Digital Commons Network^™

Perpetrators Of Genocide: An Explanatory Model Of Extraordinary Human Evil, James Waller

Journal of Hate Studies

According to Jewish-Christian tradition, the first time that death appeared in the world, it was murder. Cain slew Abel. “Two men,” says Elie Wiesel, and “one of them became a killer.” Throughout human history, social conflict is ubiquitous. Wars erupt naturally everywhere humans are present. Since the Napoleonic Wars, we have fought an average of six international wars and six civil wars per decade. The four decades after the end of World War II saw 150 wars and only 26 days of world peace—and that does not even include the innumerable internal wars and police actions. Buried in the midst …

Christian Identity: An American Heresy, David Ostendorf

Journal of Hate Studies

Christian Identity is a belief system so strange, indeed bizarre, that most Americans who know anything about it dismiss it outright and relegate those who believe it to the quaint and quirky fringes of the nation’s religious subcultures.

How seriously, for example, can one take the notion that God created Adam as a white man and that other races are sub-human? Or the belief that the lost tribes of Israel traversed Europe, landed in Great Britain, and crossed the Atlantic to inherit—as white Christian racialists—the promises of God? Or that Jesus came only to reach out to and save this …

Bioterrorism, Public Health, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Bioterrorism, Public Health, And Civil Liberties, George J. Annas

Faculty Scholarship

The prospect of having to deal with a bioterrorist attack, especially one involving smallpox, has local, state, and federal officials rightly concerned. Before September 11, most procedures for dealing with a bioterrorist attack against the United States were based on fiction. Former President Bill Clinton became engaged in the bioterrorism issue in 1997, after reading Richard Preston's novel The Cobra Event. In Tom Clancy's 1996 Executive Orders, the United States is attacked by terrorists using a strain of Ebola virus that is transmissible through the air. To contain the epidemic, the President declares a state of emergency, orders that …

On Justice And War: Contradictions In The Proposed Military Tribunals, George P. Fletcher

Faculty Scholarship

The autumn of our anguish has passed, and we are still confused about how to describe the use of military force in Afghanistan. We are torn between using the language of justice and the language of war. Is this an attack by private individuals, a case of a single terrorist writ large? If the mass killings of September 11 are the crimes of individuals – Islamic fundamentalist versions of Timothy McVeigh – then we can think about arresting them and bringing them to "justice." The mantra of the Bush team, "bringing justice to them and them to justice," has seeped …

The Evolution Of Corporate Law: A Cross- Country Comparison, Katharina Pistor, Yoram Keinan, Jan Kleinheisterkamp, Mark D. West

Faculty Scholarship

The importance of law and legal institutions for economic development is widely acknowledged today. The invention of credit mechanisms to support long-distance trade has been hailed as one of the preconditions for the development of capitalism in Europe. The corporate form is regarded as another milestone for industrialization, the creation of viable market economies, and ultimately economic prosperity. Many former socialist countries quickly enacted new corporate codes or revived their pre-World War Two ("WWII") legislation. The failure of major privatization efforts to enhance enterprise efficiency is attributed to weaknesses in corporate governance, of which the corporate law is a crucial …

Book Review, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Cooperation Within Anarchy: A Case Study Of The Success Of Commercial Banking During The Lebanese Civil War, Mona Kalash

University Avenue Undergraduate Journal of Economics

This paper analyses the success of the Lebanese banking system during the Lebanese civil war, which lasted from 1975 until 1989. As the rest of the economy plunged into recession due to intense warfare and governmental collapse, the bankers and their clients continued to cooperate across battle lines in the loaning business. The argument of the paper is that the linkage of social and economic games and the importance of reputation in business created incentives for bankers and businessmen to cooperate in the Prisoner’s Dilemma game of lending and borrowing. I challenge the theoretical perspective that cooperation is not possible …

The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little

William & Mary Bill of Rights Journal

No abstract provided.

Regulatory Review By The Executive Office Of The President: An Overview And Policy Analysis Of Current Issues, James F. Blumstein

Duke Law Journal

No abstract provided.

Brief Of The Becket Fund For Religious Liberty As Amicus Curiae In Support Of Petitioners, Richard W. Garnett, Kevin J. Hasson, Eric W. Treene, Roman P. Storzer, Anthony R. Picarello Jr.

Court Briefs

Nos. 00-1751, 00-1777, 00-1779
Susan Tave Zelman v. Doris Simmons-Harris

On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit

From the Summary of the Argument

Petitioners and other amici undoubtedly will address fully how the program at issue in this case should be upheld on the grounds that it involves the same principle that led to this Court upholding the aid in Mueller v. Allen, 463 U.S. 388 (1983), Witters v. Washington Dept. of Services for the Blind, 474 U.S. 481 (1986), and Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. …

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

When strong emotions are triggered by a risk, people show a remarkable tendency to neglect a small probability that the risk will actually come to fruition. Experimental evidence, involving electric shocks and arsenic, supports this claim, as does real-world evidence, involving responses to abandoned hazardous waste dumps, the pesticide Alar, and anthrax. The resulting “probability neglect” has many implications for law and policy. It suggests the need for institutional constraints on policies based on ungrounded fears; it also shows how government might effectively draw attention to risks that warrant special concern. Probability neglect helps to explain the enactment of certain …

A View From 40,000 Feet: International Law And The Invisible Hand Of Technology, Colin B. Picker

Cardozo Law Review

No abstract provided.

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Vanderbilt Law Review

In this Article, Professor Wendel analyzes the advantages and disadvantages of community-based responses to unethical behavior by lawyers. The limits of formal legal regulation of the legal profession are well known. Additional questions have been raised about the efficacy of motivating lawyers to act ethically merely by giving appropriate instruction. What is left, therefore, is a complex and little-studied, but very real, array of informal sanctions. These sanctions are controlled by individual members of the professional community, not by the court or organized bar, and therefore operate largely without the transparency and procedural regularity of formal legal regimes. The advantage …

Who Owns A Corporation And Who Cares?, Richard A. Booth

Chicago-Kent Law Review

This Article focuses on the conventional theory that a corporation is owned by its stockholders and argues that the theory retains little if any explanatory or predictive force. After a brief consideration of the need for and function of legal theories in general and the evolution of the stockholder ownership theory, the Article proceeds to describe how the takeover wars of the 1980s brought into high relief the unavoidably conflicting interests of stockholders and managers, owing primarily to the fact that investor-stockholders are free to diversify whereas managers generally are not. Although the stockholder ownership theory is consistent with the …

Of Theory And Practice, Tamar Frankel

Chicago-Kent Law Review

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Article explores the working and interaction of theory and practice, practitioners and theorists. This Article starts with a story about solving a legal issue using our intellectual tools—theory, practice, and their progenies: experience and "gut." Next the Article elaborates on the nature of theory, practice, experience and gut. The third part of the Article discusses theories that are helpful to practitioners …

A Comment On Justice O'Connor's Quest For Power And Its Impact On African American Wealth, Joan Tarpley

South Carolina Law Review

No abstract provided.

Toward A Community Of Professionalism, Elliot L. Bien

The Journal of Appellate Practice and Process

Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.

The Prometheus Principle: Using The Precautionary Principle To Harmonize The Regulation Of Genetically Modified Organisms, John S. Applegate

Indiana Journal of Global Legal Studies

No abstract provided.

America's Anti-Hijacking Campaign - Will It Conform To Our Constitution, Addie S. Ries

North Carolina Journal of Law & Technology

No abstract provided.

A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Conflict Prevention, Management, And Resolution: Africa — Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt

Duke Journal of Comparative & International Law

No abstract provided.

Countering Hate Messages That Lead To Violence: The United Nations’S Chapter Vii Authority To Use Radio Jamming To Halt Incendiary Broadcasts, Alexander C. Dale

Duke Journal of Comparative & International Law

No abstract provided.

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …

Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School

Res Gestae

•'Til Tuesday •Human Spirit •In the Wake of the News •Apocalypse When •Never the Same Again •The Case for Rage and Retribution •Video Crop Anemic •The Insider •Crossword

Melville’S Billy Budd And The Trials Of Captain Vere, Edwin M. Yoder Jr.

Saint Louis University Law Journal

No abstract provided.

Commentary On Psychological Warfare In The 21st Century, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on 21st century challenges--threats and opportunities--to the practice of psychological warfare.

Problems With Wto Dispute Settlement, Alan Wm. Wolff

Chicago Journal of International Law

The open multilateral trading system that has been part of the international economic architecture of the last six decades has brought unparalleled growth and economic well-being to a larger proportion of the world than in any prior era. Those who care about preserving and enhancing this progress should be concerned about the serious systemic problems that threaten to undermine the legitimacy of the systems institutions. One such institution-arguably the most important one-is the dispute settlement mechanism established in 1994 under the World Trade Organization ("WTO") agreements. Claude Barfield has written a timely and important analysis of the WTO dispute settlement …