Digital Commons Network^™

Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Respecting Women's Lives And Investigating Women's Consciousness: A Comment On Obiora, Kathryn Abrams

Case Western Reserve Law Review

No abstract provided.

Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo

Vanderbilt Journal of Transnational Law

Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …

Securing The Strength Of The Renewed Npt: China, The Linchpin "Middle Kingdom", Gary J. Meise

Vanderbilt Journal of Transnational Law

The consensus indefinite extension of the Nuclear Non-Proliferation Treaty (NPT) in 1995 and the more recent conclusion of a Comprehensive Test Ban Treaty. which was supported by all five of the world's declared nuclear weapons states, allow for unprecedented optimism by nonproliferation experts regarding nuclear weapons proliferation curtailment and weapons reduction. These recent inroads into the accomplishment of NPT goals raise new questions. however. regarding the underlying commitment level of nuclear powers. China's proliferation record, in particular. is marred with inconsistencies, but its current economic growth and increasingly nonisolationist policies may cause China to reconsider its past noncompliance with the …

Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley

Vanderbilt Journal of Transnational Law

The international community faced a difficult challenge after the Dayton Peace Accords ended the civil war in Bosnia. Free and fair elections became an essential component to establishing a democratic government in the war-torn country. The United Nations and the Organization for Security and Cooperation in Europe responded by carrying out Annex 3 of the Peace Accords, which called for such elections. The resultant election-monitoring mission in Bosnia, however, was unsuccessful The elections were held under improper conditions. Therefore, the Bosnian people lack confidence in the democratic process, which is necessary for long-term democracy.

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Journal Articles

The word "appropriate" is so wildly overused in American culture that, as with other vacuous words and phrases, a person learns to read right through it. "Appropriate" is verbal tofu. This Essay pauses instead of reading through, particularly to notice the instances in which "appropriate" and its negative counterpart are used to give the appearance of a moral or legal judgment.

"Appropriate," chosen to express a legal judgment, is not only vacuous; it is also irresponsible. It catches the legislator, judge, or administrator in the act of passing the buck, as the President did when he ordered the Justice Department …

Constitutional Limits On Regulating Private Militia Groups, Thomas B. Mcaffee

Montana Law Review

Constitutional Limits on Regulating Private Militia Groups

The Relevance Of The Second Amendment To Gun Control Legislation, Donald W. Dowd

Montana Law Review

The Relevance of the Second Amendment to Gun Control Legislation

The Order Of The Coif Annual Lecture, Lecture, The Constituteion Of The Procedural Republic: Liberal Rights And Civic Virtues, Michael J. Sandel

Fordham Law Review

No abstract provided.

Book Review, Lakshman Guruswamy

Publications

No abstract provided.

Playing Defense, Robert F. Nagel

Publications

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya

LLM Theses and Essays

The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …

Does Time Make Ancient Good Uncouth?, John W. Reed

Other Publications

The somewhat arch title of my remarks, which I'll explain later, came to me at the end of December, when all forms of the media were filled with references to the fast approaching turn of the calendar when we shall greet a twenty-first century and a third millennium. Whether it comes in with the year 2000, as popularly believed, or, more properly, the year 2001, it will be a time for reflection, for taking stock of ourselves and our world. Predictably, we already are inundated with pronouncements from pundits and politicians, from scientists and seers, from philosophers and fools. I …

The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon

St. Mary's Law Journal

In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …

The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis

Cardozo Law Review

The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …

National Sovereignty And Transnational Problem Solving, Judith H. Bello

Cardozo Law Review

Many of the most difficult problems that challenge nation states in the increasingly interdependent world do not respect borders: illicit drug trafficking, refugees, illegal immigration, environmental degradation, illegal arms sales, nuclear proliferation, terrorism, bribery, and corruption. Nation states acting alone are helpless to resolve or most effectively alleviate these problems.

Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson

Book Reviews

This 1996 Times Literary Supplement essay examines two very different books about aspects of warfare. Robert O'Connell's Ride of the Second Horseman is a speculative history of the rise of warfare among human beings, looking back to early human beings. It is a striking account, even though speculative, because it deals in early human behavior without offering an explanation from evolutionary biology. O'Connell acknowledges that non-human species can engage in warfare, and specifically notes ants. In that process, he carefully distinguishes - as few writers do - between aggression, violence, weapons use, predation, and war.

Violence And Violence Prevention Among African American Middle School Children, Daniel Lockwood Ph.D.

CNCR-Hewlett Foundation Seed Grant White Papers

This study contributes to school-based violence prevention programs by describing typical violent interactions. The findings come from the content analysis of transcribed interviews with 58 African-American middle school students who reported their participation in 121 violent incidents. The most frequent opening moves were offensive touching, interfering with possessions, hurtful play (including teasing), backbiting, requests to do something, and insults. About half the incidents occurred in school and a quarter took place at home. Respondents who acted violently often interpreted the situation as one in which they were being attacked or threatened. Other interpretations were that antagonists thought they had done …

Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce

Missouri Law Review

Missouri courts have repeatedly been presented with situations where the petitioners for involuntary termination of parental rights and stepparent adoption have actively interfered with the non-custodial parent's relationship and visitation rights with the child, prior to bringing the action. This Note contends that where the custodial parent and his/her new spouse have significantly interfered with the non-custodial parent's relationship with the child, the equitable maxim of "unclean hands" should be invoked and the doors of the juvenile court closed to the petitioners seeking a termination of parental rights and stepparent adoption.6 Although adoption is a purely statutory action, it clearly …

Killing Egyptian Prisoners Of War: Does The Phrase "Lest We Forget" Apply To Israeli War Criminals?, Scott R. Morris

Vanderbilt Journal of Transnational Law

This Article offers an analysis of Israel's response, or lack thereof, to the 1995 admission by Israeli war hero General Ayre Biro that he participated in the slaughter of forty-nine unarmed Egyptian prisoners of war in 1956 during Israel's struggle for independence. While in the past Israel has actively pursued the prosecution of war criminals who committed atrocities against its own people under the battle cry "lest we forget," the country has recently shown a strong reluctance to take action against General Biro for his execution of Egyptian prisoners of war. Specifically, Israel reasons that its statute of limitations for …

On Lying For Clients, Tomas L. Shaffer

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Science Fiction Law Journal, Loyola Law School - Los Angeles

Science Fiction Law Journal

No abstract provided.

Perjury: An Anthology, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood takes an in-depth look at the occurrence of perjury from ancient Rome to the O.J. Simpson trial. This journey through time provides insight into the motives of perjurers, the difficulties involved in catching them; and the alarming frequency with which they succeed, unchastised.

Judgment At The Hague, Ruti Teitel

Articles & Chapters

No abstract provided.

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.

Foreword, Dylan Cors

Duke Journal of Comparative & International Law

No abstract provided.

Protection Of Peacekeepers: The Legal Regime, Christopher Greenwood

Duke Journal of Comparative & International Law

No abstract provided.

Protecting The Avatars Of International Peace And Security, Walter Gary Sharp Sr.

Duke Journal of Comparative & International Law

No abstract provided.

The Security Council, Peacekeeping And Internal Conflict After The Cold War, Mats R. Berdal

Duke Journal of Comparative & International Law

No abstract provided.

The Trouble With Postmodern Zeal, Monroe H. Freedman

William & Mary Law Review

No abstract provided.