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A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown Jan 1997

A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown

ILSA Journal of International & Comparative Law

The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous


Transsexuals And Critical Gender Theory: The Possibility Of A Restroom Labeled Other, Terry S. Kogan Jan 1997

Transsexuals And Critical Gender Theory: The Possibility Of A Restroom Labeled Other, Terry S. Kogan

UC Law Journal

No abstract provided.


Why The Oslo Accords Should Be Abrogated By Israel, Louis René Beres Jan 1997

Why The Oslo Accords Should Be Abrogated By Israel, Louis René Beres

American University International Law Review

No abstract provided.


The Oslo Accords: More Than Israel Deserves, John Quigley Jan 1997

The Oslo Accords: More Than Israel Deserves, John Quigley

American University International Law Review

No abstract provided.


The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov Jan 1997

The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov

UIC Law Review

No abstract provided.


International Humanitarian Assistance: The Role Of The Red Cross, David P. Forsythe Jan 1997

International Humanitarian Assistance: The Role Of The Red Cross, David P. Forsythe

Buffalo Journal of International Law

No abstract provided.


Human Rights Litigation In U.S. Courts: A Hypocritical Approach, Mark Gibney Jan 1997

Human Rights Litigation In U.S. Courts: A Hypocritical Approach, Mark Gibney

Buffalo Journal of International Law

No abstract provided.


Martial Lawlessness: The Legal Aftermath Of Kwangju, James M. West Jan 1997

Martial Lawlessness: The Legal Aftermath Of Kwangju, James M. West

Washington International Law Journal

On August 26, 1996, two former presidents of the Republic of Korea, Chun Doo-Hwan and Roh Tae-Woo, were convicted of insurrection, treason, and corruption. The charges arose out of their December 1979 coup and the ruthlessly violent suppression of a democratic protest in the city of Kwangju in May 1980. This article recounts the origins and analyzes the progress of this dramatic criminal trial, which has attracted worldwide attention. The current South Korean head of state, President Kim Young-Sam, has depicted the conviction of his predecessors as a historic juncture opening a new era of constitutionalism for Korea. Despite the …


Asil International Law Weekend: Panel On Internal Conflicts, Michael J. Matheson Jan 1997

Asil International Law Weekend: Panel On Internal Conflicts, Michael J. Matheson

ILSA Journal of International & Comparative Law

As John Crook has pointed out, most of the armed conflicts of recent years have been internal rather than international, and most of the suffering of the civilian population has occurred in these internal conflicts


International Humanitarian Law After Bosnia, Jean-Philippe Lavoyer Jan 1997

International Humanitarian Law After Bosnia, Jean-Philippe Lavoyer

ILSA Journal of International & Comparative Law

To start, I would like to thank Professor Paust for inviting the International Committee of the Red Cross (I.C.R.C.) to participate in this panel. Its subject is indeed closely linked to the I.C.R.C.


Respecting Sovereignty, Royal C. Gardner Jan 1997

Respecting Sovereignty, Royal C. Gardner

Fordham Environmental Law Review

No abstract provided.


International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman Jan 1997

International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights.


The Factional Foundations Of Competition Policy In America 1888-1992, James May Jan 1997

The Factional Foundations Of Competition Policy In America 1888-1992, James May

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Practice Of Faith, Martin S. Flaherty Jan 1997

Practice Of Faith, Martin S. Flaherty

Fordham Law Review

No abstract provided.


Blinded By The Light: International Law And The Legality Of Anti-0ptic Laser Weapons, Jack H. Mccall Jr. Jan 1997

Blinded By The Light: International Law And The Legality Of Anti-0ptic Laser Weapons, Jack H. Mccall Jr.

Cornell International Law Journal

No abstract provided.


The Lawfulness Of Humanitarian Intervention, Michael J. Reppas Jan 1997

The Lawfulness Of Humanitarian Intervention, Michael J. Reppas

St. Thomas Law Review

This article addresses the conflicting claims of territorial sovereignty and humanitarian intervention, analyzes how these claims have been resolved in the past, and predicts how current trends in resolution will affect the global common interest. Part II discusses, in detail, the conflicting theories of territorial sovereignty and humanitarian intervention. Part III analyzes the trends in decision-making and the conditioning factors since the end of the Second World War that have motivated the United Nations to establish international law and a specific protocol for when humanitarian intervention is justified. Part IV analyzes the history between the United States and the former …


Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise Jan 1997

Are Chimpanzees Entitled To Fundamental Legal Rights?, Jane Goodall, Steven M. Wise

Animal Law Review

This Symposium was adapted from a presentation to the Senior Lawyers Division of The American Bar Association, Orlando, Florida, Aug. 2, 1996.


Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr. Jan 1997

Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford Jan 1997

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

Articles

The enactment of the National Labor Relations Act 1 ("NLRA") in 1935 was an economic and social watershed. The NLRA was the successor to section 7(a) of the National Industrial Recovery Act 2 ("NIRA"), the initial experiment in American corporatist governance. 3 The NLRA gave the United States a radically new labor policy, one dramatically more effective in facilitating union organization than its immediate predecessor. Following the path identified by the predecessor NIRA, which had contemplated a network of industry "codes," labor relations under the NLRA have developed in significant part along industry lines. 4 And until the mid-1960s, the …


The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland Jan 1997

The Criminal Law Implications Of The Human Genome Project: Reimagining A Genetically Oriented Criminal Justice System, Steven I. Friedland

Kentucky Law Journal

No abstract provided.


The Law Of Arbitration, Theodore J. St. Antoine Jan 1997

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …


American Innocence, Robert N. Strassfeld Jan 1997

American Innocence, Robert N. Strassfeld

Faculty Publications

The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …


Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong

Faculty Publications

Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …


Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan Jan 1997

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …


Breaker Morant, Drew L. Kershen Jan 1997

Breaker Morant, Drew L. Kershen

Faculty Articles

No abstract provided.


Federal District Court For California Grants A Permanent Injunction Prohibiting Copying Of Sega Video Games On Electronic Bulletin Boards, Bree A. Segel Jan 1997

Federal District Court For California Grants A Permanent Injunction Prohibiting Copying Of Sega Video Games On Electronic Bulletin Boards, Bree A. Segel

Loyola Consumer Law Review

No abstract provided.


United States V. Virginia And Our Evolving "Constitution": Playing Peek-A-Boo With The Standard Of Scrutiny For Sex-Based Classifications, Steven A. Delchin Jan 1997

United States V. Virginia And Our Evolving "Constitution": Playing Peek-A-Boo With The Standard Of Scrutiny For Sex-Based Classifications, Steven A. Delchin

Case Western Reserve Law Review

No abstract provided.


The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf Jan 1997

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …


Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford Jan 1997

Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford

Michigan Journal of Race and Law

This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have …


The Psychology Of Adolsecent Addiction, Garrett O'Connor Jan 1997

The Psychology Of Adolsecent Addiction, Garrett O'Connor

Valparaiso University Law Review

No abstract provided.