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2004

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Julius Rosenberg And The Ethics Of The Old Left, Richard Schuldenfrei Jan 2004

Julius Rosenberg And The Ethics Of The Old Left, Richard Schuldenfrei

Philosophy Faculty Works

No abstract provided.

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On The Construction Of Gender, Sex, And Sexualities, Jeanne Marecek, M. Crawford, D. Popp Jan 2004

On The Construction Of Gender, Sex, And Sexualities, Jeanne Marecek, M. Crawford, D. Popp

Psychology Faculty Works

No abstract provided.

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The Once And Future Queen: Examining The Importance Of Feminist Readings Of Wace's Roman De Brut, Susan Dressel Jan 2004

The Once And Future Queen: Examining The Importance Of Feminist Readings Of Wace's Roman De Brut, Susan Dressel

HIM 1990-2015

Few scholars seem to think of the twelfth century as an era during which the humanitarian leaps and bounds made in regards to women are exemplary and inspiring. The strictures of the Catholic Church dominated the feudalistic society, and women were encouraged to be chaste, silent and obedient. However, it was during this century that Eleanor of Aquitaine was born. An exemplary ruler, she also was a patron of the arts, and Master Wace, a writer and translator of Arthurian legend, dedicated his Roman de Brut to her. As a queen with revolutionary ideas about female agency, Eleanor's patronage provided …

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Constitutional Courage, Harry W. Arthurs Jan 2004

Constitutional Courage, Harry W. Arthurs

Articles & Book Chapters

In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"-the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and political problems. Professor Arthurs first lays out why our current obsession with the constitution is problematic. He insists that we do not even know what the supposed "supreme law of Canada" actually is, what it says, or even what it does. Moreover, instead of transforming society, the current "cult of constitutionalism" has only served to transform legal practice and scholarship. ei then surmises …

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Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro Jan 2004

Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro

Vanderbilt Journal of Transnational Law

Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …

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The Use Of Force And (The State Of) Necessity, Andreas Laursen Jan 2004

The Use Of Force And (The State Of) Necessity, Andreas Laursen

Vanderbilt Journal of Transnational Law

At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …

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The Lives Of Animals, The Lives Of Prisoners, And The Revelations Of Abu Ghraib, Charles H. Brower, Ii Jan 2004

The Lives Of Animals, The Lives Of Prisoners, And The Revelations Of Abu Ghraib, Charles H. Brower, Ii

Vanderbilt Journal of Transnational Law

In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …

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Syncretic Iconography By Native Americans Of Montana And Early Catholic Missionaries, Michael J. Mcginley Jan 2004

Syncretic Iconography By Native Americans Of Montana And Early Catholic Missionaries, Michael J. Mcginley

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Thunder Over The North| Air-To-Air Combat Over North Vietnam, Benjamin B. Donnelly Jan 2004

Thunder Over The North| Air-To-Air Combat Over North Vietnam, Benjamin B. Donnelly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Book Review [Gulag: A History], Santa Clara Law Review Jan 2004

Book Review [Gulag: A History], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

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New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood Jan 2004

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

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State Of Utah V. Reber, Atkins, And Thunehorst : Unknown, Utah Court Of Appeals Jan 2004

State Of Utah V. Reber, Atkins, And Thunehorst : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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War And State Formation: A Mennonite Critique, Sandra F. Joireman Jan 2004

War And State Formation: A Mennonite Critique, Sandra F. Joireman

Political Science Faculty Publications

This paper is an attempt to tackle the theory of war as a tool of state formation. Though I use the tools of my discipline to refute the theory in its contemporary manifestation, the paper is motivated by a theological belief regarding the sinfulness and depravity of war. I begin the paper by thoroughly exploring the benefits of strong states from a comparative historical perspective, since this has been critical to the theory's revival. Then I will discuss the theory that war makes strong states, looking first at the work of Charles Tilly, the best-known theorist in the area of …

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Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff Jan 2004

Vulcan Historical Review 8 (Complete Issue), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.

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Faith-Science Issues: An Epistomological Perspective, E. Edward Zinke Jan 2004

Faith-Science Issues: An Epistomological Perspective, E. Edward Zinke

Journal of the Adventist Theological Society

No abstract provided.

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Invariant Hypothesis Testing With Applications In Signal Processing, Joseph R. Gabriel Jan 2004

Invariant Hypothesis Testing With Applications In Signal Processing, Joseph R. Gabriel

Open Access Dissertations

Statistical hypothesis testing has application in many areas of signal processing such as signal detection, classification, wireless communications, and image processing. The applications usually have unknown parameters which result in hypothesis testing problems that are composite, and for which an optimal test, such as a uniformly most powerful or minimum probability of error test, may not exist. The problem addressed by this dissertation, is to apply the Neyman-Pearson theory of hypothesis testing, in which tests are derived as solutions of a stated optimum problem, to signal processing applications. In composite hypothesis testing applications, the problem itself may be invariant, in …

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The Jose Padilla Story, Donna R. Newman Jan 2004

The Jose Padilla Story, Donna R. Newman

NYLS Law Review

No abstract provided.

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Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo Jan 2004

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

University of Michigan Journal of Law Reform

Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …

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Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner Jan 2004

Toward A Criminal Law For Cyberspace: Distributed Security, Susan W. Brenner

School of Law Faculty Publications

Cybercrime creates unique challenges for the reactive model of crime control that has been predominant for approximately the last century and a half. That model makes certain assumptions about crime, which derive from characteristics of real-world crime. These assumptions do not hold for cybercrime, so the reactive model is not an appropriate means of dealing with online crime. The article explains how modified principles of criminal law can be utilized to implement a new, non-reactive model which can deal effectively with cybercrime. This model of distributed security emphasizes prevention, rather than reaction, which is achieved by holding citizens liable for …

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Ojibway Women In Transition : The Influence Of The Church On The Traditional Roles Of Objibway Women And Its Effects On Ojibway Society, Anastasia Bowe Jan 2004

Ojibway Women In Transition : The Influence Of The Church On The Traditional Roles Of Objibway Women And Its Effects On Ojibway Society, Anastasia Bowe

Theses and Dissertations

No abstract provided.

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Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly Jan 2004

Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly

Fordham International Law Journal

As the U.S. government's reach and responsibilities expand, it remains unclear exactly what, if any, input the general populations of Afghanistan, Iraq, or the United States have on government actions. The environmental needs of the two States have concerned the world enough that the United Nations Environment Program ("UNEP") has published a detailed post-conflict report on Afghanistan ("Afghanistan PCA") and a "Desk Study" of the environment in Iraq ("Iraq Desk Study"). There are four basic ways that citizens can attempt either to enjoin U.S. government environmental action abroad or compel the government to adhere to established regulations and agreements: (1) …

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War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs Jan 2004

War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs

Fordham International Law Journal

Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …

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Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport Jan 2004

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

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Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion Jan 2004

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

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Prince Vladimir And Russia's Conversion To Christianity : Cultural And Economic Connections Between Kiev And Constantinople, Jennie Weber Jan 2004

Prince Vladimir And Russia's Conversion To Christianity : Cultural And Economic Connections Between Kiev And Constantinople, Jennie Weber

Theses and Dissertations

No abstract provided.

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A Contemporary Geography Of Southeastern North Dakota's Manufacturing Success, James A. Rush Jan 2004

A Contemporary Geography Of Southeastern North Dakota's Manufacturing Success, James A. Rush

Theses and Dissertations

No abstract provided.

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Metaphors: Narratives, Metaphors, And Negotiation, Jayne Seminare Docherty Jan 2004

Metaphors: Narratives, Metaphors, And Negotiation, Jayne Seminare Docherty

Marquette Law Review

No abstract provided.

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Vol. 33, No. 1: Full Issue, Denver Journal Of International Law & Policy Jan 2004

Vol. 33, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

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The Unusual Suspects: Unscrambling Satellite Piracy, David V. Lampman Ii Jan 2004

The Unusual Suspects: Unscrambling Satellite Piracy, David V. Lampman Ii

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan Jan 2004

"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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