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The Implications Of Memetics For The Cultural Defense, Neal A. Gordon Apr 2001

The Implications Of Memetics For The Cultural Defense, Neal A. Gordon

Duke Law Journal

No abstract provided.


When Can A State Be Sued?, William W. Van Alstyne Jan 2001

When Can A State Be Sued?, William W. Van Alstyne

Faculty Scholarship

In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …


Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall Jan 2001

Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall

Law and Contemporary Problems

The US would be undermining its own interests by insisting on insulation of its personnel as the price for its toleration or support for the International Criminal Court. Broomhall argues that the US ought, in its own interest, to lay the foundations for eventually supporting the ICC, notwithstanding the potential (albeit remote) risk of investigation of its nationals.


Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham Jan 2001

Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham

Faculty Scholarship

No abstract provided.


Special Operations Forces After Kosovo, Charles J. Dunlap Jr. Jan 2001

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar Jan 2001

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C. Jan 2001

The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.

Law and Contemporary Problems

The creation of a permanent international criminal court (ICC) has been seen as a desirable objective for a long time, but its implementation is hampered by controversy. Proponents of the court believe that the ICC has great potential to render justice in cases of genocide, war crimes, and crimes against humanity, and to deter the future perpetration of those crimes. Skeptics question the wisdom of placing the power to adjudicate highly politically charged cases into the hands of an international tribunal.


High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris Jan 2001

High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris

Law and Contemporary Problems

The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.


The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Law and Contemporary Problems

Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.


International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau Jan 2001

International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau

Law and Contemporary Problems

Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.


The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin Jan 2001

The International Criminal Court: Possibilities For Prosecutorial Abuse, Alfred P. Rubin

Law and Contemporary Problems

The attempt to create an international criminal court assumes that in all important ways the international legal order is similar to the municipal legal orders with which US citizens are familiar, but with regard to the criminal law, that assumption is simply not true. Rubin discusses two potential fundamental discrepancies between the international legal order and an hypothesized "typical" municipal legal order as would exist under the current statute for the International Criminal Court.


The Risks And Weaknesses Of The International Criminal Court From America’S Perspective, John R. Bolton Jan 2001

The Risks And Weaknesses Of The International Criminal Court From America’S Perspective, John R. Bolton

Law and Contemporary Problems

Bolton argues the US should raise its objections to the International Criminal Court (ICC) on every appropriate occasion, as part of its larger campaign to assert American interests against stifling, illegitimate, and unacceptable international agreements. The US has many alternative foreign policy instruments to utilize that are fully consistent with US interests, leaving the ICC to the obscurity it richly deserves.


The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney Jan 2001

The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney

Law and Contemporary Problems

McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.


The Irresolution Of Rome, Ruth Wedgwood Jan 2001

The Irresolution Of Rome, Ruth Wedgwood

Law and Contemporary Problems

Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.


Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler Nov 2000

Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler

Duke Law Journal

No abstract provided.


Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende Oct 2000

Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende

Duke Law Journal

No abstract provided.


The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy Jul 2000

The Constitutional Failure Of The Strickland Standard In Capital Cases Under The Eighth Amendment, Amy R. Murphy

Law and Contemporary Problems

Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment, but the Supreme Court's decision in "Strickland" has given appellate courts overly broad discretion to determine exactly what constitutes ineffective assistance of counsel. Murphy reviews the right to counsel and discusses the crucial role of counsel in capital cases throughout the trial and appellate processes.


Threading Between The Religion Clauses, Ira C. Lupu Apr 2000

Threading Between The Religion Clauses, Ira C. Lupu

Law and Contemporary Problems

A careful review of the overall record suggests that Pres Clinton's Administration has been more solicitous of the First Amendment's Religious Clauses as a whole than can normally be expected of elected national officials and their appointees.


Foreword: Small World, Herbert L. Bernstein Apr 2000

Foreword: Small World, Herbert L. Bernstein

Duke Journal of Comparative & International Law

No abstract provided.


The Law And Politics Of The Pinochet Case, Michael Byers Apr 2000

The Law And Politics Of The Pinochet Case, Michael Byers

Duke Journal of Comparative & International Law

No abstract provided.


Establishing An Equal Playing Field For Criminal Defendants In The Aftermath Of United States V. Singleton, Korin K. Ewing Mar 2000

Establishing An Equal Playing Field For Criminal Defendants In The Aftermath Of United States V. Singleton, Korin K. Ewing

Duke Law Journal

No abstract provided.


Assessing The Practicality And Constitutionality Of Alaska’S Split-Recovery Punitive Damages Statute, Scott Dodson Mar 2000

Assessing The Practicality And Constitutionality Of Alaska’S Split-Recovery Punitive Damages Statute, Scott Dodson

Duke Law Journal

No abstract provided.


The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders Feb 2000

The Problem Of Using Hearsay In Domestic Violence Cases: Is A New Exception The Answer?, Neal A. Hudders

Duke Law Journal

No abstract provided.


How Congress Might Redesign A Leaner, Cleaner Writ Of Habeas Corpus, Brian M. Hoffstadt Feb 2000

How Congress Might Redesign A Leaner, Cleaner Writ Of Habeas Corpus, Brian M. Hoffstadt

Duke Law Journal

In the last thirty years, the Supreme Court and Congress have made the federal writ of habeas corpus increasingly less available to state prisoners. By and large, they have restricted the writ through the creation and expansion of procedural barriers to federal habeas review. Recently, however, the policy debate over how to handle the deluge of federal habeas petitions has begun to shift away from creating procedural hurdles and toward a more straightforward narrowing of the substantive scope of the writ, as Congress has started to consider bills that would preclude state prisoners from raising certain federal constitutional claims in …


Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett Jan 2000

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


The Rampart Scandal And The Criminal Justice System In Los Angeles County, Erwin Chemerinsky Jan 2000

The Rampart Scandal And The Criminal Justice System In Los Angeles County, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos Jan 2000

Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos

Faculty Scholarship

In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …


The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou Dec 1999

The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou

Alaska Law Review

No abstract provided.


Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, Jonathan Turley Oct 1999

Senate Trials And Factional Disputes: Impeachment As A Madisonian Device, Jonathan Turley

Duke Law Journal

In this Article, Professor Turley addresses the use of impeachment, specifically the Senate trial, as a method of resolving factional disputes about an impeached official's legitimacy to remain in office. While the Madisonian democracy was designed to regulate factional pressures, academics and legislators often discuss impeachments as relatively static events focused solely on removal. Alternatively, impeachment is sometimes viewed as an extreme countermajoritarian measure used to "reverse" or "nullify" the popular election of a President. This Article advances a more dynamic view of the Senate trial as a Madisonian device to resolve factional disputes. This Article first discusses the history …


The Critical Challenges From International High-Tech And Computer-Related Crime At The Millennium, Michael A. Sussmann Apr 1999

The Critical Challenges From International High-Tech And Computer-Related Crime At The Millennium, Michael A. Sussmann

Duke Journal of Comparative & International Law

No abstract provided.