Digital Commons Network^™

U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells

Fordham International Law Journal

This Note analyzes the United Nations' use of sanctions in Haiti to draw lessons for the future use of sanctions and argues that there is an inherent tension in the Charter between measures called for under Article 41 and the United Nations' obligations under Article 55. Part I of this Note presents the background and the legal bases for U.N. sanctions. Part I also discusses the adoption of measures to solve Haiti's crisis outside of and within the Chapter VII framework of the U.N. Charter. Part II examines the debate surrounding the use of sanctions to solve Haiti's crisis. Part …

Protecting Cultural Property During A Time Of War: Why Russia Should Return Nazi-Looted Art, Elissa S. Myerowitz

Fordham International Law Journal

This Comment argues that prior international treaties protecting cultural property should be used as a guide to settle the dispute between Russia and Germany as to which is the rightful owner of cultural property looted during World War II. Part I of this Comment examines the more recent developments in the international protection of cultural property up to the International Institute for the Unification of Private Law's Final Act of the Diplomatic Convention on the International Return of Stolen or Illegally Exported Cultural Objects of 1995 ("UNIDROIT Convention"). Part II discusses the evolution of the present conflict between the Russian …

Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer

Fordham Law Review

No abstract provided.

Taking The Train To Tomorrow: Learning To See Beyond The Prison Gates, Rennard Strickland

St. Thomas Law Review

No abstract provided.

Affirming Our Common Humanity: Regulating Landmines To Protect Civilians And Children In The Developing World, Mary A. Ferrer

UC Law SF International Law Review

The number of antipersonnel landmines worldwide has increased dramatically in the last twenty-five years. There are an estimated 80 to 110 million landmines deployed or stockpiled in sixty-two countries around the world. This global landmine crisis has devastating effects in developing countries, where the majority of the world's landmines are laid. Despite international efforts to remove landmines, civilians in developing countries continue to be injured by landmines that were laid during wars that have long since ended. Although landmines are perceived as purely military weapons, the reality is that eighty percent of landmine casualties are civilians, not soldiers. Many of …

Cyberattack! Are We At War?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Community-Based Approach To Redevelopment: The Case Of West Berkeley, Carl Anthony

UC Law Environmental Journal

No abstract provided.

The Militia Movement And Second Amendment Revolution: Conjuring With The People, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday

Articles

No abstract provided.

New Export Controls For Chemicals On The Horizon?, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

University Of Colorado V. Derdeyn: The Constitutionality Of Random, Suspicionless Urinalysis Drug-Testing Of College Athletes, Robert L. Roshkoff

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Nauru V. Australia: The International Fiduciary Duty And The Settlement Of Nauru's Claims For Rehabilitation Of Its Phosphate Lands, Ramon E. Reyes Jr.

NYLS Journal of International and Comparative Law

No abstract provided.

China Mfn: A Reaffirmation Of Tradition Or Regulatory Reform, Gretchen Harders-Chen

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

A Comparative And Critical Assessment Of Estoppel In International Law, Christopher Brown

University of Miami Law Review

No abstract provided.

The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk

Michigan Journal of International Law

The interplay between juridical support for norms of non-intervention and the actualities of interventionary diplomacy is an integral feature of a world of sovereign, yet unequal, states pursuing diverse goals. Pointing in one direction is the juridical stress on sovereignty, reinforced by spatial notions of territorial supremacy within fixed boundaries, which provides the doctrinal underpinnings of non-interventionism. Pointing in the other direction is the effort to project power and influence beyond territorial sovereignty, virtually a definition of what distinguishes a great power from an ordinary state, which creates the geopolitical pressures that result in intervention in the internal and external …

Getting Away With Murder: Social Cleansing In Colombia And The Role Of The United States, Elizabeth F. Schwartz

University of Miami Inter-American Law Review

No abstract provided.

A Special Forces Human Rights Policy, Jeffrey F. Addicott

Faculty Articles

The use of the United States military to promote human rights values in foreign militaries has taken on a much added significance in the post-Cold War era. Emerging democracies often look to American soldiers to assist them in establishing a law-based military whose policies, rules, and practices are rooted in respect for human rights.

Major General Kenneth Bowra, United States Army Special Forces Command (Airborne) (USASFC(A)), has made the promotion of human rights in the militaries of the emerging democracies a top priority for the Army Special Forces. With regard to America’s desire to inculcate human rights values in friendly …

Amending The Constitution: Just Not Every November, Brendon Troy Ishikawa

Cleveland State Law Review

Professor Akhil Amar has defended the idea that Americans may amend the Constitution regardless of Article V's dictates. Professor Amar does not stand alone on this claim. Professor Bruce Ackerman not only agrees, but would actually prefer direct popular amendment over the express Article V procedures. Their arguments, however, ignore the Framers' careful balancing of federal and popular principles in Article V by embracing only the democratic populist aspect of the Constitution. Part I of this Article examines and critiques Professor Amar's argument that the people may directly amend the Constitution without having to comply with Article V. An examination …

Commentary: Noam Chomsky And Judicial Review, James G. Wilson

Law Faculty Articles and Essays

Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …

The Warren Court And Criminal Justice, Yale Kamisar

Book Chapters

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.

Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin

Michigan Journal of International Law

Review of Law and War Since 1945 by Geoffrey Best

An Examination Of Tax Law And Supply-Side Economics: Creed Of Greed Or Opportunity For All, Marc G. Worthy

North Dakota Law Review

No abstract provided.

Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky

Cleveland State Law Review

This lecture reflects on core issues of American democracy in light of the upcoming 1996 Presidential election. The piece focuses primarily on the economy and the market throughout its discussion.

Noam Chomsky And Judicial Review, James G. Wilson

Cleveland State Law Review

This Commentary will consider four authorities who are hardly considered standard-bearers of the Left: Aristotle, Edmund Burke, James Madison, and Justice Oliver Wendell Holmes. Insights from Aristotle, Burke, Madison, Holmes, and Chomsky will be combined into following set of propositions: (1) the Supreme Court has a constitutional and historical obligation to resist tyranny and other forms of constitutional perversion and factionalism; (2) the Supreme Court has a unique duty and capacity to combat abuses of private power; (3) private corporations and the well-to-do have gained so much power that they have become a dangerous faction that is turning our government …

Mending The Weathered Jurisdictional Fences In The Supreme Court's Securities Fraud Decisions, Michael J. Kaufman

SMU Law Review

No abstract provided.

The Freedom Of Navigation Program: A Study Of The Relationship Between Law And Politics, William J. Aceves

UC Law SF International Law Review

The history of U.S. maritime policy evinces the inexorable relationship between law and politics. The U.S. Freedom of Navigation (FON) program provides an excellent example of this critical relationship. Established in 1979, the FON program seeks to preserve the freedoms of navigation and overflight by sending vessels and aircraft to exercise these navigational rights in areas where coastal states have sought to restrict or prohibit such transit. It combines diplomatic action with operational challenges to assert U.S. rights under international law. The FON program is based upon the principal sources of public international law: (1) customary international law and (2) …

Commercial Litigators Reveal All: Exploring Commercial Litigation In New York State Courts, Norman I. Silber

Hofstra Law Review

No abstract provided.

Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland

Indiana Law Journal

No abstract provided.

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.