Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8761 - 8790 of 13093

Full-Text Articles in Entire DC Network

Was Amerindian Dispossession Lawful? The Response Of 19th-Century Maritime Intellectuals, D G. Bell Apr 2000

Was Amerindian Dispossession Lawful? The Response Of 19th-Century Maritime Intellectuals, D G. Bell

Dalhousie Law Journal

In the half-century ending about the time of Confederation a dozen writers addressed awkward questions about an earlier generation's dispossession of Maritime Amerindians from land and resources: had it been lawful; if so, how; if not, what should be done? In the main they approached it as an abstract question, divorced from those particulars of local history that would become the focus of late-20th-century investigation. Those who theorized that English tradition made dispossession lawful did so with reference to the doctrine of "discovery" or to the proposition, grounded in Locke and accepted widely in colonial public opinion, thatAmerindian possession of …


Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page Apr 2000

Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page

William & Mary Environmental Law and Policy Review

No abstract provided.


Can Party Politics Be Virtuous?, James A. Gardner Apr 2000

Can Party Politics Be Virtuous?, James A. Gardner

Journal Articles

No abstract provided.


Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. A. Ruhl Apr 2000

Working Both (Positivist) Ends Toward A New (Pragmatist) Middle In Environmental Law, J.B. A. Ruhl

Vanderbilt Law School Faculty Publications

This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating Farber's union of ecosystem dynamics science and environmental pragmatism philosophy, and the basis for extending the new "eco-pragmatism" approach into natural resources conservation settings. Eco-pragmatism implies the intersection of two components-the eco, being the rich and developing field of ecosystem science and management, and the pragmatism, being the classical American pragmatist philosophy represented today in environmental settings through the emergence of environmental pragmatism philosophy. Unfortunately, Eco-pragmatism provides little …


Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School Mar 2000

Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School

Res Gestae

•Blood Will Flow Thursday •LSSS Ballot Box Opens Next Week •South Africa II •Interview •Grade Curve •Movie Reviews •The Final Darrow


Moral Foundations Of Military Service, Martin L. Cook Feb 2000

Moral Foundations Of Military Service, Martin L. Cook

The US Army War College Quarterly: Parameters

No abstract provided.


The Qdr: Improve The Process To Improve The Product, David E. Snodgrass Feb 2000

The Qdr: Improve The Process To Improve The Product, David E. Snodgrass

The US Army War College Quarterly: Parameters

No abstract provided.


Kosovo And The Current Myth Of Information Superiority, Timothy L. Thomas Feb 2000

Kosovo And The Current Myth Of Information Superiority, Timothy L. Thomas

The US Army War College Quarterly: Parameters

No abstract provided.


Trends. Cognitive Complexity And The Russian Biological Warfare Threat, Ibpp Editor Feb 2000

Trends. Cognitive Complexity And The Russian Biological Warfare Threat, Ibpp Editor

International Bulletin of Political Psychology

This article discusses possible covert Russian biological warfare activities through Biopreparat, a Russian government-funded program alleged to have directed the Soviet biological warware program.


The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett Feb 2000

The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett

William & Mary Bill of Rights Journal

The ancient practice of polygamy became prevalent in parts of the United States in the mid-nineteenth century, when the Mormon Church canonized the doctrine of polygamy and encouraged its practice among its members. Today, there are nearly 40, 000 polygamists in the United States, mostly living in Utah. The Supreme Court has ruled on polygamy several times in decisions and dicta, each time finding it to be unconstitutional within the United States. In Reynolds v. United States, a 1878 decision upholding a statute that criminalized polygamy, the Court introduced the belief/action distinction that controls religious First Amendment doctrine today. This …


A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis Feb 2000

A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis

William & Mary Bill of Rights Journal

No abstract provided.


The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman Feb 2000

The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman

Washington International Law Journal

Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …


The Bonds Of American Nationhood, Kenneth L. Karst Feb 2000

The Bonds Of American Nationhood, Kenneth L. Karst

Cardozo Law Review

No abstract provided.


Promises Past: Marcus Atilius Regulus And The Dialogue Of Natural Law, William R. Nifong Feb 2000

Promises Past: Marcus Atilius Regulus And The Dialogue Of Natural Law, William R. Nifong

Duke Law Journal

No abstract provided.


Roundtable: Negotiating The Constitution, Roundtable Discussion Jan 2000

Roundtable: Negotiating The Constitution, Roundtable Discussion

Seton Hall Law Review

No abstract provided.


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

ILSA Journal of International & Comparative Law

Human rights law has evolved considerably over the past half-century. Much of this evolution has occurred at the international level.


The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin Jan 2000

The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin

ILSA Journal of International & Comparative Law

On December 29, 1996 the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG), signed peace accords bringing an end to thirty-four years of internal armed conflict.


Valpo Lawyer: Winter 2000, Valparaiso University School Of Law Jan 2000

Valpo Lawyer: Winter 2000, Valparaiso University School Of Law

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.


Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi Jan 2000

Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi

Articles

No abstract provided.


In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman Jan 2000

In Congress Electric: The Need For On-Line Parliamentary Procedure, 18 J. Marshall J. Computer & Info. L. 963 (2000), Phil Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

Building a set of rules for operating an ordered, effective online association is the first step toward building virtual communities and the first step toward a democratic "e-government." Disputes online are not rare; they are just rarely resolved. Currently, online forums are watched over by a moderator, who is charged with keeping the discussion on track, and to keeping the debate from getting personal. Almost everyone who has been in an online discussion is aware of "Netiquette", the informal rules that govern chat room conversations. Everyone is equally aware that these rules are often ignored. While the exchange of ideas …


Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman Jan 2000

Privacy On Federal Civilian Computer Networks: A Fourth Amendment Analysis Of The Federal Intrusion Detection Network, 18 J. Marshall J. Computer & Info. L. 1049 (2000), David Hueneman

UIC John Marshall Journal of Information Technology & Privacy Law

This comment explores the relationship between the privacy of the users of the federal non-public civilian computer networks and the government's power to monitor such networks. The background explains what a network is, how cyber-terrorists can greatly damage a system, what the government is planning to do about the problem, and the constitutional protections involved. The analysis moves on to examine the Fourth Amendment and the Electronic Communications Privacy Act and considers their respective effects on the implementation of FIDNet -- a proposed government system designed to protect America's infrastructure from cyber- attack. The FIDNet plan calls for the creation …


New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy Jan 2000

New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy

Michigan Journal of International Law

Hopefully, the symposium will spark meaningful action toward creating such desperately needed solutions in the intersecting fields of law and national security policy as well as the study of international security law in law schools world-wide. Without such education, continued dialogue, and action, we mark the beginning of the end. With them, however, this world may continue on its road toward becoming a collection of secure democracies, held fast by the rule of law.


Bananas War, The, Raj Bhala Jan 2000

Bananas War, The, Raj Bhala

McGeorge Law Review

No abstract provided.


Providing The Recipe For Destruction: Protected Or Unprotected Speech, Loris L. Bakken Jan 2000

Providing The Recipe For Destruction: Protected Or Unprotected Speech, Loris L. Bakken

McGeorge Law Review

No abstract provided.


Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas Jan 2000

Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Review Essay: Martin Van Creveld,* The Rise And Decline Of The State (Cambridge: Cambridge University Press, 1999), Thomas D. Grant Jan 2000

Review Essay: Martin Van Creveld,* The Rise And Decline Of The State (Cambridge: Cambridge University Press, 1999), Thomas D. Grant

Florida State University Journal of Transnational Law & Policy

No abstract provided.


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …


Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky Jan 2000

Symposium: States' Rights V. International Trade: The Massachusetts Burma Law, Patrick C. Reed, Sydney M. Cone Iii, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky

Law Faculty Research Publications

No abstract provided.


The Progressive Era Origins Of The National Security Act, Mark R. Shulman Jan 2000

The Progressive Era Origins Of The National Security Act, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith Jan 2000

Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.