Digital Commons Network^™

Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova

Fordham International Law Journal

Snapshot of the state of asylum seekers' rights in the United States and the UK at the time it was written. It provides an overview of U.S. and UK obligations to asylum seekers under international human rights law. The Comment also discusses the basics of U.S. and UK domestic law and procedure relevant to claims for asylum. The author advocates that the United State and the UK adopt a comprehensive approach to preserve asylum seekers' rights and concludes that domestic law should not become a pretext for human rights violations of asylum seekers in the post-September 11th world.

Kosovo And The Limits Of International Law, David Wippman

Fordham International Law Journal

This article examines the legality and wisdom of the North Atlantic Treaty Organization (“NATO”) intervention in Kosovo in 1990. The Kosovo campaign pushed at the boundaries of international law in at least two important respects. First, NATO's decision to engage in large-scale military action without prior Security Council authorization raised significant doubts about the status of the law governing the use of force and the viability of United Nations (“U.N.”) primacy in matters of international peace and security. Second, NATO's high-altitude bombing campaign, conducted without a single NATO combat casualty but with significant civilian casualties within the FRY, called into …

Immigration At The Turn Of The New Century, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …

Certain Legal Questions Raised By The Septermber 11th Attacks, Robert K. Goldman

Human Rights Brief

No abstract provided.

The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan

Cleveland State Law Review

The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …

Politics And Human Rights In International Criminal Law: Our Case Against Nato And The Lessons To Be Learned From It, Michael Mandel

Fordham International Law Journal

This article outlines the case against NATO as having committed war crimes that the author believes should have been tried before the ICTY. The author argues that by not subjecting countries like the United States and other NATO members to international criminal trials and consequences, it undermines international criminal law. The author concludes by discussing the ICC and the United States qualified signing of, and suggested withdrawal from, the treaty and the ramifications that it has for the legitimacy of international criminal law.

The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash

Fordham Law Review

No abstract provided.

The Third Annual Grotius Lecture: Just War And Humanitarian Intervention, Jean Bethke Elshtain

American University International Law Review

No abstract provided.

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Ishi Obscura, Gerald Vizenor

UC Law Environmental Journal

No abstract provided.

Was Genocide Committed In Bosnia And Herzegovina? First Judgments Of The International Criminal Tribunal For The Former Yugoslavia, William A. Schabas

Fordham International Law Journal

There are to date some six significant judicial pronouncements dealing with the interpretation and application of article 4--genocide - of the ICTY Statute: two Rule 61 hearings; the Trial Chamber rulings in Jelisic, Krstic, and Sikirica; and the Appeals Chamber decision in Jelisic. In the course of these judgments, the ICTY has made important pronouncements about the actus reus of genocide, the nature of the protected groups, the quantitative dimension of the crime, and the concept of intent.

It is now nearly a decade since international justice began examining whether genocide was committed in Bosnia. Astonishingly, the really big question-and …

Male And Female Genital Alteration: A Collision Course With The Law?, Dena S. Davis

Health Matrix: The Journal of Law-Medicine

No abstract provided.

"Nor Long Remember", Daniel A. Farber

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

Book Review of Our secret constitution: How Lincoln redefined American democracy. By George P. Fletcher. Oxford University Press. 2001. Pp. ix, 292. Reviewed by: Daniel A. Farber

Foreign Affairs Federalism And The Separation Of Powers, John C. Yoo

Villanova Law Review (1956 - )

No abstract provided.

Is Evidence Of Rape Relevant And Therefore Admissible Where Genocide, But Not Crimes Against Humanity (Rape), Has Been Charged In An Indictment?, Kathleen Cavanaugh

War Crimes Memoranda

No abstract provided.

Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts

Faculty Articles

Fostering democracies and encouraging military establishments, which are subject to the rule of law, is vital to United States national security interests. In this regard, the American warfighting unified commands mirror the overall U.S. national security policy of peacetime engagement, not only by maintaining close contacts with friendly governments for the purpose of imparting democratic ideals and principles, but by focusing this commitment to support new democracies through detailed engagement plans.

U.S. Southern Command’s engagement plan for Latin America creates a “community of democratic, stable, and prosperous” nations. This plan also provides a blueprint for democracy-building in the context of …

Self-Determination And The American Indian: A Case Study, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States has repeatedly victimized indigenous populations by stripping away tribal sovereignty and self-determination. One such example is Indian tribal reservations historical absence of jurisdictional autonomy. Prior to 1953, Indian tribal reservations shared jurisdiction with the federal government, allowing some semblance of autonomy. However, passage of Congress’s Public Law 280 erased this form of self-determination. This law enabled states to assume all civil and criminal jurisdiction over Indian tribal reservations. More recently, however, reservations have slowly begun to regain jurisdictional autonomy through the process of retrocession: the act of returning something taken. The achievements of the Winnebago Tribe of …

United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin

UC Law SF Journal on Gender and Justice

This article examines the recognition given to sexual minorities through United States asylum law. This article begins with a general explanation of the evolution of asylum law and an overview of the different categories of persons eligible to apply for asylum, particularly persons facing persecution as a social group. Then the article discusses the traditional construction of gender and sexuality in lieu of persons who do not fit into the dimorphic, male/female, gender and sexual categories. These sexual minorities often face extreme hardship, government persecution and death in their home countries for stepping outside of culturally imposed sexual and gender …

Anthony Huemiller V. Ogden Police Department, Ogden Civil Service Commision : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal From Decision of the Ogden Civil Service Commission

The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft

UC Law SF Communications and Entertainment Journal

No one has yet been able to agree on the meaning of the copyright laws related to webcast licensing and fees or how to define and treat new technological advances, innovations and uses. This article provides background into the history of the copyright law as it relates to music webcasting, including the Digital Performance Right in Sound Recordings Act of 1995 ("DPRA") and the DMCA, explains the various forms of copyright protection held in recorded sound performances and its relation to online transmissions, discusses the history of the complex, legal situation which has resulted, new developments surrounding the proposed Music …

Free Speech For Lawyers, W. Bradley Wendel

UC Law Constitutional Quarterly

The application of First Amendment doctrine to cases involving expressive liberties of lawyers and judges has been remarkably inconsistent. Courts are split on such fundamental issues as whether lawyers' speech should be considered core political expression or some other category of speech with diminished constitutional protection; whether lawyers give up some of their expressive freedoms upon becoming members of the bar; and whether government interests such as maintaining the public's respect for lawyers are sufficient bases for restricting speech. This Article considers how constitutional principles such as the principle of content- and viewpoint-neutrality, the distinction between speech and conduct, the …

Rejoinder By Jim Chen, "Globalization And Its Losers": Epiphytic Economics And The Politics Of Place, Jim Chen

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

No abstract provided.

Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce

Faculty Scholarship

No abstract provided.

Remembering Mrs. Murphy: A Remedies Approach To The Conflict Between Gay/Lesbian Renters And Religious Landlords, Marie Failinger

Faculty Scholarship

There have been a number of legislative, caselaw and academic attempts at trying to resolve the conflict between the non-discrimination rights of gay and lesbian couples seeking housing and the free exercise rights of religious landlords who don't believe they should rent to unmarried couples. The academic writing often tries to resolve this conflict either by minimizing the harm to one of the parties (e.g., by categorizing the landlord's harm as merely commercial, or the tenant's as merely a problem of housing availability) or denying the relative importance of one of the party's rights. Others attempt a more positivist approach, …

"On The Make": Campaign Funding And The Corrupting Of The American Judiciary, David R. Barnhizer

Law Faculty Articles and Essays

The thesis offered here is that the cost of judicial campaigns has reached a level where both candidates and sitting judges are shaping their behavior to attract financial and other support. This not only results in distortion of judicial selection by repelling meritorious potential candidates who are unwilling to compromise their principles, but in the capture of judges by special interests willing to finance judicial campaigns. Some argue that the great increase in contributions to judicial candidates simply means that contributors are giving to candidates they feel certain will support their positions. To some extent this is certainly true. But …

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

UC Law SF International Law Review

No abstract provided.

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

No abstract provided.