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2004

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Articles 1561 - 1590 of 2229

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Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell Jan 2004

Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell

Loyola University Chicago International Law Review

No abstract provided.


When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker Jan 2004

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.


Cross Burning Revisited: What The Supreme Court Should Have Done In Virginia V. Black And Why It Didn’T, W. Wat Hopkins Jan 2004

Cross Burning Revisited: What The Supreme Court Should Have Done In Virginia V. Black And Why It Didn’T, W. Wat Hopkins

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States, in R.A. V. v. St. Paul, created a complicated framework of law that, despite years of case law to the contrary, would allow a court to hold a law banning cross burning to be constitutional, even if the law was not content-neutral. The ruling caused considerable problems in cases involving cross burning that reached lower appellate courts. In Virginia v. Black, the Court had the opportunity to resolve the problem, but refused to do so. Instead, the Court restructured the law related to intimidating and threatening speech, creating even more ambiguity. Under the …


Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova Jan 2004

Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova

ILSA Journal of International & Comparative Law

On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.


The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne Jan 2004

The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne

ILSA Journal of International & Comparative Law

The Caribbean Single Market and Economy (CMSE) is a work in progress.


Address To The American International Law Association, Tal Becker Jan 2004

Address To The American International Law Association, Tal Becker

ILSA Journal of International & Comparative Law

It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.


Education For A Diverse America: A Summit And Symposium Presidents' Summit, George C. Wright Jan 2004

Education For A Diverse America: A Summit And Symposium Presidents' Summit, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.


Graduate Catalog - The School Year 2003-2004, Prairie View A&M University Jan 2004

Graduate Catalog - The School Year 2003-2004, Prairie View A&M University

Graduate Catalog

No abstract provided.


Federalism And Drug Control, Michael M. O'Hear Jan 2004

Federalism And Drug Control, Michael M. O'Hear

Faculty Publications

No abstract provided.


Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather Jan 2004

Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather

Faculty Publications

The standard justification for the general prohibition against the evaluation of facts by appellate courts centers on those courts' perceived incompetence, relative to trial-level fact finders, to engage in the task. This Article examines that justification and finds it wanting. While trial courts and juries are indeed better-positioned to assess much of what takes place at trial, this advantage is not universal. An appellate court's access to and reliance on a transcript of the proceedings below confers on it certain advantages not only because it aids in information retention, but also because its textual basis allows the court to perform …


Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear Jan 2004

Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear

Faculty Publications

No abstract provided.


Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman Jan 2004

Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman

Faculty Publications

American Indian tribes would appear to be natural constituents and beneficiaries of the multiculturalism movement. Their members are generally conceptualized as racial or ethnic minorities; they have endured social and legal oppression and continue to encounter structural and even intentional discrimination; and, not least importantly, they possess genuinely different cultures and consequently add diverse perspectives to society. Despite this apparent fit, this Article questions the extent to which tribes and tribal members actually should align themselves with multicultural proponents and initiatives. The basis for this inquiry is that, unlike other societal subgroups, each recognized tribe is a distinct geopolitical entity …


International Legal Updates, Sara Ibrahim, Patricia Staible, Meghan Stewart Jan 2004

International Legal Updates, Sara Ibrahim, Patricia Staible, Meghan Stewart

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Tejal Jesrani Jan 2004

Updates From The International Criminal Courts, Tejal Jesrani

Human Rights Brief

No abstract provided.


Rule Of Law Prevails In The Case Of Amina Lawal, Hauwa Ibrahim Jan 2004

Rule Of Law Prevails In The Case Of Amina Lawal, Hauwa Ibrahim

Human Rights Brief

No abstract provided.


The Implementation Of Constitutional Human Rights In Afghanistan, Mir Hermatullah Sadat Jan 2004

The Implementation Of Constitutional Human Rights In Afghanistan, Mir Hermatullah Sadat

Human Rights Brief

No abstract provided.


Center News, Human Rights Brief Jan 2004

Center News, Human Rights Brief

Human Rights Brief

No abstract provided.


Ngo Update, Lauren Bartlett Jan 2004

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.


Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck Jan 2004

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck

Faculty Publications

The University of Missouri (“MU”) sits in the picturesque college town of Columbia on the largest and oldest campus of the Missouri University system. MU is a land grant institution created with funds and land appropriated by the Morrill Acts of 1862 and 1890. The University “honors [that public trust] and accepts the associated accountability” by acquiring, creating, transmitting, and preserving knowledge. “MU's primary mission in research and doctoral education . . . provides the basis for service to the people of [Missouri] via outreach programs.” Domestic violence impacts MU's land grant influenced service mission. Its organizational departments, educational units, …


Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati Jan 2004

Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati

Faculty Articles

Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more bureaucratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This Article identifies the kind of racial minorities or racial types who are …


Criminal Law - The Fourth Amendment Dilemma, Jenny Lynn Craig Jan 2004

Criminal Law - The Fourth Amendment Dilemma, Jenny Lynn Craig

Wyoming Law Review

No abstract provided.


Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts Jan 2004

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny Roberts

Fordham Urban Law Journal

Unlike rules governing discovery in civil cases, which require that the two sides exchange most information about their respective cases, criminal discovery result in a much more limited flow of information. Many commentators, for many years, have called for the liberalization of criminal discovery statutes and rules. Indeed, some states have heeded the call. But about a dozen states follow the highly restrictive federal rule, which is premised in part on the idea that a defendant should not be entitled to witness names or statements for pretrial investigation, but rather only for cross-examination purposes should the case ever get to …


Medicate-To-Execute: Current Trends In Death Penalty Jurisprudence And The Perils Of Dual Loyalty, Daniel S. Shaivitz Jan 2004

Medicate-To-Execute: Current Trends In Death Penalty Jurisprudence And The Perils Of Dual Loyalty, Daniel S. Shaivitz

Journal of Health Care Law and Policy

No abstract provided.


Table Of Contents Jan 2004

Table Of Contents

Journal of Health Care Law and Policy

No abstract provided.


New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright Jan 2004

New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright

Journal of Health Care Law and Policy

No abstract provided.


Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs Jan 2004

Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs

Cleveland State Law Review

This Note argues that an erection under these circumstances does not indicate consent to engage in sexual activity. Part II of this Note explores the reality of male sexual assault and offers various medical, psychological, sociological, and cultural reasons to explain why a male victim may maintain an erection while being sexually assaulted and/or raped. Part II also explores the complex relationship between physical arousal and sexual desire. Part III provides a legal background to both the law's treatment of male sexual assault generally and in specific instances where the male victim maintained an erection during his assault. This part …


Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow Jan 2004

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …


Overbreadth Outside The First Amendment, John F. Decker Jan 2004

Overbreadth Outside The First Amendment, John F. Decker

New Mexico Law Review

No abstract provided.


The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch Jan 2004

The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch

Fordham International Law Journal

This Article highlights some of the key features of the ICC, and concludes by outlining the support it will need in striving to create a world in which devastating actions are properly addressed and punished. Part I of this Note describes the history of the ICC. Part II discusses the crimes within the Court's jurisdiction. Part III further discusses jurisdiction. Part IV reviews the procedure of the court. Part V concerns the current status of the Court.


Universal Jurisdiction In Abstentia, Ryan Rabinovitch Jan 2004

Universal Jurisdiction In Abstentia, Ryan Rabinovitch

Fordham International Law Journal

The purpose of this Article is to provide some clarification of universal jurisdiction in absentia. It begins with a brief overview of the state of international law on the issue, centering on the decision of the minority judges who treated it in the Arrest Warrant decision, and discuss the applicable principles of international law, international treaties, and custom. It then briefly examines whether allowing States to exercise universal jurisdiction in absentia is consistent with the historical and philosophical justifications for the existence of universal jurisdiction generally. The final section of the Article discusses the policy implications of such an exercise.