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"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone Jan 1996

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

Michigan Journal of International Law

Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …

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The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Michigan Journal of International Law

This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.

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The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk Jan 1996

The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk

Michigan Journal of International Law

The interplay between juridical support for norms of non-intervention and the actualities of interventionary diplomacy is an integral feature of a world of sovereign, yet unequal, states pursuing diverse goals. Pointing in one direction is the juridical stress on sovereignty, reinforced by spatial notions of territorial supremacy within fixed boundaries, which provides the doctrinal underpinnings of non-interventionism. Pointing in the other direction is the effort to project power and influence beyond territorial sovereignty, virtually a definition of what distinguishes a great power from an ordinary state, which creates the geopolitical pressures that result in intervention in the internal and external …

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The Warren Court And Criminal Justice, Yale Kamisar Jan 1996

The Warren Court And Criminal Justice, Yale Kamisar

Book Chapters

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.

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Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin Jan 1996

Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin

Michigan Journal of International Law

Review of Law and War Since 1945 by Geoffrey Best

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Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw Jan 1996

Unemployment Compensation: Continuity, Change, And The Prospects For Reform, Jerry L. Mashaw

University of Michigan Journal of Law Reform

The Symposium proceedings for which this Introduction provides an overview had a decidedly reformative impulse and focus. Authors and discussants came together not just to ruminate about the future, but to grapple with concrete problems that are both a legacy of the past and the product of relatively recent changes. Reformers found much to criticize and to suggest, whether their focus was on stable structures or newly emerging issues. The purpose of this Introduction is to synthesize the views expressed and to reflect on them from the perspective of a student of benefits administration, but one not expert in the …

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"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi Dec 1995

"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 …

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On Humiliation, Jeremy Waldron May 1995

On Humiliation, Jeremy Waldron

Michigan Law Review

A Review of Humiliation, and Other Essays on Honor, Social Discomfort, and Violence by William Ian Miller

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Cook And The Corporate Shareholder: A Belated Review Of William W. Cook's Publications On Corporations, Alfred F. Conard May 1995

Cook And The Corporate Shareholder: A Belated Review Of William W. Cook's Publications On Corporations, Alfred F. Conard

Michigan Law Review

A Review of A Treatise on the Law of Stock and Stockholders, as Applicable to Railroad, Banking, Insurance, Manufacturing, Commercial, Business, Turnpike, Bridge, Canal, and Other Private Corporations by William W. Cook

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A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann Jan 1995

A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann

Michigan Journal of International Law

Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.

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The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross Jan 1995

The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross

Michigan Journal of International Law

The system of grave breaches, established in the Conventions, is the focal point of the enforcement mechanism of international humanitarian law in general and of the Conventions in particular. It is therefore surprising that very little has been written to date about this system. This article is intended to fill that gap by discussing the repression -the prohibition, prosecution, and adjudication - of grave breaches of the Conventions. The article's main purpose is to chart and map the basic contours of the terrain of an area which despite its vast significance has not been adequately and systematically explored. It is …

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The Agincourt Campaign And The Law Of War, A. W.B. Simpson Jan 1995

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

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Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox Jan 1995

Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox

Michigan Journal of International Law

Review of International Monitoring of Plebiscites, Referenda and National Elections: Self-Determination and Transition to Democracy by Yves Beigbeder

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Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman Jan 1995

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.

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The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd Jan 1995

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.

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Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick Jan 1995

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 …

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Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua Jan 1995

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.

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Grotius Nunc Pro Tunch, Alfred P. Rubin Jan 1995

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.)

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The Concept Of Customary International Law, Daniel M. Bodansky Jan 1995

The Concept Of Customary International Law, Daniel M. Bodansky

Michigan Journal of International Law

Review of Custom in Present International Law by Karol Wolfke

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Death Penalty, Henry G. Schermers Jan 1995

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

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Upward Contempt, William I. Miller Jan 1995

Upward Contempt, William I. Miller

Articles

Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …

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The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar Jan 1995

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

Articles

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.

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Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley Jan 1994

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.

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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 …

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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 …

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Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White Jan 1994

Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White

Articles

For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …

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Guess Who's Not Coming To Dinner!!, Stephen Reinhardt May 1993

Guess Who's Not Coming To Dinner!!, Stephen Reinhardt

Michigan Law Review

A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker

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Post-Totalitarian Politics, Guyora Binder May 1993

Post-Totalitarian Politics, Guyora Binder

Michigan Law Review

A Review of The End of History and the Last Man by Francis Fukuyama and Civil Society and Political Theory by Jean L. Cohen and Andrew Arato

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Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.

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The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh Jan 1993

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 …

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