Digital Commons Network^™

Law's Constitution: A Relational Critique, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

It is a simple fact: we begin from others. Without others we, quite literally, could not live, feel, be born. Every mother, every mother's partner, every father, every child, knows this. But law sees these relations as something lesser, as foreign. Mention the word "relationship" to the average lawyer and she will likely assume that you are talking about sex, dating, or perhaps marriage. She may even wonder what "relationship" has to do with the law at all.

In this paper, the author wonders whether it is possible to flip that equation, to think of the relational as central, rather …

Ordered Liberty And The Homeland Security Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …

Validity And Application Of The Religious Freedom Restoration Act In The Tenth Circuit After City Of Boerne V. Flores, Kathryn S. Kanda

Denver Law Review

No abstract provided.

Cooperation Within Anarchy: A Case Study Of The Success Of Commercial Banking During The Lebanese Civil War, Mona Kalash

University Avenue Undergraduate Journal of Economics

This paper analyses the success of the Lebanese banking system during the Lebanese civil war, which lasted from 1975 until 1989. As the rest of the economy plunged into recession due to intense warfare and governmental collapse, the bankers and their clients continued to cooperate across battle lines in the loaning business. The argument of the paper is that the linkage of social and economic games and the importance of reputation in business created incentives for bankers and businessmen to cooperate in the Prisoner’s Dilemma game of lending and borrowing. I challenge the theoretical perspective that cooperation is not possible …

Postmaterialism In Colombia, Gretchen Grabowski '03

Res Publica - Journal of Undergraduate Research

Colombia has spent decades "under a state of siege" (Amnesty International 5). This fact has become so apparent in their daily lives that the majority of Colombians manage to grow accustomed to social and political instability. Despite the lack of security, therefore, they lessened the emphasis placed on materialistic goods and allowed for the development of potmaterialistic values. According to political scientist Ronald Inglehart, the postmaterialistic state is one in which "a growing emphasis on the quality of life and self-expression is accompanied by a declining emphasis on traditional political, religious, moral and social norms" (Inglehart 66). With this in …

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Challenge Of Absent Presence, Kenneth J. Gergen

Psychology Faculty Works

“Let your home know where your heart is.” (Billboard advertisement for cellular phone) The setting is a retirement home for the elderly. Wilfred enters the veranda in search of two close friends. He is in luck, they are both present. But alas, one is lost to her Walkman and the other is engrossed in his book. Neither notices Wilfred's presence. Frustrated, Wilfred is left to stare silently into space. Such is the beginning of Ronald Harwood's London play, Quartet. Young or old, we instantly identify with the scene. How often do we enter a room to find family, friends or …

Symposium On Bjørn Lomborg's The Skeptical Environmentalist: Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Case Western Reserve Law Review

No abstract provided.

Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson

Michigan Journal of International Law

In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether the …

Effects Of Heat Treatment On Microstructure And Mechanical Properties Of A Near-A Titanium Alloy, Jose C. Arteiro

Open Access Master's Theses

This thesis is concerned with the effect of heat treatment on the microstructure of the near-a titanium alloy IMI 834. Furthermore, it investigates the crack growth rate behavior in two microstructures of this alloy differing in their primary alpha ( ap) volume fractions. IMI 834 is an aerospace high temperature material that possesses the highest creep resistance of duplex near-alpha alloys at temperatures up to 650°C. A series of heat treatment experiments are carried out to examine the influence of recrystalization temperature, cooling rate, aging time and over-aging time, on the volume fractions of the primary alpha as well as …

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Book Review [The World Court In Action: Judging Among The Nations], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Legal And Policy Implications For A New Era: The "War On Terror", Jeffrey F. Addicott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Judicial Personality: Rhetoric And Emotion In Supreme Court Opinions, Laura Krugman Ray

Washington and Lee Law Review

No abstract provided.

New Worlds For All: Indians, Europeans, And The Remaking Of Early America, Allie Hanna

Vulcan Historical Review

pp. 74-76

Saved By Scarcity?, V.B. Price

Natural Resources Journal

No abstract provided.

The Destruction Of Trees In The Moabite Campaign Of 2 Kings 3:4-27: A Study In The Laws Of Warfare, Michael G. Hasel

Andrews University Seminary Studies (AUSS)

No abstract provided.

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Hofstra Law Review

No abstract provided.

Industrial Flesh: Paul Virilio's Strategy Of Deception, A Landscape Of Events, And The Information Bomb, Davin Heckman

Reconstruction: Studies in Contemporary Culture

Davin Heckman reviews Paul Virilio's A Landscape of Events (2001), Strategy of Deception (2000) and The Information Bomb (2001).

Locating Moral Responsibility For War Crimes : The New Justiciability Of 'System Criminality' And Its Implications For The Development Of An International Polity, Samantha Jane King

School of Law, Humanities and Social Sciences Theses

This thesis examines the question of international responses to system criminality. It argues that the assignation of moral responsibility, expressed in the act of prosecuting individuals, expresses a fundamental conceptual shift towards an international polity. Although political rhetoric, the media and international legislation express the moral dimension of system criminality, the character of humanitarian law and the contingency of its operation is the most concrete indicator of such a development. The status of an embryonic international polity becomes particularly evident- with `individual responsibility' being a criminally liable offence, as set against `collective responsibility' which entails `civil', (non-penal) liabilities. However, the …

Transitional Justice In A New Era, Ruti G. Teitel

Fordham International Law Journal

This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …

9/11: Usa And Uk, Philip A. Thomas

Fordham International Law Journal

This Article is based on the inviolability of the legal principles underlying rule of law and explores the ways in which various governments have responded. In addition, it considers the importance of the legislative processes, recognizing that the failure to honor them leaves open the door to executive exploitation and the misuse of power. It also reflects on the efficiency of anti-terrorist legislation. Does this legislation stop, deter or punish criminals; is it "comfort legislation" directed towards producing and maintaining public confidence; or is it counter-productive through the alienation of innocent victims and ethnic, religious and immigrant groups?

World War I: The War To End All Wars And The Birth Of A Handicapped International Criminal Justice System, M. Cherif Bassiouni

Denver Journal of International Law & Policy

No abstract provided.

The 2002 Johannesburg World Summit On Sustainable Development: International Environmental Law Collides With Reality, Turning Jo'burg Unto Joke'burg, George Pring

Denver Journal of International Law & Policy

No abstract provided.

Vol. 30, No. 3: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Grave New World Of Terrorism: A Lawyer's View, James A. R. Nafziger

Denver Journal of International Law & Policy

No abstract provided.

Vol. 31, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

On Justice And War: Contradictions In The Proposed Military Tribunals, George P. Fletcher

Faculty Scholarship

The autumn of our anguish has passed, and we are still confused about how to describe the use of military force in Afghanistan. We are torn between using the language of justice and the language of war. Is this an attack by private individuals, a case of a single terrorist writ large? If the mass killings of September 11 are the crimes of individuals – Islamic fundamentalist versions of Timothy McVeigh – then we can think about arresting them and bringing them to "justice." The mantra of the Bush team, "bringing justice to them and them to justice," has seeped …

Mating In The Bushes| A Study Of Sexual Aggression And Desire In Shakespeare's Comedy, Janaira Paige Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.