Digital Commons Network^™

Horizontal Federalism, Allan Erbsen

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This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …

Contextualising Nanotechnology In Chemistry Education, Christine O'Connor, Hugh Hayden

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This paper will give an example of a pedagogical approach taken in integrating nanotechnology into a chemistry degree course. In recent years nanotechnology has widely become part of the course content for undergraduate chemistry and physics degree curriculum. How contextualised the delivery of the subject matter may vary. The role of contextualisation of nanotechnology in the delivery of the content is the main focus of this paper, as to date in Ireland and many other countries nanotechnology has not been integrated into many chemistry degree courses but is slowly becoming the case. An evaluative methodology of the pedagogical approach for …

The Influence Of Law On Sea Power Doctrines: The New Maritime Strategy And The Future Of The Global Legal Order, Craig H. Allen

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For much of the 2006-07 academic year, elements of the US Naval War College facilitated an elaborate process designed to provide the intellectual foundations for the Chief of Naval Operations (CNO) and his staff to draw upon in drafting a new maritime strategy. The process brought together experts from throughout the world to take part in workshops, strategic foundation "war" games, conferences and listening sessions.

It was my privilege as the Charles H. Stockton Chair of International Law to serve as legal advisor throughout the process. This article summarizes the contributions of the Naval War College International Law Department (ILD) …

The Falklands War: Closer Fought Than Commonly Understood, Tom Clonan

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Close Run Thing Twenty five years ago, this week, over three days of a desperately fought battle for control of the skies over the Falklands, the Argentine Air Force sank four British ships – HMS Ardent, HMS Antelope, HMS Coventry and the MV Atlantic Conveyor – in San Carlos Waters. The British Task Force eventually won the air-war by a whisper and managed to establish a beachhead at San Carlos. After the battle for the Falklands was over, Admiral John ‘Sandy’ Woodward, commander of the 1982 British taskforce admitted that the conflict was ‘a lot closer run than many would …

Naomi Klein: The Shock Doctrine: Review, Tom Clonan

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Naomi Klein, the award-winning Guardian columnist and best-selling author of the seminal ‘No Logo: Taking Aim at the Brand Bullies’ (2000) has just completed her most ambitious project to date. With the publication of ‘Shock Doctrine: The Rise of Disaster Capitalism’, Klein may have achieved what many political leaders, economists and journalists the world over have failed to do during the tumultuous tenure of the current Bush Administration – namely to forensically prove that a ‘rolling coup’ has taken place within the United States that has subordinated its domestic and foreign policy imperatives to corporate interests and naked greed by …

What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble

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No abstract provided.

Is Public Reason Counterproductive?, Eduardo Peñalver

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No abstract provided.

If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein

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At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause that it is meant to promote or impose serious social harms, judges might have reason to hesitate on consequentialist grounds. The prospect ofpublic outrage might also suggest that the court's ruling would be incorrect on the merits; if most people disagree with the court's decision, perhaps the court is wrong. Those who adopt a method of constitutional interpretation on consequentialist …

Property Outlaws, Eduardo Peñalver, Sonia Katyal

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Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …

Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley

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Many commentators who favor expansions in international law also favor restrictions on executive authority. What these commentators often fail to recognize is the potential for conflict between these two commitments. In this Article, I consider one example of this potential conflict: the effect under international law of signed but unratified treaties.

Under contemporary treaty practice, a nation’s signature of a treaty, especially a multilateral treaty, typically does not make the nation a party to the treaty. Rather, nations become parties to treaties by an act of ratification or accession, either by depositing an instrument of ratification or accession with a …

Gender, Truth & Transition, Fionnuala Ní Aoláin, Catherine Turner

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This article introduces the role and function of truth commission and explores a number of the structural and institutional components which profoundly affect women's experiences of accountability in times of transition.

Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes

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No abstract provided.

Revisiting Kelo And Eminent Domain's Summer Of Scrutiny, Alberto B. Lopez

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Due Process Rights And Terrorist Emergencies, James W. Nickel

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This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …

Non-Proliferation Law And The United Nations System: Resolution 1540 And The Limits Of The Power Of The Security Council Current Legal Developments, Daniel H. Joyner

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Moderator's Report: Legal Experts' Workshop On The Future Global Legal Order, Craig H. Allen

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In late 2006, as part of its multifaceted effort to help the Chief of Naval Operations develop a new, contemporary maritime strategy for the nation, the Naval War College convened a “Delphi group” of experts—in this case, in international law—to provide the maritime strategy development team a candid assessment of the probable state of the global legal order in 2020. The workshop, chaired by Craig H. Allen, the Charles H. Stockton Professor of International Law, was held 31 October–1 November 2006 in the College’s Decision Support Center (equipped with an advanced World Wide Web–based group collaboration and decision-support system), in …

A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen

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This article seeks to provide the reader with an overview of the weapons of mass destruction (WMD) nonproliferation regime relevant to marine security operations and to alert the reader to shortfalls in that regime that might frustrate at-sea efforts to interdict WMD shipments. It begins with a general description of the international approach to combating proliferation of WMD and then examines the individual regimes for nuclear weapons, chemical weapons (CW), biological-toxin weapons (BTW) and WMD delivery systems, such as missiles and unmanned aerial vehicles. It next traces the development of several resolutions by the United Nations Security Council that target …

Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen

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The first panel in this, the 2006 Naval War College, International Law Department conference on "Global Legal Challenges: Command of the Commons, Strategic Communications, and Natural Disasters," has been asked to offer a US perspective on current assertions regarding the US command of the commons. It is my privilege to moderate the discussion by a distinguished panel that includes Vice Admiral Lowell E. ("Jake") Jacoby, US Navy (retired) the immediate past director of the Defense Intelligence Agency; Vice Admiral John G. Morgan, Jr., US Navy, deputy chief of naval operations for plans and strategy (N3/N5); and Rear Admiral Joseph L. …

The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen

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This article begins with an examination of the intelligence needs of those engaged in maritime counterproliferation efforts. It then turns to risk-management decision making under conditions of uncertainty, focusing on decisions at the operational level and exploring the question of whether decision strategies in the WMD context should seek to minimize false-negative or false-positive errors. It concludes that even vastly improved maritime intelligence will not obviate the need for national and operational commanders to make decisions under conditions of uncertainty and that such decisions should be made on the basis of established risk-assessment and management principles. At the same time, …

A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott

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Edwin F. Atkins and Charles Francis Adams, Jr., stand out on this stage not as major players but as a particularly intriguing Boston connection. Among the truly major players, planters like Juli?n Zulueta and the Count of Casa More owned hundreds of slaves and shaped Spanish policy. On the Cuban nationalist side, few could equal the impact of Antonio Maceo, the mulato insurgent general who insisted on full emancipation at the end of the 1868-1878 war, or the thousands of rebels who fought under the orders of rebel generals Maceo and Maximo Gomez. As the master of some ninety-five patrocinados …

Creative Reading, Jessica D. Litman

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Let me begin with something that Jamie Boyle wrote ten years ago in Intellectual Property Policy Online: A Young Person's Guide:' Copyright marks the attempt to achieve for texts and other works a balance in which the assumption of the system is that widespread use is possible without copying. The relative bundles of rights of the user and the owner achieve their balance based on a set of economic and technical assumptions about the meaning of normal use. For our purposes, I would like to generalize this as something that Boyle might have written if he had not in that …

Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone

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No abstract provided.

Property Tax Reassessment: Who Needs It?, Stewart E. Sterk, Mitchell L. Engler

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No abstract provided.

Irish Intelligence Staff Work From Kosovo To Kabul, Tom Clonan

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Normally associated with routine troop deployments and logistic support to UN peace keeping and peace enforcement missions worldwide, the Irish Defence Forces have recently dramatically expanded their international intelligence presence abroad. In the wake of 9/11, Ireland’s Military Intelligence Directorate was expanded in order to assess emerging threats to the state – both external and internal – posed by global terrorist networks such as Al Qaeda. As an independent state agency, Ireland’s military intelligence are focused on long term trends within the global security environment across a broad spectrum of threats, from nuclear, biological and chemical weapons proliferation to the …

2005 Indian Water Rights Settlement Conference Keynote Address, Barbara Cosens

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In September 2005, Native American Rights Fund and Western States Water Council brought the Indian Water Rights Settlement Conference to Moscow, Idaho. Native American Rights Fund is the oldest and largest nonprofit dedicated to asserting and defending Native American interests nationwide, and the Western States Water Council is composed of representatives appointed by the governors of eighteen western states, including Idaho. The conference brings together panel members representing tribal, state, federal agency, congressional, local, and environmental interests to discuss, argue, and at times resolve current issues facing the many efforts to settle Indian water rights in the western United States. …

When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones

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No abstract provided.

Freedom Of The Press In Time Of War, Geoffrey R. Stone

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No abstract provided.

The Territorial Temptation: A Siren Song At Sea, Bernard H. Oxman

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No abstract provided.

Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos

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No abstract provided.

Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin

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At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.