculty Scholarship

No abstract provided.

Nietzsche Between Jews And Jurists: A Note On The Christian Filiation Of The Anti-Christ, Anton Schütz

Cardozo Law Review

No abstract provided.

Building Peace In Northern Ireland: Christian Reconcilers In An Economy Of Hate, Eric Getty

Journal of Hate Studies

The Ardoyne neighborhood is not a place a tourist would want to visit. Its streets today are the front lines of what some would classify as a religious holy war, and are the regular backdrop for violent scenes of masked demonstrators, burning cars, and heavily armed soldiers and riot police. Guard towers, walls topped with barbed wire, armored cars, and helicopters are part of daily life in this area, but this neighborhood is not in the Middle East. Rather, it lies far to the north in Belfast, Northern Ireland, part of industrialized Western Europe. Here, row upon row of run-down …

Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart

All Faculty Publications

The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticized. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. It concludes that the law developed to determine this “internationalization” …

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

All Faculty Publications

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.

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Legal Regulation Of The Effects Of Military Activity On The Environment, Daniel M. Bodansky

Scholarly Works

While in times of peace a growing number of multilateral environmental agreements serves to protect the environment, existing international law affords only very limited protection against the threats of war to the environment. This is the finding of a study by Prof. Daniel Bodansky, University of Georgia, USA on behalf of the German Federal Environmental Agency (Umweltbundesamt) which reviews the adequacy of the law of war and of the general principles of international law to protect the environment. At present international law leaves nation states with a wide degree of discretion to justify environmental harm caused by acts of war.

Law, Religion, And Human Rights In Global Perspective, Mark Modak-Truran

MC Law Review

Law and Religion Symposium: Introduction

Controversies In Divorce Mediation, Dennis P. Saccuzzo

North Dakota Law Review

No abstract provided.

Computer Attacks On Critical National Infrastructure: A Use Of Force Invoking The Right Of Self-Defense, Eric Talbot Jensen

Faculty Scholarship

Computer networks create tremendously increased capabilities but also represent equally increased vulnerabilities. These vulnerabilites are especially acute in relation to potential attacks on critical national infrasturucture. This Article proposes that international law must evolve to recognize that attacks against a nation's critical national infrastructure from any source constitute a use of force. Such attacks, therefore, give the victim state the right to proportional self-defense - including anticipatory self-defense - even if the computer network attack is not an armed attack under Article 51 of the United Nations Charter. Due to the instantaneous nature of computer network attacks, the right to …

The Role And Responsibility Of Minor Stakeholders In The Elimination Of Substandard Shipping : A Critical Analysis, Wayne A. Mykoo

World Maritime University Dissertations

No abstract provided.

Addressing Major Maritime Security Issues Of Global, Regional And National Significances : Law And Policy Implications In The Context Of China, Yingping Li

World Maritime University Dissertations

No abstract provided.

The Living Commerce Clause: Federalism In Progressive Political Theory And The Commerce Clause After Lopez And Morrison, Eric R. Claeys

William & Mary Bill of Rights Journal

"Living Constitution " ideas are most often associated with individual-rights guarantees like equal protection and due process, but they were originally developed in the early twentieth century to revolutionize the law of the structural Constitution - including the Commerce Clause. In this Article, Professor Claeys interprets Progressive political theory, which played a crucial role in legitimating the expansion of the national government. As applied to federalism, Progressive living-Constitution theory required that the Commerce Clause be interpreted as a constitutional transmitter letting the national government regulate whatever the American people deem to be a national problem. He suggests that this notion …

“Private” Crime In Public Housing: Violent Victimization, Fear Of Crime And Social Isolation Among Women Public Housing Residents, Claire M. Renzetti, Shana L. Maier

CRVAW Faculty Journal Articles

Although public housing is typically associated with high crime rates, little research has been done on fear of crime or violent victimization experiences among public housing residents. Moreover, there are few studies that look specifically at women’s fear of crime or violent victimization experiences in public housing, despite the fact that women constitute the majority of public housing residents. These issues were examined in the present study through interviews with female public housing residents in Camden, New Jersey (NJ). The interviews reveal high rates of violent victimization, especially at the hands of intimates and acquaintances. Fear of crime is also …

Befogged Vision: International Environmental Governance A Decade After Rio, Nicholas A. Robinson

William & Mary Environmental Law and Policy Review

No abstract provided.

Animals As Objects, Or Subjects, Of Rights, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

From the earliest times, animals were understood as object of human rights. That result did not depend on some limited understanding of their capabilities for cognition and sensation, but rather rested on the strong sense that without domestication human beings could not secure their own advancement. The modern claims for animal rights cannot therefore be justified by an appeal to some newer and deeper understanding of the subject, but must rest on the claim that what they share with human beings is more important than what separates them. Those common elements do justify some level of animal protection but does …

Chapter Iv: Contemporary Case Studies Of United Statesforcible Protection Of Nationals Abroad

International Law Studies

No abstract provided.

Full Volume 77: Lillich On The Forcible Protection Of Nationals Abroad

International Law Studies

No abstract provided.