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A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin

Vanderbilt Journal of Transnational Law

This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.

The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …

The Rule Of Law In China, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part II considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in Chinese Communism. It also reviews efforts that the People's Republic of China has made in recent decades to strengthen its legal institutions. Part III begins with a discussion of the Western jurisprudential idea of the rule of law and suggests a distinction between two basic understandings: (1) rule by law as an …

International Law And The Problem Of Evil, A. Mark Weisburd

Vanderbilt Journal of Transnational Law

In response to recent violations of human rights, some within the international legal community have called not only for intervention but for the establishment of an international court with jurisdiction to hear claims against persons alleged to have committed those violations. This Article questions the premise that it is necessary, or even desirable, for the international legal community to mandate intervention in such circumstances.

First, the Article examines the authority for international intervention to forestall massive human rights violations. Using the recent examples including Kosovo and East Timor, the Author compares scholarly responses with respect to both the human rights …

Self-Determination: Chechnya, Kosovo, And East Timor, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

Hindsight always appears better than foresight. Hopefully, the reexamination of past events will provide lessons for the future. Recent media reports have analyzed the genocide in Rwanda and blamed France, the United States, and the UN Security Council for their failures to take steps that might have prevented or stopped the atrocities. Academic studies also argue how the atrocities in Chechnya, Kosovo, and East Timor may have been prevented or stopped by the United Nations or others in the international community. Such analyses are for international relations authorities and military experts. As an international lawyer, I am reluctant to tread …

The Atypical International Status Of The Holy See, Matthew N. Bathon

Vanderbilt Journal of Transnational Law

The Holy See, as personified by the Pope of the Roman Catholic Church, has acquired significant international status over the centuries. In modern times it has not always been clear whether this status arises from the Holy See's status as head of the Church or as ruler of the tiny State of Vatican City. Some view the Holy See's unique international status as an exception to the general rule that only states participate in international affairs. The Holy See has acquired such recognition and authority primarily because of its long-standing involvement in world affairs over the last thousand years. Others …

The Caspian Sea Legal Regime, Pipeline Diplomacy, And The Prospects For Iran's Isolation From The Oil And Gas Frenzy, Faraz Sanei

Vanderbilt Journal of Transnational Law

The signing of the "deal of the century" in Bahu creating one of the first major Caspian energy consortiums between Azerbaijan and western oil companies signaled the beginning of a new era in world energy politics. The discovery of potentially huge oil and gas reserves in the newly-independent states of Azerbaijan, Kazakhstan, and Turkmenistan opened the door for western oil companies rushing to gain a competitive foothold in the new energy market. For Asia and the West this discovery provides a golden opportunity to ensure market stability through diversification of energy export routes. For the United States and its political …

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Journal Articles

United States courts have only incomplete and uneven jurisdiction, most acquired piecemeal and only in recent years, to prosecute genocide, war crimes and crimes against humanity committed outside our borders. Recent developments in international law and practice-especially the heightened commitment of democracies including the United States to end impunity for atrocities, and the imminent prospect of a permanent International Criminal Court (ICC) with worldwide jurisdiction-suggest the need to expand and rationalize the jurisdiction of U.S. courts to make it coextensive with that of the ICC.

It now appears all but certain that the ICC will come into being in the …

Are Saudi Arabian Hospitals Prepared For The Threat Of Biological Weapons?, Manuel W. Mah, Ziad A. Memish

Saudi Medical Journal

The use of biological weapons has been recorded repeatedly in history. Until recently, biological terrorism had been little discussed or written about. However, events over the past 12 to 18 months have made it clear that likely perpetrators already envisage every possible scenario. Nations and dissident groups exist that have both the motivation and access to utilize biological weapons. In April 1994, a Russian biological weapons expert presented the conclusions of the Russian experts as to the agents most likely to be used: smallpox, anthrax, and plague. Health care workers in the Kingdom of Saudi Arabia (physicians, nurses, and emergency …

Manufacturing Security: Mass Media Coverage Of Depleted Uranium Weapon Use In Okinawa, Japan., Yoko Abe

Graduate Theses, Dissertations, and Problem Reports (ETD)

Despite the reversion of Okinawa to Japan in 1972, thirty-eight U.S. military bases still remain in the prefecture. While the local residents’ entreaties to end their suffering from the consequences of the U.S. military presence remain strong, the U.S. and Japanese governments have adopted measures to maintain the U.S. military foothold. This study examined the viewpoints of six claimsmakers to illustrate an overlooked political process in the perpetuation of the U.S. military presence. The research applied a content analysis of newspaper articles appearing in the Okinawa Times following the disclosure of the U.S. Marine Corps’ use of depleted uranium weapons. …

Like A Banana Tree : Towards A Model Of Children In Disasters : An Exploration Of An Anthropological Problem, Jennie Anne Ricarda Marten

Theses : Honours

There is currently an emerging literature on the anthropology of disasters, and also an emergent literature on the new anthropology of childhood and children. Despite an extensive search, no significant body of literature on the anthropology of children in natural event based disasters could be found. A central focus of this thesis will be interrogate this gap through a documentary search, to ascertain what factors might influence the absence of children in the anthropology of disasters. To achieve this, the study defines and conceptualizes both the anthropology of disasters and the anthropology of children. Recent research shows that children are …

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …

Leaves Of Maple: An Illinois State University Professor's Memoirs Of Seven Summers Teaching In Canadian Universities, 1972-1978, G. Louis Heath

Faculty Publications - College of Education

Contains seven chapters: McGill University, 1972; University of British Columbia, 1973; Dalhousie University, 1974; University of New Brunswick, 1975; University of Regina, 1976; Memorial University of Newfoundland, 1977; Lakehead University, 1978

Perceptions Of Work Ethic Among College Seniors., Patricia Nolen Pierson

LSU Historical Dissertations and Theses

Orientation and attitudes toward work are important issues in the workforce where fierce global competition and demands for increased productivity threaten virtually every business and industry. Managers and executives perceive an erosion of work ethic by America's young people and claim that today's college students have no realistic concept of "a day's work for a day's pay". The purpose of this study, therefore, was to determine the perceptions of work ethic among university seniors and further, to determine if differences in work ethic exist based on the variables gender, ethnic group, marital status, number of children, age, planned occupation, current …

The Russian Orthodox Church As A Symbol Of Right Order: A Voegelinian Analysis., Lee David Trepanier

LSU Historical Dissertations and Theses

I will use Eric Voegelin's "new science" of politics to examine whether the Russian Orthodox Church is a symbol of right order. By investigating symbols of order and disorder in Russia, we will be able to uncover the structures of consciousness of the Russian Orthodox Church leadership. The examination of the experiences of man's consciousness will in turn reveal whether he and his society are ordered correctly or incorrectly. The explanation of symbols of order and disorder and the experiences behind these symbols is presented thoroughly in the first chapter of this dissertation. The chapter will conclude with an explanation …

Neuropsychological Effects Of Acute Mustard Gas Exposure., James Bryon Pinkston

LSU Historical Dissertations and Theses

Introduction. Approximately 600 industrial workers reported exposure to sub-lethal levels of sulfur mustard gas and nitrogen mustard gas. A sample of 203 of these workers were administered standardized measures of perceptual, motor, intellectual, academic, attentional, memory, abstract reasoning, and psychological functioning, as well as level of effort during testing. Mean time from exposure to testing was 1.18(SD = .35) years. Males comprised 97.5% of the participants and 79.3% were Caucasian. Mean education was 11.67(SD = 1.73) years and mean age at exposure was 36.74( SD = 10.31) years. Method. Mustard gas exposure severity was defined by the presence of obvious …

Prayers For The Wild At Heart: Personal Essays, Michael Lewis Frizell

Graduate Theses/Dissertations

It is my contention that writers wll violate their own privacy, that is, reveal their innermost thoughts and dreams, when they are comfortable with the manner and context in which their privacy is broken. Thus, the vehicle for "crossing the line" is important. By discovering their "personal voice" through utilization of the narrative personal essay, writers will be able to break the fear of writing in a voice that reveals the essence of their souls. The personal essay is not a work of fiction. In this mode, writers are forced to self-reflect on their subject, accessing a mercurial memory, then …

Rural Low-Income Housing And Massachusetts Chapter 40b: A Perspective From The Zoning Board Of Appeals, Eric J. Gouvin

Western New England Law Review

No abstract provided.

Reading The Emotions Of Salome: Sympathy For The Devil Or Fear And Loathing, Diane Hoeveler

English Faculty Research and Publications

In October 1876 Gustave Flaubert was engaged in writing what would become perhaps his most well-known and successful piece of short fiction, "A Simple Heart." This narrative dissects the life of an innocent servant woman, ironically named Felicity, who rransfers her love and spiritual devotion from object to object until she finally settles, afrer life's many disappointments, on a stuffed and tattered parrot as the incarnation of her god of love. The horror of Flaubert's story can be located in his dark and cynical portrayal of love and spiritual devotion as a form of fetishism, a mad scramble for apparently …

The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash

Fordham Law Review

No abstract provided.

Adaptive Resource Management In Asynchronous Real-Time Distributed Systems Using Feedback Control Functions, B. Ravindran, T. Hegazy, Pushkin Kachroo

Electrical & Computer Engineering Faculty Research

Presents feedback control techniques for performing adaptive resource management in asynchronous real-time distributed systems. Such systems are characterized by significant execution time uncertainties in the application environment and system resource state. Thus, such systems require adaptive resource management that dynamically monitor the system for adherence to the desired real-time requirements and perform run-time adaptation of the application to changing workloads when unacceptable timeliness behavior is observed. We propose adaptive resource management techniques that are based on feedback control theory. The controllers solve resource allocation problems that arise during run-time adaptation using the classical proportional-integral-derivative (PID) control functions. We study the …

Terrorism In The News: A Constructionist Approach, Lisa Linn Sharp

UNLV Retrospective Theses & Dissertations

This thesis examines portrayals of terrorism in the New York Times during the 1990s. Using ethnographic content analysis, I analyze several dimensions of coverage including the emphasis given in articles to violence, the characterizations used to describe terrorists and their actions, the sources of information used in the reports, whether the cause of the terrorists are addressed, and the character of coverage for men and women terrorists. I argue that the portrayals focus on the most sensational and dramatic aspects of terrorism and authority's interpretations of the groups; they fail to provide readers an analysis of causes, contexts, and structural …

Clare Boothe Luce And The 1953--1954 Trieste Crisis, Jelena Velisavljevic

UNLV Retrospective Theses & Dissertations

My paper argues that Clare Boothe Luce, American ambassador to Italy, greatly influenced the Trieste crisis and negotiations of 1953--1954. Luce's understanding of the Cold War in terms of aggressive anti-Communism against the Soviet Union in general and against Yugoslavia in particular, determined her actions during the Trieste negotiations. As a very powerful woman in the Eisenhower administration, Luce managed to make her voice heard on the highest levels and to direct the settlement in ways she thought best for the United States and its ally Italy. Although forceful reports she sent to the State Department and the major policymakers …

Speaking The Unspeakable : Attempts At Communication In Tim O'Brien's Vietnam Postwar Fiction, Robin L. David

Theses and Dissertations

No abstract provided.

Cross-Cultural Gender Dynamics In Classroom Interaction: The Adult Esol Classroom., Dara Gay Shaw

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to investigate the impact of gender dynamics and culture on interaction in the adult ESOL, from the teachers', students', and observer's points of view. Using an ethnographic methodology, the researcher drew from class observations, videotaped segments of classroom interaction, teachers' self-evaluations of gender equity in instruction, and their responses to gender dynamics scenarios, student responses to classroom photographs, as well as student, teacher, and administrator interviews. Fifteen research questions were divided into three sections: Cross-cultural Context, Gender Dynamics and Classroom Interactions. The Cross-cultural Context research questions centered on the perceptions and expectations of the …

Material Cooperation And Catholic Institutions: An Inquiry Into Traditional Moral Principle And Its Meaning For Catholic Institutions Today, With Reference To Catholic Hospitals In Australia, Joseph C. Parkinson

Theses

This dissertation views the Principle of Legitimate Cooperation as a guiding norm for the activity of Catholic institutions in the world. It samples various expressions of the principle from the seventeenth century to the present day, noting the significance of the central terms ‘intrinsically evil acts’ and ‘sufficiently serious reason’, and suggests that while the principle traditionally applied to individual moral agents, it can also apply to institutions. Taking as starting-points the Second Vatican Council’s call for a renewal of moral theology and the Church’s post-conciliar view of itself as ‘Sacrament of Christ’, the dissertation sketches an essentially Christological and …

A Computational Study Of Mixing In Stratified Liquid-Liquid Flows Using Analogy Between Heat And Mass Transfer., Andrew Charles Burt

Graduate Theses, Dissertations, and Problem Reports (ETD)

Research is being conducted at West Virginia University (WVU) in collaboration with the Naval Surface Warfare Center Carderock Division (NSWCCD) and Johns Hopkins University (JHU) to study the mixing that occurs during the refueling of U.S. naval vessels. These vessels employ a series of tanks to both store fuel and to maintain the balance of the ship by taking on seawater as the fuel is consumed. Hence, these are referred to as Compensated Fuel/Ballast Tanks (CFBT). This study is applicable to naval destroyers such as the DDG 51 (Arleigh Burke) class. Previous work by Umbel and Wilson under the direction …

Nato Expansion: Benefits And Consequences, Jeffrey William Christiansen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

I Was Just Doin' My Duty: The Influence Of Social And Cultural Conceptions On American Participants In The Second World War, Margaret E. Williamson

Theses, Dissertations and Capstones

As the generation of Americans who fought World War II reached retirement age, a sense of nostalgia about their unforgettable days of fighting a common and undeniably evil enemy began to permeate American popular culture. This perception reinforced the concept of the Allies as the protectors of the world from tyrannical forces and leaders. Such an assessment of the conflict by Americans stemmed from the atrocities committed by Germans against Jews and other minorities. Furthermore, the unexpected attack on American territory by the Japanese justified the sacrifices made by millions of Americans. Nearly sixty years after the initiation of United …

Models, Algorithms, And Measurements For Underwater Acoustic Positioning, Harold Thomas Vincent Ii

Open Access Dissertations

Several problems in underwater acoustic position estimation are investigated within the context of their associated models, algorithms, and measurements. The first appendix provides a detailed discussion of these concepts and demonstrates the fact that simultaneous consideration of all three is necessary in order to properly address a particular position estimation problem. The particular problems addressed herein stem from the so-called long baseline underwater acoustic positioning method whose principle of operation is hyperbolic multilateration; a technique employed in the now common Global Positioning System and its predecessor systems such as Long Range Navigation (LORAN), Decca and Omega. Although motivated by this …

Language And Power In A Louisiana Murder Trial: Discourse Features In Witness Testimony., Kara Lynn Gibson

LSU Historical Dissertations and Theses

The literature concerning language, law, and power has traditionally focused on the linguistic strategies legal professionals employ for the purpose of controlling the speech of their clients and/or witnesses. However, newer research, stemming from gender-based theories of how power and/or powerlessness is manifest in language, promotes linguistic analyses from the perspective of the disempowered as opposed to the empowered, Such studies claim that speakers' election or avoidance of certain discourse features (e.g., hedges, hypercorrect forms, polite address forms, overlap, quotatives and gestures, etc.) and responses-types (e.g., declarative-context questions, copy responses, fragmented versus narrative responses, etc.) reflects their perceived power as …