Digital Commons Network^™

Critical National Infrastructure, Philip C. Bobbitt

Faculty Scholarship

It's great to be home. I look out in this group. It may be the Philosophical Society, but it really looks to me like coming home. I see the Weinbergs, the Rostows. I went to law school because of Chris Dougherty. I have a "family" out here that I very seldom get to see, so it's a real rreac for me to be here.

For about a year and a half now, I've lived in Washington. If you visit Washington, a place you must go is the Library of Congress. And if you go to the Library of Congress, you …

International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos

World Maritime University Dissertations

No abstract provided.

Closing The Campus Gates - Keeping Criminals Away From The University - The Story Of Student-Athlete Violence And Avoiding Institutional Liability For The Good Of All, Thomas N. Sweeney

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

William & Mary Law Review

No abstract provided.

Israel Rejects Its Own Offspring: The International Criminal Court, Ayelet Levy

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming

Faculty Scholarship

I want to begin by frankly acknowledging that the group of scholars participating in the conference is more conservative than the crowd with whom I usually travel. Accordingly, at the outset, I want to say something ingratiating. Then, I will say something provocative. Here is the ingratiating part: economic liberties and property rights, like personal liberties, are fundamental rights secured by our Constitution. In fact, economic liberties and property rights are so fundamental in our constitutional scheme, and so sacred in our constitutional culture, that there is neither need nor good argument for aggressive judicial protection of them. Rather, such …

The Public Stake In Biomedical Research: A Policy Perspective, Karen Matherlee

National Health Policy Forum

An introduction to a Forum series on biomedical research policy issues, this paper provides background on the organization and structure of both public and private research entities. It outlines the federal components, from the National Institutes of Health (NIH) to the Department of Veterans Affairs. It also looks at the rapid growth in pharmaceutical, biotechnology, and medical device research and development and the varying responses from managed care plans, practice-based research networks, and contract research organizations. After laying out various tensions in the field, such as competition among disease-oriented advocates, alignment of different priorities, allocation of dollars between basic and …

Orwell Versus Huxley: Economics, Technology, Privacy, And Satire, Richard A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Orwell's novel Nineteen Eighty-Four and Huxley's novel Brave New World have often been thought prophetic commentaries on economic, political, and social matters. I argue, with particular reference to the supposed applicability of these novels to issues of technology and privacy, that the novels are best understood as literary works of art, rather than as social science or commentary, and that when so viewed Orwell's novel in particular reflects a dissatisfaction with everyday life and a nostalgia for Romantic values.

Site Visit To Baltimore And Fort Detrick, Maryland — Preparing For A Bioterrorist Incident: Linking The Public Health And Medical Communities, Robin J. Strongin

National Health Policy Forum

As follow-up to the NHPF's February 1999 session entitled "Biological Terrorism: Is the Health Care Community Prepared?" the Forum organized a site visit on October 4 and 5, 1999, to Baltimore and Fort Detrick, Maryland. The site visit provided federal congressional and agency staff with the opportunity to learn first-hand how one local area is preparing for the possibility of a bioterrorist incident. Several themes were stressed throughout the two days, including the following: distinguishing bioterrorism from chemical terrorism, understanding the relationships between various agencies and institutions and their related funding streams, determining how the federal government can …

How Is International Human Rights Law Enforced?, Harold Hongju Koh

Indiana Law Journal

Addison C. Harris Lecture, January 21, 1998, Indiana University Law School.

Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush

UF Law Faculty Publications

Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have …

Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks

Indiana Journal of Global Legal Studies

No abstract provided.

Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis

Law and Contemporary Problems

During the summers of 1964 and 1965, more than 300 college students fanned out across the state of North Carolina in a bold campaign to defeat poverty and, as they saw it, to uplift the poor. Korstad and Leloudis trace the history of the North Carolina Fund's Volunteers program, provide an analysis of the contribution that those students made to fighting poverty in the state, and evaluate the impact of that experience on the lives of the Volunteers themselves.

Class War: Ontario Teachers And The Courts, Harry J. Glasbeek

Osgoode Hall Law Journal

In 1997, the government of Ontario met with unexpected opposition to its changes to the education system with the introduction of Bill 160, the Education Quality Improvement Act, culminating in a province-wide strike by teachers. In reaction, the government sought to divert the conflict into the courts. Although the teachers were initially successful in court, the strike was not, and many of the strikers' objectives were not met. The author argues that the law of injunctions and collective bargaining shifted and narrowed the scope of the conflict, and reduced the political power of the teachers. The litigation surrounding Bill 160 …

The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami

Washington International Law Journal

The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …

Practitioner's Perspective, Water Law Review

Water Law Review

No abstract provided.

The World Of Courtroom Technology, Fredric I. Lederer

Faculty Publications

No abstract provided.

Avoiding Anarchy: Bin Laden Terrorism, The U.S. Response, And The Role Of Customary International Law, Maureen F. Brennan

Louisiana Law Review

No abstract provided.

Legal Aspects Of The Contemporary Naval Mine Warfare, D.G. Stephens, M.D. Fitzpatrick

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Checks And Balances And Elements Of Proof: Structural Pillars For The International Criminal Court, William K. Lietzau

Cornell International Law Journal

No abstract provided.

The Position Of Switzerland With Respect To The Icc Statute And In Particular The Elements Of Crimes, Didier Pfirter

Cornell International Law Journal

No abstract provided.

The United States And The International Criminal Court: Achieving A Wider Consensus Through The Ithaca Package, Ruth Wedgwood

Cornell International Law Journal

No abstract provided.

American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross

University of Arkansas at Little Rock Law Review

No abstract provided.

The Wisconsin Bear Arms Amendment And The Case Against An Absolute Prohibition On Carrying Concealed Weapons, Christopher R. Mcfadden

Northern Illinois University Law Review

In November 1998, the voters of Wisconsin established a constitutional right to keep and bear arms. The Wisconsin Legislature framed and sent to the voters a broadly worded constitutional amendment that created an individual right to keep and bear arms for defense, security, hunting, recreation, or any other lawful purpose. It was designed to repeal and prevent the subsequent re-enactment of unreasonable prohibitions of that right, including the state's current sweeping prohibition of the liberty to carry concealed weapons at any time or place or in any manner. In light of this legislative history and voter understanding of the amendment, …

The Absence Of The Rule Of Law In Mexico: Diagnosis And Implications For A Mexican Transition To Democracy, Alicia Ely Yamin, Pilar Noriega Garcia

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Supporting Parent-Clients In Mediation Of Child Custody Disputes, Andrew Schepard

Hofstra Law Faculty Scholarship

No abstract provided.

Corporation As Mediating Institution: An Efficacious Synthesis Of Stakeholder Theory And Corporate Constituency Statutes, Timothy L. Fort

Notre Dame Law Review

No abstract provided.

Corporation As Mediating Institution: An Efficacious Synthesis Of Stakeholder Theory And Corporate Constituency Statutes, Timothy L. Fort

Notre Dame Law Review

No abstract provided.

Corporation As Mediating Institution: An Efficacious Synthesis Of Stakeholder Theory And Corporate Constituency Statutes, Timothy L. Fort

Notre Dame Law Review

No abstract provided.