Digital Commons Network^™

Nuclear Testing Rocks The Sub-Continent: Can International Law Halt The Impending Nuclear Conflict Between India And Pakistan, Grant Guthrie

UC Law SF International Law Review

The nuclear tests conducted by India and Pakistan in 1998 have given rise to a concern that the historic conflict over Kashmir might suddenly erupt into a war involving nuclear weapons.

This Note evaluates the relationship between the testing and the development of nuclear weapons under international law. It analyzes two aspects of international law that prohibit the future testing and development of nuclear weapons: (1) customary international law and (2) traditional and new customary international environmental law. This Note concludes by pointing out that the nations that will acquire nuclear capabilities in the near future may not have the …

Permeable Fences Make Good Neighbors: Improving A Seemingly Intractable Border Conflict Between Israelis And Palestinians, Barry A. Feinstein, Mohammed S. Dajani-Daoudi

American University International Law Review

No abstract provided.

Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles

Scholarly Articles

Over the years numerous articles have surveyed the indicia of independence and the place of independent agencies within a separation of powers framework. In this article, we review the structure and internal operations of independent agencies, note several similarities and differences among them, and address various recurring issues affecting them. We further consider the future of this regulatory form as we enter the new millennium. We focus on agencies-whether multi-member or not-where at least one individual is appointed by the President to a full-time, fixed-term position with the advice and consent of the Senate and has protection against summary removal …

The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat

Michigan Journal of International Law

The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.

Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe

Michigan Journal of International Law

This Article applies these principles of discrimination to the real, rather than idealized, use and characteristics of cluster bombs. Briefly stated, these principles call upon parties to an armed conflict to distinguish between civilians and combatants and to weigh the military advantages of a particular weapon or type of attack against the harm it will do to civilians and civilian objects. This Article also considers briefly the global problem of cluster munitions and examines fundamental components of the discrimination principle as they apply to cluster bombs. As three specific case studies, it analyzes the use of cluster bombs by breakaway …

Biomedical And Behavioral Research On Juvenile Inmates: Uninformed Choices And Coerced Participation, Brian Paul Wyman

Journal of Law and Health

The question that will be addressed here is whether juvenile inmates can voluntarily give informed consent to participate in biomedical and behavioral research. Further, can juvenile inmates act voluntarily in the midst of coercion used by researchers to persuade the subjects to participate, and coercion that is inherent in the nature of being a juvenile inmate? Can consent be informed when a juvenile inmate's comprehension and understanding of what biomedical and behavioral research entails is limited by age and maturity level? Finally, even if juvenile inmates are deemed capable to give voluntary informed consent to biomedical and behavioral research, is …

Redeveloping The Department Of Defense's Inventory Of Contaminated "Government-Owned Contractor-Operated" Facilities, Robert M. Howard

Fordham Environmental Law Review

No abstract provided.

Why A Fundamental Right To A Quality Education Is Not Enough, James G. Wilson

Law Faculty Articles and Essays

This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article's title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …

The Unconstitutionality Of Eliminating Estate And Gift Taxes, James G. Wilson

Law Faculty Articles and Essays

The recent proposal to eliminate estate and gift taxes is not only immoral and a poor allocation of resources, but also is unconstitutional. Irrespective of their ideology, virtually all American lawyers will initially dismiss this accusation as frivolous because it conflicts with their tradition of equating conceptions of "constitutionality" with United States Supreme Court opinions. The Court has long been highly deferential to Congress in federal tax law cases. It is inconceivable that the current Court would find anything "irrational" in a facially neutral law eliminating all estate and gift taxes. Indeed, if I sat on that bench, I would …

Demographics Of Firearm Injury: Implications For Medical Practice, Thomas M. Scalea, Sharon M. Henry

Journal of Health Care Law and Policy

No abstract provided.

Misreading Oliver Wendell Holmes On Efficient Breach And Tortious Interference, Joseph M. Perillo

Fordham Law Review

No abstract provided.

A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv

Cornell International Law Journal

No abstract provided.

International Law And Practice: Dealing With The Past In The South African Experience, Kader Asmal

American University International Law Review

No abstract provided.

Introduction Piercing Webs Of Power: Identity, Resistance, And Hope In Latcrit Theory And Praxis, Francisco Valdes

Articles

No abstract provided.

Liberalism Lost, Daniel A. Farber

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

No abstract provided.

Imputing The Intent Of A Superior To A Subordinate, April Yates

War Crimes Memoranda

No abstract provided.

Bad Girls And Good Sports: Some Reflections On Violent Female Juvenile Delinquents, Title Ix &(And) The Promise Of Girl Power, Cheryl Hanna

UC Law Constitutional Quarterly

In recent years, the number of female juvenile offenders has been increasing at a faster pace than that of their male counterparts. This Article explores the link between criminality and competition among women. Specifically, it examines the role that involvement in organized sports, or conversely, lack of competition, plays in the development of criminal behavior. Part I addresses the theme of female competition, violence, and sports, and draws conclusions from secondary interdisciplinary research and conversations with incarcerated juvenile females. Part II focuses upon Title IX of the Education Amendments of 1972 and suggests that the rationale behind gender equity in …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

UC Law Constitutional Quarterly

The use of public nuisance injunctions against gangs and suspected gang members is an aggressive prosecutorial strategy upheld and even endorsed by a majority of the California Supreme Court in 1997 in People ex rel. Gallo v. Acuna. This Article critiques these injunctions through the lens of restorative justice principles. Restorative justice rests on the tenet that any crime is injurious, and that the best response is one that heals injuries caused to the victim, the community, and the offender. The Article argues that although anti-gang public nuisance injunctions share significant similarities with some restorative justice programs, the injunctions undermine …

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

Symposium States' Rights Vs. International Trade: The Massachusetts Burma Law, Thomas A. Barnico, Joel P. Trachtman, Peter J. Spiro, Paul R. Dubinsky

NYLS Journal of International and Comparative Law

No abstract provided.

Killing A Fly With A Cannon: The American Response To The Embassy Attacks, Federica Bisone

NYLS Journal of International and Comparative Law

No abstract provided.

A Question Of Dignity: An Equitable Solution To The Trophy Art Debate, Trey G. Elmer

NYLS Journal of International and Comparative Law

No abstract provided.

The Capacity Of A Mentally Retarded Person To Consent: An American And Jewish Legal Perspective, Daniel Pollack, Naphtali Harcsztark, Erin A. Mcgrath, Karen R. Cavanaugh

NYLS Journal of International and Comparative Law

No abstract provided.

Ineffectiveness At Its Best: Fighting Terrorism With Economic Sanctions, Alan Einisman

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

No abstract provided.

Democracy, Anti-Democracy, And The Canon, Richard H. Pildes

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

No abstract provided.

Brown's Promise, Blaine's Legacy, Richard W. Garnet

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

Brown's Promise, Blaine's Legacy: a review essay of: Choosing Equality: School Choice, The Constitution, and Civil Society. Joseph P. Viteritti. Brookings Institution Press. 1999. Pp. 284. Reviewed by: Richard W. Garnett

Confronting Civil Discovery's Fatal Flaws, John S. Beckerman

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

No abstract provided.

Essay: Between Intimates And Between Nations: Can Law Stop The Violence ?, Martha Minow

Case Western Reserve Law Review

No abstract provided.

The Gnss Safety And Sovereignty Convention Of 2000 Ad, Langhorne Bond

Journal of Air Law and Commerce

No abstract provided.

On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Michigan Journal of International Law

This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …