Digital Commons Network^™

Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman

Michigan Journal of International Law

This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.

The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd

Michigan Journal of International Law

The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.

Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick

Michigan Journal of International Law

This article concludes that the United Nations is bound by the rules of customary international humanitarian law, and occupies a horizontal relationship with the other subjects of IHL that it engages in armed conflict. When U.N. armed forces engage in armed conflict, the Organization qualifies as a "party to armed conflict" within the meaning of IHL, and U.N. troops also fall within the IHL definition of "combatants," rendering the Organization subject to IHL obligations. Continuing U.N. arguments to the contrary either deprive IHL definitions of their determinacy or regress to a claim of undeserved special status for Charter norms and …

Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua

Michigan Journal of International Law

The author argues in this Article that the post-colonial state, the uncritical successor of the colonial state, is doomed because it lacks basic moral legitimacy. Its normative and territorial construction on the African colonial state, itself a legal and moral nullity, is the fundamental reason for its failure. The author argues that, at independence, the West decolonized the colonial state, not the African peoples subject to it. In other words, the right to self-determination was exercised not by the victims of colonization but their victimizers, the elites who control the international state system.

Select Bibliography Of Women's Human Rights Law, A Conference On The Interventional Protection Of Reproductive Rights , Rebecca J. Cook, Valerie L. Oosterveld

American University Law Review

No abstract provided.

The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.

Cleveland State Law Review

It is the purpose of this Article to explore systematically the creation of the new system of land law in the seventeenth century. The Article opens with a brief introduction to some of the major events of the seventeenth century to assist readers unfamiliar with this period. Successive sections will then treat the abolition of the feudal tenures and the adoption of socage tenure, the defeat of copy hold and the triumph of the enclosure movement, the creation of the rule against perpetuities and the strict settlement, and the creation of the modem trust and mortgage instruments.

Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller

SMU Law Review

No abstract provided.

Logic And Experience , Allen D. Boyer

Cornell Law Review

No abstract provided.

The Mythology Of Article 9, Robert E. Scott

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Mslj Backissues, For The Record And For The Record Extra Newsletters, And Videos Available Through The National Sports Law Institute

Marquette Sports Law Review

None

Reconsidering Flood V. Kuhn, Stephen F. Ross

Faculty Scholarship

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been …

The Mythology Of Article 9, Robert E. Scott

Faculty Scholarship

Debt Collection as Rent Seeking marks an important moment in contemporary jurisprudence: the transformation of David Carlson from trenchant, fire-in-the-belly, no-holds-barred critic to abstract-modeling, implausible-assuming, game-theorizing, law and economics maven. On that basis alone, it is a great read.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Penn State International Law Review (1982 - 2011)

No abstract provided.

Texas's New Habeas Corpus Procedure For Death-Row Inmates: Kafkaesque - And Probably Unconstitutional., James C. Harrington, Anne More Burnham

St. Mary's Law Journal

Abstract Forthcoming.

Legal Restraints In The Use Of Landmines: Humanitarian And Environmental Crisis, Janet E. Lord

Book Chapters

Landmines may be one of the most widespread, lethal, and long lasting forms of pollution we have yet encountered, and we are currently losing the battle to protect innocent civilians from their effects.

Making The Final Frontier Feasible: A Critical Look At The Current Body Of Outer Space Law, Heidi Keefe

Santa Clara High Technology Law Journal

No abstract provided.

Human Rights Law And Reproductive Self-Determination Conference On The Interventional Protection Of Reproductive Rights, Rebecca J. Cook

American University Law Review

No abstract provided.

Book Review Of Index To The Chemical Weapons Convention, James S. Heller

Library Staff Publications

No abstract provided.

How Do We Get Rid Of These Things? Dismantling Excess Weapons While Protecting The Environment, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The startling successes of contemporary international arms control negotiations call to mind the old aphorism that one should be careful about what one wishes for, because the wish just might come true.

Today, disarmament diplomacy has wrought unprecedented triumphs across a wide range of global bargaining issues, producing a series of watershed treaties that offer spectacular new advantages for the security of the United States and for the prospect of enduring world peace. At the same time, however, these unanticipated negotiation breakthroughs have themselves generated unforeseen implementation problems, spawning a host of novel difficulties for which the traditional tools and …

Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone

Popular Media

No abstract provided.

Grotius Nunc Pro Tunch, Alfred P. Rubin

Michigan Journal of International Law

Review of A Normative Approach to War: Peace, War and Justice in Hugo Grotius (Yasuaki Onuma ed.)

The Concept Of Customary International Law, Daniel M. Bodansky

Michigan Journal of International Law

Review of Custom in Present International Law by Karol Wolfke

Death Penalty, Henry G. Schermers

Michigan Journal of International Law

Review of The Abolition of the eath Penalty in International Law by William A. Schabas

Publications That Incite, Solicit, Or Instruct: Publisher Responsibility Or Caveat Emptor?, Terri R. Day

Santa Clara Law Review

No abstract provided.

Post-Modern Labor-Management Relations: The Southwestern Bell/Communications Workers Strategic Alliance, Roger L. Abrams

Hofstra Labor & Employment Law Journal

This article explores the labor relations system established by Southwestern Bell in cooperation with the Communications Workers after divestment in the telephone industry. It explains how positive labor-management relationships with open communication can enhance productivity and foster other positive benefits for concerned parties. The article was first presented by Dean Abrams at an international conference on labor relations conducted under NAFTA held in La Jolla, California.

Secure In Their Houses? Fourth Amendment Rights At Public Housing Projects, Charles Hellman

NYLS Law Review

No abstract provided.

Planning For P.E.A.C.E.: The Development Of Court-Connected Education Programs For Divorcing And Separating Families, Andrew Schepard, Stephen W. Schlissel

Hofstra Law Review

This Article is divided into several parts. First, we discuss the background and findings of P.E.A.C.E.'s pilot programs. Next, we analyze why the grass roots movement to create court-based educational programs, of which P.E.A.C.E. is representative, has evolved so rapidly. Then, we address the concerns that some groups have raised that P.E.A.C.E. may have a disparate and negative impact on women. Finally, and most importantly, we outline an administrative structure that a state judiciary can create to promote the development of parent education programs.

The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …

Guns, Militias And Oklahoma City, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

While this Symposium on "The Second Amendment and the Right to Keep and Bear Arms" was in final stages of production a massive explosion ripped through a federal office building in Oklahoma City, Oklahoma, killing scores of men, women, and children. As this Foreword is being written the final count of casualties is still unknown. Also unknown at this time are the identities of all who were involved in planning and executing this crime. One man is in custody, but to this point he has chosen to remain silent. Another unknown suspect is still at large.'