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The World Of Courtroom Technology, Fredric I. Lederer Sep 1999

The World Of Courtroom Technology, Fredric I. Lederer

Faculty Publications

No abstract provided.


Online Auctions, Michael N. Huhns, José M. Vidal May 1999

Online Auctions, Michael N. Huhns, José M. Vidal

Faculty Publications

Auctions on the Internet can involve not only consumers, but also businesses. They can form dynamically and enable the exchange of goods much as stock exchanges manage the buying and selling of securities. But because auctions have a wide scope and a short lifetime, the opportunistic behavior needed for successful interaction requires agents to both participate in and manage auctions. The article focuses on the use of software agents in such Internet based auctions


The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer Apr 1999

The Road To The Virtual Courtroom? A Consideration Of Today’S -- And Tomorrow’S -- High Technology Courtrooms, Fredric I. Lederer

Faculty Publications

No abstract provided.


Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf Jan 1999

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Faculty Publications

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.


Making The "White Man's Country" White: Race, Slavery, And State-Building In The Jacksonian South, Lacy K. Ford, Jr. Jan 1999

Making The "White Man's Country" White: Race, Slavery, And State-Building In The Jacksonian South, Lacy K. Ford, Jr.

Faculty Publications

No abstract provided.


The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green Jan 1999

The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green

Faculty Publications

No abstract provided.


The Swabian War Of 1499: 500 Years Since Switzerland's Last War Of Independence, Albert Winkler Jan 1999

The Swabian War Of 1499: 500 Years Since Switzerland's Last War Of Independence, Albert Winkler

Faculty Publications

At the end of the fifteenth century, Emperor Maximilian I of the Germany Empire was trying to unite his country. He also tried to force the Swiss Confederation to become closer members of the empire. This lead to the Swabian War of 1499. In a series of battles and campaigns, the Swiss were successful in defeating the famous Swabian Landsknechte who had learned to fight in the Swiss manner. As an outcome of the war, the Swiss Confederation were even more independent of the German Empire.


Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins Jan 1999

Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins

Faculty Publications

The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill of Rights, create the core of what people today consider their most basic freedoms. Without these rights, and consistent judicial adherence to them, most Americans would not feel secure. There are two major sources of danger to these basic rights: internal and external. Internally, we must protect ourselves from our own infringement of these rights through the firm restrictions that the Constitution places on the government in its treatment of the people. Externally, we must protect our system of maintaining these freedoms from …


New Voices In The Nation: Women And The Greek Resistance, 1941-1964, By Janet Hart, Gerasimos Augustinos Feb 1998

New Voices In The Nation: Women And The Greek Resistance, 1941-1964, By Janet Hart, Gerasimos Augustinos

Faculty Publications

Reviews the book New Voices in the Nation: Women and the Greek Resistance, 1941-1964, by Janet Hart.


The Definition Of Crimes Against Humanity: Resolving The Incoherence, Beth Van Schaack Jan 1998

The Definition Of Crimes Against Humanity: Resolving The Incoherence, Beth Van Schaack

Faculty Publications

This Article discusses the contours of the prohibition of crimes against humanity with reference to proceedings before the International Criminal Tribunal for the Former Yugoslavia (ICTY) and deliberations at the Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Because the contemporary status of this offense under international law cannot be understood or appreciated without reference to its history, this Article traces the evolution of the concept of crimes against humanity with particular reference to the genesis and re-interpretation of the war nexus requirement. A recurrent theme in this narrative is the search for an element …


Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu Jan 1998

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.


Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu Jan 1998

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu

Faculty Publications

No abstract provided.


The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz Jan 1998

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Faculty Publications

No abstract provided.


Focused Graduate Education: An Invisible But Real Competitive Edge, Roland D. Kankey, Jan P. Muczyk, Neal M. Ely Oct 1997

Focused Graduate Education: An Invisible But Real Competitive Edge, Roland D. Kankey, Jan P. Muczyk, Neal M. Ely

Faculty Publications

The future mission of the Air Force will be diverse and complex. Advanced technology will play an increasingly prominent role; a smaller force must accomplish more. To support this mission, our acquisition corps must be intellectually capable, well educated and trained. Focused graduate education will be essential to sustain this effort.


Making Sense Of The 1994 Right-Wing Revolution In The United States: How The Christian Right, The Grand Old Political Action Committee (Gopac), And Talk Radio Unknowingly Collaborated, Andrew F. Wood, Tyrone Adams Jan 1997

Making Sense Of The 1994 Right-Wing Revolution In The United States: How The Christian Right, The Grand Old Political Action Committee (Gopac), And Talk Radio Unknowingly Collaborated, Andrew F. Wood, Tyrone Adams

Faculty Publications

No abstract provided.


American Innocence, Robert N. Strassfeld Jan 1997

American Innocence, Robert N. Strassfeld

Faculty Publications

The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …


Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong

Faculty Publications

Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …


Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan Jan 1997

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …


The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf Jan 1997

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …


British Women Poets Of The Romantic Era: An Anthology, Paula R. Feldman Jan 1997

British Women Poets Of The Romantic Era: An Anthology, Paula R. Feldman

Faculty Publications

No abstract provided.


Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Oct 1996

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.


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

Faculty Publications

No abstract provided.


An Historical Critique Of The Emergence And Evolution Of Ernesto Che Guevara's Foco Theory, Matt D. Childs Oct 1995

An Historical Critique Of The Emergence And Evolution Of Ernesto Che Guevara's Foco Theory, Matt D. Childs

Faculty Publications

This article provides an analysis of Ernesto Che Guevara's theory of guerrilla warfare, the foco. The numerous changes to the originalfoco thesis, as presented in Guerrilla Warfare (1960), are examined in detail covering two dozen articles, speeches, essays, interviews and books authored by Guevara, Castro and Debray while stressing their relation to national and international politics. The author argues that there was an apparent discourse between Cuban politics and the numerous changes in Guevara's writings. Juxtaposing changes to the foco theory from 1960 to 1967, to Cuban historical events, reflects the political expedience of the 196os and the primary …


Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii Jan 1995

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …


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

Faculty Publications

No abstract provided.


Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds Sep 1994

Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds

Faculty Publications

The recent discovery that an anonymously published 1620 essay was an early writing of Thomas Hobbes invites investigation of his early thinking. Hobbes relied on mostly classical sources to advance a basically conventionalist theory of law and to anticipate twentieth century analyses of the principles of rule of law such as that made famous by F. A. Hayek.


National Defense And The Public-Goods Problem, Jeffrey Rogers Hummel, Don Lavoie Jun 1994

National Defense And The Public-Goods Problem, Jeffrey Rogers Hummel, Don Lavoie

Faculty Publications

No abstract provided.


The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather Jan 1994

The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather

Faculty Publications

This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.


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 …


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 …