Digital Commons Network^™

Combating Impunity For International Crimes, M. Cherif Bassiouni

University of Colorado Law Review

No abstract provided.

When Science Is Too Daunting: Multiple Chemical Sensitivity, Federal Courts, And The Struggling Spirit Of Daubert, Carl H. Johnson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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

Cleveland State Law Review

This article discusses why the recent proposal to eliminate estate and gift taxes is not only immoral and a poor allocation of resources, but also is unconstitutional. The author argues that the only way to sustain any allegation of unconstitutionality against these tax policy changes is to extend meanings of "constitutionality" beyond the legalistic paradigm of constitutional adjudication. Explaining that to extend notions of constitutionality this additional distance, we would need to resurrect earlier constitutional conceptions from such influential political thinkers as Aristotle, David Hume, James Madison, and Thomas Jefferson. While pointing out that the United States Constitution embodies a …

Rich And Rare Are The Gems They War: Holding De Beers Accountable For Trading Conflict Diamonds, Lucinda Saunders

Fordham International Law Journal

This Note focuses on the accountability of corporations for indirectly fueling civil wars by purchasing diamonds from insurgent groups. While many corporations are involved in the diamond industry, De Beers controls a majority of the uncut diamond market, including mining, buying, and selling uncut diamonds. Therefore, this Note will analyze whether De Beers may be held liable for knowingly funding war criminals under the Alien Tort Claims Act ("ATCA"). Part I of this Note examines the trade in conflict diamonds in Angola and Sierra Leone and De Beers's involvement in this trade. Part II examines case law developments under the …

Constructing Solidarity: Interest And White Workers, Martha R. Mahoney

Articles

No abstract provided.

Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

"What Do You Mean My Facility Is Obsolete?": How 21st Century Technology Could Change Sports Facility Development, W. S. Miller

Marquette Sports Law Review

No abstract provided.

The Independent Counsel Act, Kenneth W. Starr

UC Law Journal

No abstract provided.

Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent-Child Relationships, Linda L. Berger

Loyola of Los Angeles Law Review

No abstract provided.

Book Note: Reviewing "Tortured Confessions", Fatma E. Marouf

Faculty Scholarship

Review Extract:

Tortured Confessions presents an innovative perspective on the relationship between torture and propaganda. While much has been written about the way propaganda spurs and sanctifies torture by demonizing "the enemy," few have explored the way torture itself is used to create propaganda. Abrahamian's work explores how the primary purpose of torture in Iran has been to extract ideological recantations from prisoners.

Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup

Faculty Scholarship

The authors argue that the fundamental flaw in the Endangered Species Act (ESA) is that it fails to force government decision makers to consider the opportunity cost of their actions, resulting in flawed decision making that imposes heavy costs on landowners without actually protecting endangered species. The authors develop this analysis through an examination of the ESA in light of the modern "living Constitution" theory of interpretation. They conclude that under this theory the ESA's "quartering of species" on private land violates the Third Amendment's ban on quartering soldiers.

The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski

Richmond Journal of Law & Technology

This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …

The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

William Iii And The Legalist Revolution, Richard Kay

Faculty Articles and Papers

A symposium dedicated to the paradoxical idea of rebellious leadership, therefore, is a particularly apt way to honor Dean Macgill's tenure. This phrase also captures a notion that is especially fruitful when applied to basic questions of constitutional structure and political value. Every legal system rests, at the end, on a set of political assumptions. Every instance of law, that is, is ultimately supported by something that is not law. When, as inevitably happens, there develops a fundamental disharmony between the artifacts of law and the political values of a society the law will have to give way. When this …

Tribes As Rich Nations, Raymond Cross

Faculty Law Review Articles

This article critiques the contemporary doctrine of Indian tribal self-determination thirty years after its inception in President Richard M. Nixon's famed 1970 Indian Message to Congress.

The first part focuses on the three most prominent strategies for tribal self-determination: 1) tribal strategy that seeks to "morph" their inherent and reserved sovereign powers into tribal regulatory powers that are effective throughout Indian Country; 2) tribal strategy that seeks to develop and assert economic sovereignty over their lands, resources, and commercial relationships as a means of revitalizing Indian Country; and 3) tribal strategy that seeks to reassert traditional cultural and religious beliefs …

2000-2002 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Legal Studies at Cardozo, p. 8

Degree Requirements, p. 12

Courses, p. 14

The Lawyering Curriculum, p. 23

Faculty, p. 36

Student Resources, p. 48

Dr. Lillian and Dr. Rebecca Chutick Law Library, p. 49

The Center for Professional Development, p. 50

Public Interest Opportunities, p. 52

Employment, p. 54

Student Life, p. 56

Admissions, p. 63

Tuition & Student Finances, p. 63

Cardozo Administration and Board of Directors, p. 67

Academic Calendar, p. 72

Standing In The Shadows Of Giants: The Role Of Intergenerational Equity In Telecommunications Reform, Jim Chen

University of Colorado Law Review

No abstract provided.

Good Judgement As A Manifestation Of Character In The Opinions Of Justice Byron R. White, James E. Scarboro

University of Colorado Law Review

No abstract provided.

Law Through War, David A. Westbrook

Buffalo Law Review

No abstract provided.

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

Scholarly Works

Gang members from elsewhere congregated on lawns, on sidewalks, and in front of apartment complexes at all hours. They displayed a casual contempt for notions of law, order, and decency -- openly drinking, smoking dope, sniffing toluene, and even snorting cocaine laid out in neat lines on the hoods of residents' cars. San Jose prosecutors responded by obtaining and enforcing a broad injunction against the gangs and their members, based on the finding that the gangs' activities constituted a public nuisance. California prosecutors have sought such anti-gang public nuisance injunctions since 1987. Their constitutionality was in doubt for ten years …

Book Note, Fatma E. Marouf

Scholarly Works

Tortured Confessions presents an innovative perspective on the relationship between torture and propaganda. Abrahamian’s persuasive account exposes the intrinsic limitations of arguments that try to explain torture as simply the result of a “traditional” regime, a desire for social discipline, or a search fro security information; he binds torture instead to ideological warfare and political mobilization, the fundamental goals of military propaganda.

Casting Light On Cultural Property (Book Review), John Costonis

Journal Articles

No abstract provided.

The Marketplace Of Ideas In Cyberspace, Margaret Chon

Faculty Articles

In the Panel Discussion on The Marketplace Of Ideas In Cyberspace at the 1999-2000 Oliver Wendell Holmes Symposium And Lectureship At Mercer University, Professor Margaret Chon discusses censorship and hate speech on the internet. Professor Chon questions the exporting of our First Amendment jurisprudence in this particular area, since we are the only democratic country to speak of, that protects what we've been referring to as hate speech.

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Case Western Reserve Journal of International Law

commentary

Prosecution Of Nazi War Criminals Before Post-World War Ii Domestic Tribunals, Matthew Lippman

University of Miami International and Comparative Law Review

No abstract provided.

American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Nato's Use Of Force In The Balkans, Judith A. Miller

NYLS Law Review

No abstract provided.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Paul Blackner V. The State Of Utah, Department Of Transportation, Utah Department Of Transportation, And City Of Alta : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from the Third Judicial District Court Salt Lake Department, Salt Lake County Honorable William B. Bohling

Black Faces, Brown Faces.. .Why Are We Different Than White Faces? An Analytical Comparison Of The Rate Of Certification Of Minority &Non-Minority Juvenile Offenders, Keisha L. David

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

Abstract Forthcoming