Digital Commons Network^™

Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Faculty Publications

No abstract provided.

Teaching Research To Faculty: Accommodating Cultural And Learning-Style Differences, Jane Thompson

Publications

Ms. Thompson explores the challenge of teaching law school faculty how to research effectively, especially in light of a unique "faculty culture" and differences in individual learning styles.

Can The Legal Eagles Use The Ageless Preemption Doctrine To Keep American Aviators Soaring Above The Clouds And Into The Twenty-First Century, Ann Thornton Field, Frances K. Davis

Journal of Air Law and Commerce

No abstract provided.

Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

On Lying For Clients, Thomas L. Shaffer

Journal Articles

For all of his occasional resort to deceit and falsehood, Faulkner's county-seat, Southern-gentleman lawyer, Gavin Stevens, was a virtuous person, a good person, and a truthful person. He and other moral worthies in good stories-many of them lawyers-have something to contribute to discussions, in legal ethics, on the issue of lying for clients.

Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little

Faculty Scholarship

No abstract provided.

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.

John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi

Faculty Scholarship

The traditional liberal argument for free speech is now under fire from several directions. Critics from the left, the center, and the right find simplistic the claim that unregulated expression promotes the search for truth, the protection of self-government, the autonomy of individuals, and the control of concentrated power. Even if free speech does serve these values to a considerable degree, there are costs associated with liberty, costs the critics say are not sufficiently recognized in the standard liberal accounts.

As a general matter, but especially regarding the freedom of speech, liberalism is seen as too doctrinaire, too optimistic about …

Panel One: Information Issues: Intellectual Property, Privacy, Integrity, Interoperability, And The Economics Of Information, Anne W. Branscomb, Brian Kahin, Ellen M. Kirsh, P. Michael Nugent, Fred H. Cate

Federal Communications Law Journal

The first panel of From Conduit to Content: The Emergence of Information Policy and Law examines the wide range of legal and regulatory issues presented by information, including intellectual property, privacy, free expression, liability for false or damaging expression, interoperability, international trade, antitrust, and government investment in and provision of information. Participants include Anne W. Branscomb, Fred H. Cate, Brian Kahin, Ellen M. Kirsh, and P. Michael Nugent.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington Program. Friday, March 3 1995, Washington, D.C.

Enforced Apostasy: Zaheeruddin V. State And The Official Persecution Of The Ahmadiyya Community In Pakistan, M. Nadeem Ahmad Siddiq

Minnesota Journal of Law & Inequality

No abstract provided.

Animal Liberation And The Law: Animals Board The Underground Railroad, Laura G. Kniaz

Buffalo Law Review

No abstract provided.

Baseball As An Anomaly: American Major League Baseball Antitrust Exemption - Is The Australian Model A Solution?, Stephanie L. Taylor

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi

Michigan Law Review

The Supreme Court's recent decision in United States v. Lopez marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers. After being "asleep at the constitutional switch" for more than fifty years, the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event. Even if Lopez produces no progeny and is soon overruled, the opinion has shattered forever the notion that, after fifty years of Commerce Clause precedent, we can never go back to the …

Restatement Redux, Anita Bernstein

Vanderbilt Law Review

American products liability buffs, who often have a predilection for history, may remember 1994 as a year of proclaimed harmonization, codification, and restatement. In April 1994 the American Law Institute released the first Council Draft of its Restatement (Third) of Torts: Products Liability. According to the Institute, "[p]roducts liability is highest in priority for reformulation" within the law of torts generally, "for it is socially important and technically complicated."' During the same year, the Republican party announced a Contract With America that promised national reform of products liability; after the November election, the new congressional majority attended promptly to the …

An Essay On The Normative Foundations Of Antitrust Economics, Michael S. Jacobs

North Carolina Law Review

No abstract provided.

The Development Of Human Rights In The Republic Of China On Taiwan: Ramifications Of Recent Democratic Reforms And Problems Of Enforcement, Winston Hsiao

Washington International Law Journal

October of 1995 marks the Republic of China's ("ROC") fiftieth anniversary of occupation in Taiwan. The ROC's impressive democratization in recent years follows a history of autocratic rule. Fear of government reprisal and a non-rights oriented neo-Confucian culture contributed to the people's slow assertion of their constitutional rights. Presently, the ROC's paradoxical international status raises important accountability issues. Though domestic courts now provide a more impartial forum for claims to be heard, international remedies are drastically limited should domestic ones fail. Expelled from the U.N. in 1971 and not officially recognized by most nation states, the ROC remains frightfully independent …

The Laws Of War: Problems Of Implementation In Contemporary Conflicts, Adam Roberts

Duke Journal of Comparative & International Law

No abstract provided.

Rethinking Group Responsibility And Strategic Threats In Biblical Texts And Modern Law, Saul Levmore

Chicago-Kent Law Review

No abstract provided.

"Little Wars" And The Constitution, Jules Lobel

University of Miami Law Review

No abstract provided.

Status And Liability For Punishment In The T'Ang Code, Wallace Johnson

Chicago-Kent Law Review

No abstract provided.

Professional Responsibility

South Carolina Law Review

No abstract provided.

The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman

University of Miami Law Review

No abstract provided.

Some International Law Problems Related To Prosecutions Before The International Criminal Tribunal For The Former Yugoslavia, W. J. Fenrick

Duke Journal of Comparative & International Law

No abstract provided.

Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle

William & Mary Law Review

No abstract provided.

Relations Of Force And Relations Of Justice: The Emergence Of Normative Community Between Colonists And Aboriginal Peoples, Jeremy Webber

Osgoode Hall Law Journal

This paper argues that Aboriginal rights are best understood as the product of cross-cultural interaction-not, as is usually supposed, the result of some antecedent body of law (English, international, or Aboriginal). Aboriginal rights are therefore intercommunal in origin. The paper does describe the process by which this body of law emerged, but its primary vocation is theoretical, concerned with the following questions: How can a normative community emerge in the presence of profound cultural divisions? How can relations of justice emerge in a context dominated by power and coercion? How does moral reasoning draw upon the factual relations of the …

The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar

Tulsa Law Review

No abstract provided.

Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch

Penn State International Law Review (1982 - 2011)

No abstract provided.

Political And Security Dimensions: The Classical Paradigm Revisited Trans-Atlantic Relations In Turmoil: Nato And The Future Of Europe, The, Geoffrey Smith

Tulsa Journal of Comparative and International Law

No abstract provided.