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Motions 2001 Volume 37 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Biological Warfare: Commentary On Chyba's Analysis, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on Christopher Chyba's comparative analysis of biological and nuclear warfare.

Bulletin Of The University Of Notre Dame The Law School 2001–02, Volume 97, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach

Law Faculty Scholarship

This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will …

The Declaration Of Independence: A 225th Anniversary Re-Interpretation, Carlton F.W. Larson

Washington Law Review

The importance of the Declaration of Independence to American law has been obscured by dubious associations with natural rights jurisprudence. Legal scholars have therefore overlooked the numerous ways in which the Declaration is relevant to a host of legal issues. Ample textual and historical evidence demonstrates that the Declaration, not the Articles of Confederation or the Constitution, legally constituted the United States of America as a distinct nation in the world community. The Declaration was not the act of thirteen states declaring their individual independence, but the act of one American people announcing the birth of an American nation. Nor …

The Software Formally Known As "Carnivore": When Does E-Mail Surveillance Encroach Upon A Reasonable Expectation Of Privacy?, Manton M. Grier Jr.

South Carolina Law Review

No abstract provided.

A "Jewish State ... To Be Known As The State Of Israel": Notes On Israeli Legal Historiography, Pnina Lahav

Faculty Scholarship

Israeli legal history is a discipline much younger than the history of its fifty-three-year-old state. It began developing in the 1980s and gained momentum in the late 1990s. ³ In the entire state with its four major law schools and several law colleges⁴ only five scholars consider legal history to be their main field of expertise. ⁵ And yet, Israeli legal history has proven to be an extremely exciting intellectual discipline, attracting many more scholars than these five. Asher Maoz and Leora Bilsky are only two of a growing number who find legal history an intellectually stimulating enterprise. The …

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part I, Ibpp Editor

International Bulletin of Political Psychology

This article comes in two parts - the article and the notes.

Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.

Part II: Notes and bibliography for Part …

Environmental Regulation Of Nanotechnology: Some Preliminary Observations, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Imperative To Conscience: The Impact Of Communications Media On The Practice Of Genocide And Other War Crimes, Paul J. Dombeck

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Legal Accountability In An Era Of Privatized Welfare, Michele E. Gilman

All Faculty Scholarship

When the federal welfare system was reformed in 1996, Congress devolved much of the authority over welfare delivery to the states and gave them the option of contracting out administration of their programs to private entities. Moreover, after welfare reform, enacted as the Personal Responsibility and Work Opportunity Reconciliation Act (PRA), welfare recipients are expected to work to receive benefits. This means that front-line workers must engage in intensive interpersonal counseling rather than simply confirm objective eligibility criteria and dispense checks. As a result, front-line workers have vastly increased discretion. When privatization is layered over this discretionary scheme, issues of …

"An Eye Single For Righteousness", Mark Sidel

Michigan Law Review

In an era in which American internationalism has once again met American empire on the field of law and politics, Henry Wallace's life and work are instructive. Wallace, one of the great internationalists of his era, was Secretary of Agriculture, Secretary of Commerce, Vice President under Franklin D. Roosevelt, the 1948 presidential nominee of the Progressive Party, and founder of Pioneer Hy-Bred, for decades the world's dominant hybrid seed company (pp. 82, 90). John Culver and John Hyde's new biography of Wallace brings this life before a newer generation of Americans concerned with America's place in the law and political …

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …

Globalization And The Nation State, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

15 pages.

Vol. 51, No. 10, April 1, 2001, University Of Michigan Law School

Res Gestae

•Ave Maria Signs Lehman •Grades Shock Students •Basking in the Blue Glow •Rick's Under New Management •The Outsider •New Clinic Course Announced •Impress Your Friends

Santa Clara Magazine, Volume 42 Number 4, Spring 2001, Santa Clara University

Santa Clara Magazine

3 - EL SOL SHINED IN 1968 STUDENT ELECTIONS By Adam Breen. During the 1968 campus elections, an electrical engineering student felt the student body was too apathetic, so he ran for dictator to spur interest. He could have been king, but instead had himself "assassinated " for a greater cause.

12 - DOUBLE LIVES By Susan Vogel. An economic boom in Silicon Valley created opportunities, jobs, and wealth-but those who work here often can't afford to live here. What are employees and employers doing about it?

16 - THE GLACIER PRIEST By Jeff Kunkel. Bernard Hubbard, S.J., was more …

Rescuing Paha Sapa: Achieving Environmental Justice By Restoring The Great Grasslands And Returning The Sacred Black Hills To The Great Sioux Nation, John P. Lavelle

Faculty Scholarship

Looking at a unique proposal of the Conservation Alliance of the Great Plains for establishing a "Greater Black Hills Wildlife Protected Area" in the Northern Plains region. Especially in light of the proposal's potential impacts on the continuing efforts of the Sioux tribes of this region to secure the return of the sacred Black Hills to sovereign tribal ownership.

A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz

University of Miami Inter-American Law Review

No abstract provided.

Treading The Thin Blue Line: Military Special-Operations Trained Police Swat Teams And The Constitution, Karan R. Singh

William & Mary Bill of Rights Journal

The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This Note examines the history, mission, and continuing need for police SWAT teams, addressing the constitutional issues raised concerning training and tactics. It explains how SWAT joint-training with the military is authorized by federal law and concludes that SWAT tactics are constitutionally acceptable in a majority of situations. Though …

Willie Sutton Is On The Internet: Bank Security Strategy In A Shared Risk Environment, Eugene M. Katz, Theodore F. Claypoole

North Carolina Banking Institute

No abstract provided.

An Introduction To The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard

Hofstra Law Faculty Scholarship

The Model Standards redefine the nature of family and divorce mediation practice and result from a Symposium on Standards of Practice convened by the American Bar Association's Family Law and Dispute Resolution Section, AFCC, the ABA's Commission on Domestic Violence and other major family law and family mediation groups. The Symposium developed the Model Standards over a five year period. They were approved by the American Bar Association in February, 2001. I served as reporter for the Model Standards. The article describes the process of drafting the Model Standards and key issues they address. It also contains the text of …

Raiders Of The Lost . . . Sub? The Potential For Private Claims Of Ownership To Military Shipwrecks In International Waters: The Case Of Japanese Submarine I-52, Stephen Paul Coolbaugh

Buffalo Law Review

No abstract provided.

Of Two Wrongs That Make A Right: Two Paradoxes Of The Evidence Law And Their Combined Economic Justification, Alex Stein

Faculty Scholarship

No abstract provided.

Causes Of Action For Foreign Victims Of Economic Espionage Abroad By U.S. Intelligence, Michael Mosier

Duke Journal of Comparative & International Law

No abstract provided.

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

Friendly Fire: The Mandatory Military Anthrax Vaccination Program, Randall D. Katz

Duke Law Journal

No abstract provided.

The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff

Duke Law Journal

For the fifteen years prior to the Supreme Court's 1954 decision in Brown v. Board of Education, "civil rights" did not refer to a unified, coherent category. Rather, the content of the term was open, changing, and contradictory. The lawyers of the Civil Rights Section of the Department of Justice, which was created in 1939, were among those thinking about, and experimenting with, different ways of practicing and framing civil rights in the 1940s. Their practice shows how, as the Great Depression faded and World War II loomed, the most prominent civil rights issues shifted from the labor arena to …

Lex Americana: Constitutional Due Process And The Nuremberg Defendants, Jonathan A. Bush

Saint Louis University Law Journal

No abstract provided.

Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong

Washington International Law Journal

Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …