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1999

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The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr. Jan 1999

The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.


The Spirit And The Law , Thomas W. Porter, Jr. Jan 1999

The Spirit And The Law , Thomas W. Porter, Jr.

Fordham Urban Law Journal

This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …


Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden Jan 1999

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …


Self-Determination And The Wrongfulness Of Death, Robert A. Burt Jan 1999

Self-Determination And The Wrongfulness Of Death, Robert A. Burt

Journal of Health Care Law and Policy

No abstract provided.


Genocide, War Crimes, Crimes Against Humanity, Mary Robinson Jan 1999

Genocide, War Crimes, Crimes Against Humanity, Mary Robinson

Fordham International Law Journal

This article examines such violations of international human rights as genocide, war crimes, and crimes against humanity. In Part I, the author explores the nature and uniqueness of these crimes. In Part II, the author suggests possible courses of action the international community can take and improvements that can be made in response. Finally, Part III analyzes methods of preventing such crimes from occurring.


Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon Jan 1999

Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …


The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam Jan 1999

The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam

UC Law SF International Law Review

About fifty years have gone by since international humanitarian law was first applied to the proseculion and punishment of war criminals. Just a few years ago, the international humanitarian law most law students learned about was couched within public international law, often studied without any serious intention of ever applying it. Recent prosecutions of war criminals in former Yugoslavia, the presence of genocide suspects in Rwanda and the impending establishment of the Permanent International Criminal Tribunal by the United Nations have revived interest in international humanitarian law, with particular interest in genocide and crimes against humanity.

This article compares the …


Short Story, Volume 7, Number 1, Spring 1999 [Download Entire Issue] Jan 1999

Short Story, Volume 7, Number 1, Spring 1999 [Download Entire Issue]

Short Story

No abstract provided.


Patterns To Male Balding, Tamas Dobozy Jan 1999

Patterns To Male Balding, Tamas Dobozy

Short Story

No abstract provided.


Customary International Law And Human Rights Treaties Are Law Of The United States, Jordan J. Paust Jan 1999

Customary International Law And Human Rights Treaties Are Law Of The United States, Jordan J. Paust

Michigan Journal of International Law

The Founders clearly expected that the customary law of nations was binding, was supreme law, created (among others) private rights and duties, and would be applicable in United States federal courts. For example, at the time of the formation of the Constitution John Jay had written: "Under the national government… the laws of nations, will always be expounded in one sense… [and there is] wisdom… in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government...” In 1792, the supremacy of the customary law of nations within the United States was …


Ordinary Women: Government And Custom In The Lives Of New Hampshire Women, 1690-1770, Marcia Schmidt Blaine Jan 1999

Ordinary Women: Government And Custom In The Lives Of New Hampshire Women, 1690-1770, Marcia Schmidt Blaine

Doctoral Dissertations

The prominence of patriarchy and common law has caused many historians to concentrate on the limitations placed on eighteenth-century Anglo-American women. The results often present women as objects, rather than subjects, of study. Using four major primary sources: Governor, Council and Assembly records, petitions, licensing materials, and treasury records, this study examines the relationship between ordinary women and the provincial government of New Hampshire in order to explain the customary options available to women in proceedings with the government. Even with a spouse still living, Anglo-American women acted as family agents and representatives when captured by the Native Americans and …


The Ship In The Forest: New England Maritime Industries And Coastal Environment, 1630-1850, William Burgess Leavenworth Jan 1999

The Ship In The Forest: New England Maritime Industries And Coastal Environment, 1630-1850, William Burgess Leavenworth

Doctoral Dissertations

This work examines the relationship between New England's maritime industries and the coastal ecotone, from Massachusetts Bay to Penobscot Bay and occasionally beyond, between 1630 and 1850. It begins with the early English use of the littoral ecosystem, and describes the effects of expanding maritime development and related industries---shipbuilding, fishing, farming and forestry---on that ecosystem until the late ante-bellum era. It also investigates the role of the coastal ecosystem in the development of New England's colonial and early Federal political structure and economies, and describes in some detail the role of strategic coastal resources in the wars of the 17th …


The Death Of Edward Mcmurty, David J. Wishart Jan 1999

The Death Of Edward Mcmurty, David J. Wishart

Great Plains Quarterly (through 2013)

Edward McMurty would have been lost to history if it hadn't been for the way he died and for what it meant in frontier Nebraska. McMurty's bloated body was found on 20 June 1869 in a pond on an island in the Platte River, about five miles from the town of Columbus (Fig. 1). He had been missing for six weeks. His body had been tethered to a large log and weighted down in the water. But distant snowmelts in the Rocky Mountains and a torrential Nebraska downpour on June 19th swelled the Platte, which flowed onto the island, flooding …


Review Of Satanta: The Life And Death Of A War Chief. By Charles M. Robinson Iii, Benjamin R. Kracht Jan 1999

Review Of Satanta: The Life And Death Of A War Chief. By Charles M. Robinson Iii, Benjamin R. Kracht

Great Plains Quarterly (through 2013)

Set-t' ainte, or "White Bear," whose name was Anglicized into Satanta, was one of the most feared Southern Plains warriors and raiders in the mid-nineteenth century. Robinson's biography of Satanta also remembered as the "Orator of the Plains"-grew out of the author's research into the history of Fort Richardson and the May 1871 killing of seven teamsters outside the nearby town of Jacksboro, Texas. White Bear and Big Tree, the two Kiowa warriors held responsible for the teamsters' deaths, were the first American Indian leaders to be tried in a civil court (State of Texas v. Satanta and Big …


Review Of Autobiography Of Red Cloud: War Leader Of The Oglalas Edited By R. Eli Paul, H. David Brumble Jan 1999

Review Of Autobiography Of Red Cloud: War Leader Of The Oglalas Edited By R. Eli Paul, H. David Brumble

Great Plains Quarterly (through 2013)

It is wonderful that as-told-to autobiographical narratives by pre-literate American Indians continue to appear. At one end of the editorial scale is Janet Wall Hendricks' edition of To Drink of Death: The Narrative of a Shuar Warrior (1993), where the editor/amanuensis has taken great care to present this warrior's life stories in something very like the way he told them. Autobiography of Red Cloud is close to the scale's other end. In the 1890s Red Cloud told his stories to an old friend named Sam Deon; unbeknownst to Red Cloud, Deon retailed these stories daily to the Pine Ridge postmaster …


Review Of The Nebraska Indian Wars Reader, 1865-1877 Edited By R. Eli Paul, James O. Gump Jan 1999

Review Of The Nebraska Indian Wars Reader, 1865-1877 Edited By R. Eli Paul, James O. Gump

Great Plains Quarterly (through 2013)

Between 1854 and 1890, the military frontier in western Nebraska witnessed major events, including Harney's victory over the Sioux at Ash Hollow in 1855, the Republican River Expedition of 1869, the Battle of Massacre Canyon in 1873, skirmishes in the Great Sioux War of 1876-77, and the killing of Crazy Horse in 1877. These years also featured the activities of such famous Lakota leaders as Red Cloud, Spotted Tail, and Crazy Horse, the US Fifth Cavalry headquartered at Fort McPherson, as well as the "Dandy Fifth's" leading personalities, including General Eugene Carr, "Buffalo Bill" Cody (chief of scouts), and Major …


Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr. Jan 1999

Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Police-Ization Of The Military, Charles J. Dunlap Jr. Jan 1999

The Police-Ization Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

This essay will briefly review the background of the use of the armed forces in a police capacity, discuss the growth of that role in the I980s and 1990s, and forecast an even greater expansion into that role in the near future due to the emerging threat of "catastrophic terrorism." It will contend that this increased reliance on military resources for policing is not in the interest of either the armed forces or the public. Finally, it will make some observations with a view towards minimizing the dangers of police-ization of the military while ensuring the Nation's public safety.


Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr. Jan 1999

Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr. Jan 1999

Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Driver's Privacy Protection Act: On The Fast Track To National Harmony Or Commercial Chaos, Oliver J. Kim Jan 1999

The Driver's Privacy Protection Act: On The Fast Track To National Harmony Or Commercial Chaos, Oliver J. Kim

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Is Self-Regulation Enough Today?: Evaluating The Recombinant Dna Controversy, Charles Weiner Jan 1999

Is Self-Regulation Enough Today?: Evaluating The Recombinant Dna Controversy, Charles Weiner

Health Matrix: The Journal of Law-Medicine

No abstract provided.


The Proposed Domestic Charity Exception: An Unwise Addition To The Dormant Commerce Clause Family, Todd Armsbruster Jan 1999

The Proposed Domestic Charity Exception: An Unwise Addition To The Dormant Commerce Clause Family, Todd Armsbruster

University of Miami Law Review

No abstract provided.


Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder Jan 1999

Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver Jan 1999

Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver

Fordham International Law Journal

Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …


Raf Flying Training Usa 1941 -1945 (As Written In 1999), Derrick Croisdale Jan 1999

Raf Flying Training Usa 1941 -1945 (As Written In 1999), Derrick Croisdale

Documents

This is not a definitive history of RAF flying training in the USA during WW2. Far from it! It is best described as a story woven around such training. Accurate statistics are hard to come by. Quantitative data used in this story should be regarded only as an indication of the numbers involved; nevertheless, they are sufficiently accurate to give a good appreciation of whatever they represent.

It is difficult even to be precise about what is meant by the term "RAF aircrew". The WW2 RAF comprised many nationalities some of whom were grouped into separate units for command purposes. …


Parting The Veil: The Visions Of Joseph Smith, Alexander L. Baugh Jan 1999

Parting The Veil: The Visions Of Joseph Smith, Alexander L. Baugh

BYU Studies

God granted to the Prophet Joseph the gift of visions. Joseph received so many that they became almost commonplace for him. The strength and knowledge Joseph received through these visions helped him establish the Church.


Against The Grain: The North Dakota Wheat Pooling Plan And The Liberalization Trend In World Agricultural Markets, Jon Lauck Jan 1999

Against The Grain: The North Dakota Wheat Pooling Plan And The Liberalization Trend In World Agricultural Markets, Jon Lauck

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford Jan 1999

Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross Jan 1999

Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.