Digital Commons Network^™

Transfer Pricing, Section 482, And International Tax Conflict: Getting Harmonized Income Allocation Measures From Multinational Cacophony, Robert G. Clark

American University Law Review

No abstract provided.

International Humanitarian Law: Americas Watch's Experience In Monitoring Internal Armed Conflicts, Robert Kogod Goldman

American University International Law Review

No abstract provided.

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.

The Task Ahead: Making The Constitution Work For Pluralism, Nicholas N. Kittrie

American University International Law Review

No abstract provided.

Cipollone V. Liggett Group, Inc.: One Step Closer To Exterminating The Fifra Preemption Controversy, Caroline E. Boeh

Kentucky Law Journal

No abstract provided.

Eternal Silence: The Destruction Of Cultural Property In Yugoslavia, Karen J. Detling

Maryland Journal of International Law

No abstract provided.

John C. Fremont, Mariposa, And The Collision Of Mexican And American Law, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

Following the United States' acquisition of California under the 1848 Treaty of Guadalupe-Hidalgo, Congress passed "An Act to ascertain and settle the private Land Claims in the State of California." This statute established a commission to determine the status of the approximately 750 land grants that Spanish and Mexican authorities had made to private individuals before 1848. Congress provided that the commission and courts should evaluate the validity of the grants by, among other criteria, "the laws, usages, and customs of the government from which the claim is derived, the principles of equity, and the decisions of the Supreme Court …

Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross

UC Law SF International Law Review

South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …

The Iraqi Conflict: An Assessment Of Possible War Crimes And The Call For Adoption Of An International Criminal Code And Permanent International Criminal Tribunal, Thomas R. Kleinberger

NYLS Journal of International and Comparative Law

No abstract provided.

Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller

Articles

No abstract provided.

Gulf War Compensation Standard: Concerns Under The Charter, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen

Villanova Law Review (1956 - )

No abstract provided.

The Presidency And Administrative Value Selection, Yvette M. Barksdale

American University Law Review

No abstract provided.

The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh

University of Michigan Journal of Law Reform

The Earth Summit at Rio was the first global negotiation in which indigenous peoples participated directly. They did so with the aim of advocating land rights and greater self-determination in the fields of natural-resource management and development. They justified these claims by arguing that indigenous peoples are superior stewards of the land and that strengthening indigenous peoples' traditional economies would contribute to solving global ecological and economic problems. This approach succeeded all too well. Jaded diplomats and environmental ministers seized on the hopeful possibility that indigenous economics actually might work better than discredited socialism and overextended capitalism, and they invited …

Drug Testing: Is Preemption The Answer?, Ruth Silver Taube

Santa Clara Law Review

No abstract provided.

Preemptive Strikes Against Nuclear Terrorists And Their Sponsors: A Reasonable Solution, Louis J. Capezzuto

NYLS Journal of International and Comparative Law

No abstract provided.

Faced With Unnecessary Adversity, Israel Strikes The Proper Balance Between Security And Humanity, David C. Friedman

NYLS Journal of International and Comparative Law

No abstract provided.

To Adjudicate Or Mediate: That Is The Question, Alfred W. Meyer

Valparaiso University Law Review

No abstract provided.

Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum

Michigan Journal of International Law

Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió

Michigan Journal of International Law

This article offers three comparative insights. First, it concludes that comparative inquiries into presidential systems may be useful for those interested in constitutional government, regardless of historical, cultural, or other contextual differences among nations. Thus, nations with presidentialist constitutional systems may have common problems because of the institutional presidency. The article maintains that our presidential systems are in such states of disrepair that a fundamental reinvigoration of the legislative and judicial branches is required, so that government may better serve important constitutional values in our nations.

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …

Grappling With A Grotian Moment: Sovereignty And The Quest For A Normative World Order, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

Jag Corps Poised For New Defense Missions: Human Rights Training In Peru, Jeffrey F. Addicott

Faculty Articles

The National Command Authority has cited the dissolution of the Soviet Union as cause for the United States Military to expand its role. In addition to its traditional role of fighting wars, the military will take on new nontraditional roles promoting human rights and the rule of law throughout the world. These new military missions will include peacekeeping operations, humanitarian interventions, disaster relief missions, counter-drug activities, and nation-building activities.

As part of this initiative, the United States Judge Advocate General’s Corps (JAGC) provides legal assistance to the militaries of several emerging and struggling democracies. A number of foreign armies and …

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.

Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.

Articles

No abstract provided.

Preface: The Elusive Promise Of Legal Reform, Kenneth Penegar

SMU Law Review

No abstract provided.

Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller

Hofstra Law Review

No abstract provided.

Women In The Crossfire: Should The Court Allow It , Pamela R. Jones

Cornell Law Review

No abstract provided.

Ethics And The Representation Of Professional Athletes, George Cohen

Marquette Sports Law Review

No abstract provided.