Digital Commons Network^™

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood

Villanova Law Review (1956 - )

No abstract provided.

Alternative Dispute Resolution In The Entertainment Industry

Cardozo Journal of Conflict Resolution

No abstract provided.

Awakening A Sleeping Dog: An Examination Of The Confusion In Ascertaining Purposeful Discrimination Against Interstate Commerce, Julian Cyril Zebot

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

No abstract provided.

Suing The Insecure?: A Duty Of Care In Cyberspace, Stephen E. Henderson, Matthew Yarbrough

Faculty Articles

The Internet, already of major significance throughout much of the globe, is expected to become increasingly pervasive in diverse arenas, from health care, to commerce, to entertainment, and is expected to become increasingly critical to essential infrastructures, including banking, power, and telecommunications. Yet the medium is both inherently and unnecessarily insecure. In particular, today’s Internet can be crippled by distributed denial-of-service attacks launched by relatively unsophisticated and judgment-proof parties. Not every computing system involved in such attacks, however, is necessarily without resources. Application of traditional negligence liability, coupled with other government incentives and support institutions, will encourage better security and …

Reply To Professor Tarpley's Comment Regarding Justice Sandra Day O'Connor, Jean H. Toal

South Carolina Law Review

No abstract provided.

The United States As Antitrust Courtroom To The World: Jurisdiction And Standing Issues In Transnational Litigation, Spencer Weber Waller

Loyola Consumer Law Review

No abstract provided.

Reading Between The Lines: Why A Qualified "Clean Hands" Exception Should Preclude Suppression Of Wiretap Evidence Under Title Iii Of The Omnibus Crime Control And Safe Streets Act Of 1968, Shaun T. Olsen

Valparaiso University Law Review

No abstract provided.

The Use Of Force In Response To Cyber-Attack On Commercial Space Systems - Reexamining Self-Defense In Outer Space In Light Of The Convergence Of U.S. Military And Commercial Space Activities, Christopher M. Petras

Journal of Air Law and Commerce

No abstract provided.

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a …

Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii

Faculty Publications

Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth

Michigan Journal of International Law

This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.

(Dis)Embedded Women, Rhoda E. Howard-Hassmann

Michigan Journal of International Law

The position argued in this Article is that women's rights are individual rights. To explain this position, the Article will progress along the following arguments: 1) The dichotomy between Western individualism and non-Western collectivism is false. 2) Much of the debate regarding the role of women and women's rights confuses interest and identity. 3) Women do not necessarily constitute a social group. 4) "Women's" rights are actually universal human rights: they pertain mostly to women, but also to men. 5) The debate about whether women are a social group is rooted in part in differing conceptions of women's embeddedness in …

Searching For The False Shout Of "Fire", L. A. Scot Powe

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

The Least Of Evils For Judicial Selection, Leslie Southwick

MC Law Review

Symposium - The Judicial Selection

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

Sovereignty, Territoriality, And The Rule Of Law, Joan Fitzpatrick

UC Law SF International Law Review

On November 13, 2001, President George W. Bush issued a Military Order in which he claimed power as Commander in Chief to detain indefinitely and to try, by ad hoc military commissions, persons designated by him as international terrorists. This Order represents a stunning claim to absolutist power and a rejection of any meaningful legal constraints on the treatment of the captives. The Order and the "War on Terrorism" on which it is premised challenge the most commonly accepted principles of post-Westphalian sovereignty: exclusive control over territory, noninterference, and equality among states.

The legal premise for the Order is the …

Corporate Courtship Gone Sour: Applying A Bankruptcy Approach To Termination Fee Provisions In Merger And Acquisition Agreements, Ely R. Levy

Hofstra Law Review

This paper examines Delaware's judicial treatment of deal protection measures, particularly termination fee provisions. The paper explores the tension between the economic function of these provisions in inducing bidders and potentially compensating them for opportunity and transaction costs in the event of deal termination vs. the ability of large termination fees to constrain and coerce shareholder choice by obligating the target to pay out the fee in the event of a shareholder no vote.

In light of these issues, the paper explores the different standards of review that Delaware courts have and could potentially apply in ex post review of …

Patenting Dilemma: Drugs For Profit Versus Drugs For Health, Christopher K. Eppich

Santa Clara Law Review

No abstract provided.

A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack

Cornell Law Review

No abstract provided.

Cynicism, Phenomenology, And The Problem Of Paradox: Dilemmas Of Public Law Discourse, Yvette M. Barksdale

Cornell Law Review

No abstract provided.

Plagiarism, Norms, And The Limits Of Theft Law: Some Observations On The Use Of Criminal Sanctions In Enforcing Intellectual Property Rights, Stuart P. Green

UC Law Journal

As the recent controversies surrounding alleged unattributed copying by historians Doris Kearns Goodwin and the late Stephen Ambrose illustrate, plagiarism is a concept that evokes both strong passions and genuine puzzlement. Because it is not, strictly speaking, a legal concept, plagiarism has mostly been ignored by legal commentators. In this article, Professor Green seeks to use criminal law concepts (such as intent, willful ignorance, consent, harm, and the distinction between mistake of law and mistake of fact) to elucidate the meaning of plagiarism; and the idea of plagiarism to explore the outer limits of theft law (particularly as it relates …

So It Will Be Found That The Right Of Women In Many Cases Is Of Diminished Condition: Rights And The Legal Equality Of Men And Women In Twelfth And Thirteenth-Century Canon Law, Charles J. Reid Jr.

Loyola of Los Angeles Law Review

No abstract provided.

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …

Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Faculty Scholarship

In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …

Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross

Faculty Scholarship

This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.

September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs

Fordham Urban Law Journal

This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …

Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress

Fordham Urban Law Journal

This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.

The Opinion Volume 54 Issue 3 – January 1, 2002, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue from 2002. Original publishing date unknown.

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …