Digital Commons Network^™

Considering Our Position: Viewing Information Warfare As A Use Of Force Prohibited By Article 2(4) Of The U.N. Charter, Todd A. Morth

Case Western Reserve Journal of International Law

No abstract provided.

The Conflict Between Species In An Ever More Crowded World, Jane Goodall

Animal Law Review

No abstract provided.

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu

Faculty Publications

No abstract provided.

Comments: Should Race Be A Factor In Law School Admissions? A Study Of Hopwood V. Texas And How The Equal Protection Clause Makes Race-Based Classifications Unconstitutional, Michael A.B. Turner

University of Baltimore Law Review

No abstract provided.

Pierre Goes Online: Blacklisting And Secondary Boycotts In U.S. Trade Policy, Peter L. Fitzgerald

Vanderbilt Journal of Transnational Law

The extraterritorial application of U.S. economic sanctions and trade controls is a perennial topic of discussion among international trade practitioners and a frequent cause for concern abroad. While long present in one form or another as part of several U.S. trade and export control programs, there has been a resurgence in the use of unilateral extraterritorial trade regulation by the United States following the unraveling of widespread international consensus on who should be the targets for such controls and sanctions as a result of the breakup of the Soviet Union, and the demise of the international Coordinating Committee on Multilateral …

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

Articles

No abstract provided.

The Use Of Support Modification To Re-Litigate Equitably Divided Property In Massachusetts: Does Heins V. Ledis Draw The Line, Michael J. Deltergo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Salting The Mines: The Legal And Political Implications Of Placing Paid Union Organizers In The Employer's Workplace, Victor J. Van Bourg, Ellyn Moscowitz

Hofstra Labor & Employment Law Journal

No abstract provided.

1998 And Beyond In New Caledonia: At Freedom's Gate?, Alan Berman

Washington International Law Journal

This article examines the upcoming 1998 referendum on self-determination in New Caledonia through the larger contextual lens of French historical involvement in the territory. The article addresses the impact French colonization has had on Kanak culture, legal institutions, social organization and economic livelihood. The historical policies of the French government are canvassed by exploring the manner in which France manipulated the legal process and political institutions it created in New Caledonia to entrench colonial control. The article concludes that the process of decolonization is unlikely to be completed in the near future. Finally, the article discusses the potential consequences for …

Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl

Fordham International Law Journal

The international community has been more hesitant in accounting for the environmental consequences of war. All that the international community has been able to negotiate is scattered collateral references in a variety of treaties and conventions. One immediate task will be to consolidate these references into a single document or treaty. A more daunting task, of which this easy shall provide a brief overview, is to develop a mechanism to ensure compliance with these standards, to deter deviation therefrom, and to allocate responsibility for wrongdoing. More specifically, this essay considers the ability of the International Criminal Court to perform such …

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan

Fordham International Law Journal

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …

Brazilian Government Policies Toward The Amazon Rain Forest: From A Developmental Ideology To An Environmental Consciousness?, Cristina Schwansee Romano

Colorado Environmental Law Journal

No abstract provided.

Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby

Articles

No abstract provided.

Sustainable Development As A Framework For National Governance, John C. Dernbach

Case Western Reserve Law Review

No abstract provided.

Enduring The Reign Of Tweedledee And Tweedledum: How The Court Further Entrenched America's Two-Party Duopoly In Arkansas Educational Television Commission V. Forbes And How It Can Be Dredged Out, Sutton I. Kinter

Case Western Reserve Law Review

No abstract provided.

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Law and Contemporary Problems

Department of Justice control of government litigation is discussed.

Symposium Introduction: Past As Prolog: Can Managed Care Overcome The Conflicts Inherited From Fee-For-Service Medicine?, Edward P. Richards

Journal Articles

No abstract provided.

Between Iraq And A Hard Place: The U.N. Compensation Commission And Its Treatment Of Gulf War Claims, Lea C. Owen

Vanderbilt Journal of Transnational Law

The United Nations Compensation Commission (UNCC) was formed in 1991 to address claims against Iraq arising out of the Gulf War. In its seven years of operation, the UNCC has received 2.6 million claims, with an asserted value of more than $244 billion. It has processed 2.4 million of these claims, for a total of $6 billion, and it has paid to victims more than $730 million. Despite these accomplishments, the UNCC has much left to do, and its efforts have been burdened by Iraq's post-war refusal to meet its treaty obligations. The UNCC now faces waning political support from …

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …

Faith Tends To Subvert Legal Order, Thomas L. Shaffer

Journal Articles

Two old friends and colleagues died in the spring of 1997. Both share with me a Baptist boyhood and a Roman Catholic middle age. Both showed me that the relevance of religion to a lawyer's work is best approached with believers' irony.

Frank Booker, descendant of Cherokee Indians, Missouri farmers, railroaders, and Baptist ministers, taught law at Stetson and then Notre Dame, with a style all his own and with a steady eye on how important the law is. After his funeral, one of his students remembered for me a day in Frank's first-year torts class. They were several weeks …

Questions And Possible Responses, Douglas N. Frenkel

Fordham Law Review

No abstract provided.

How Far Can We Separate Theology And Jurisprudence? Comment On Edward B. Foley's Jurisprudence And Theology, John Langran

Fordham Law Review

No abstract provided.

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School, Steven H. Hobbs

Fordham Law Review

No abstract provided.

Indigenous Ethics And Alien Laws: Native Traditions And The United States Legal System, Mark A. Michaels

Fordham Law Review

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.

"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham

American Indian Law Review

I don't know my own culture, . . . I am going to need your help in understanding . . . . Teach me, teach my children. These are the words of a forty-three-year-old Navajo woman on her first visit back to the Navajo Nation since her birth. Stolen as an infant, along with her twin brother, and adopted out on the black market, she was finally reunited with her family and community. Her journey home comes at a time when Native American nations are fighting proposed legislation and court-made rules that seek to limit the reach of the Indian …

The Indian Claims Commission: Did The American Indians Really Have Their Day In Court? (Review Of Wild Justice By Michael Lieder & Jake Page), Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.

The Dream That Will Not Die: Martin Luther King, Jr., And The Continuing American Revolution, Henry Mcgee

Faculty Articles

Professor Henry W. McGee, Jr. reviews Bearing the Cross: Martin Luther King, Jr. and the Southern Christian Leadership Conference, By David J. Garrow. Bearing the Cross depicts Dr. Martin Luther King, Jr., while neither a lawyer nor a judge, belonged in the pantheon of American constitutional giants. From the Gethsemane of an Alabama jail, Dr. King carried the cross of freedom to the steps of the Lincoln Memorial, and ultimately to his own crucifixion on the balcony of a Memphis motel. The story of how a black Baptist minister caused the Constitution to be applied to all Americans is one …

Labelling Genetically Modified Products Under International Law, Mary Caroline Harris

LLM Theses and Essays

This paper focuses on the debate on the health, policy and legal regimes that require the special labeling of food, drugs and other products that contain genetically-modified-organisms. The paper examines national and international regulatory schemes on genetically-modified-organisms and the roles of the General Agreements on Tariffs and Trade (GATT) and World Trade Organization (WTO) conventions for non-restrictive global trade. This paper analyzes the scope, aims and objectives of the proposed international Biosafety Protocol in line with the overarching goals of GATT/WTO. The paper concludes that the food industry and individual producers should have the liberty to decide whether to label …