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On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras Jan 1994

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

Articles

No abstract provided.


Doing Right By Our Kids: A Case Study In The Perils Of Making Policy On Television Violence, Patricia M. Wald Jan 1994

Doing Right By Our Kids: A Case Study In The Perils Of Making Policy On Television Violence, Patricia M. Wald

University of Baltimore Law Review

No abstract provided.


The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney Jan 1994

The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney

Fordham International Law Journal

Introduction in relation to the 50th anniversary of the United Nations.


Antitrust Law And Patent Misconduct In The Proprietary Drug Industry, Michael A. Sanzo Jan 1994

Antitrust Law And Patent Misconduct In The Proprietary Drug Industry, Michael A. Sanzo

Villanova Law Review (1956 - )

No abstract provided.


Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld Jan 1994

Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld

Faculty Publications

This Article examines the history of a Vietnam War-era case: the court-martial of Dr. Howard B. Levy. The U.S. Army court-martialled Dr. Levy for refusing to teach medicine to Green Beret soldiers and for criticizing both the Green Berets and American involvement in Vietnam. Although the Supreme Court eventually upheld Levy's conviction in Parker v. Levy, its decision obscures the political content of Levy's court-martial and its relationship to the war. At the court-martial Levy sought to defend himself by showing that his disparaging remarks about the Green Berets, identifying them as "killers of peasants and murderers of women and …


The New Chinese Revolution: Hong Kong's Insurance Against Chinese Noncompliance With The 1984 Joint Declaration, Joseph T. Kennedy Jan 1994

The New Chinese Revolution: Hong Kong's Insurance Against Chinese Noncompliance With The 1984 Joint Declaration, Joseph T. Kennedy

NYLS Journal of International and Comparative Law

No abstract provided.


Cercla, Causation, And Responsibility, John Copeland Nagle Jan 1994

Cercla, Causation, And Responsibility, John Copeland Nagle

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

No abstract provided.


Forced Prostitution: Naming An International Offense, Nora V. Demleitner Jan 1994

Forced Prostitution: Naming An International Offense, Nora V. Demleitner

Fordham International Law Journal

This paper presents an argument for recognizing "forced prostitution" as an international offense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women's customers can be held criminally liable. While the international debate has attempted to characterize forced prostitution as slavery, the term "slavery" fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional organizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it as well as …


Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody Jan 1994

Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody

Fordham International Law Journal

This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency's attempt to verify North Korea's compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part II reviews the events leading up to North Korea's alleged withdrawal from the NPT and discusses the DPRK's and the Agency's legal arguments concerning North Korea's rights under the regime. Part III argues that the Agency has the right to inspect the DPRK's facilities because: …


The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma Jan 1994

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.


War Risk Aviation Exclusions, Jason B. Libby Jan 1994

War Risk Aviation Exclusions, Jason B. Libby

Journal of Air Law and Commerce

No abstract provided.


Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky Jan 1994

Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky

Faculty Publications

In the aftermath of a typical strike, management often seeks to restore order to the workplace by imposing restrictions on employee expression. Although in principle employee expression is protected by section 7 of the National Labor Relations Act, courts, relying on outdated notions of workplace organization, often accept ad hoc management justifications for restrictions on employee expression. The author argues that after a strike, it is crucial for employees to be able to express their grievances or vent their frustrations at exactly the same time that employers feel it necessary to restrict expression as a way of re-imposing order in …


As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune Jan 1994

As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune

Michigan Journal of International Law

This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …


Ancient Works, Modern Dilemmas: The Dead Sea Scrolls Copyright Case, Lisa Michelle Weinstein Jan 1994

Ancient Works, Modern Dilemmas: The Dead Sea Scrolls Copyright Case, Lisa Michelle Weinstein

American University Law Review

No abstract provided.


The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness Jan 1994

The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness

Loyola University Chicago Law Journal

No abstract provided.


From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman Jan 1994

From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman

Cleveland State Law Review

This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …


Imagining The Law, James Boyd White Jan 1994

Imagining The Law, James Boyd White

Book Chapters

My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …


The Descent Of Political Theory And The Limitations Of Legal Tolerance, Charles W. Collier Jan 1994

The Descent Of Political Theory And The Limitations Of Legal Tolerance, Charles W. Collier

UF Law Faculty Publications

No abstract provided.


From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman Jan 1994

From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman

Cleveland State Law Review

This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …


The Landmine Review Conference: Will The Revised Landmine Protocol Protect Civilians?, Paul J. Lightfoot Jan 1994

The Landmine Review Conference: Will The Revised Landmine Protocol Protect Civilians?, Paul J. Lightfoot

Fordham International Law Journal

This Comment analyzes the impact of landmine use on civilians, the effect of international law on landmine warfare, and the proposed changes to international law in response to the harm inflicted upon civilians. The Comment concludes that the United Nations Review Conference will not adopt a total ban on the production, use, transfer, and stockpiling of landmines, and therefore will fail in its efforts to protect civilians.


Mslj Backissues, For The Record And For The Record Extra Newsletters, And Videos Available Through The National Sports Law Institute Jan 1994

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


The Mascot Name Change Controversy: A Lesson In Hypersensitivity, John B. Rhode Jan 1994

The Mascot Name Change Controversy: A Lesson In Hypersensitivity, John B. Rhode

Marquette Sports Law Review

No abstract provided.


The Law - More Than Being A Lawyer, The Choice Is Yours, Alan C. Page Jan 1994

The Law - More Than Being A Lawyer, The Choice Is Yours, Alan C. Page

SMU Law Review

No abstract provided.


International Law And Civil Wars, Gregory H. Fox Jan 1994

International Law And Civil Wars, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.


Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni Jan 1994

Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni

Fordham International Law Journal

This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.


The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres Jan 1994

The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.


Treaties As Instruments For Managing Internationally-Shared Water Resources: Restricted Sovereignty Vs. Community Of Property, Joseph W. Dellapenna Jan 1994

Treaties As Instruments For Managing Internationally-Shared Water Resources: Restricted Sovereignty Vs. Community Of Property, Joseph W. Dellapenna

Case Western Reserve Journal of International Law

No abstract provided.


Judicial Interpretation Of Silence: The Criminal Evidence Order Of 1988, Thomas P. Quinn Jan 1994

Judicial Interpretation Of Silence: The Criminal Evidence Order Of 1988, Thomas P. Quinn

Case Western Reserve Journal of International Law

No abstract provided.


The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker Jan 1994

The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker

Articles & Book Chapters

This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made …


Bridling The International Trade Of Catastrophic Weaponary, Barry Kellman Jan 1994

Bridling The International Trade Of Catastrophic Weaponary, Barry Kellman

American University Law Review

No abstract provided.