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2005

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Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein Jan 2005

Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Sustainable Development Law & Policy

No abstract provided.


The Role Of Ngos In Addressing Water Access In Israel And The Palestinian Authority, Jonah Schein Jan 2005

The Role Of Ngos In Addressing Water Access In Israel And The Palestinian Authority, Jonah Schein

Sustainable Development Law & Policy

No abstract provided.


Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak Jan 2005

Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak

Sustainable Development Law & Policy

No abstract provided.


A Personal Account: Initiating The Mcnutt Water Project In Saboba, Ghana, Ross Weber Jan 2005

A Personal Account: Initiating The Mcnutt Water Project In Saboba, Ghana, Ross Weber

Sustainable Development Law & Policy

No abstract provided.


Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch Jan 2005

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.


Focus On Au: Institutional Response To The D.C. Lead Water Controversy, Molly Frank-Meltzer Jan 2005

Focus On Au: Institutional Response To The D.C. Lead Water Controversy, Molly Frank-Meltzer

Sustainable Development Law & Policy

No abstract provided.


"Racially-Tailored" Medicine Unraveled, Sharona Hoffman Jan 2005

"Racially-Tailored" Medicine Unraveled, Sharona Hoffman

American University Law Review

In June 2005, the FDA approved BiDil, a heart failure medication that is labeled for use only by African-Americans and thus is the first treatment of its kind. The drug likely portends a future of growing interest in "race-based" medicine. This phenomenon is emerging at the same time that scientists, in light of the Human Genome Project, are reaching an understanding that "race" has no biological meaning, and consequently, "racially-tailored" medicine is both puzzling and troubling. This Article explores the reasons for the new focus on "racial-profiling" in medicine. It analyzes the risks and dangers of this approach, including medical …


Targeting Legal Advice, Peter J. Henning Jan 2005

Targeting Legal Advice, Peter J. Henning

American University Law Review

No abstract provided.


Power, Authority And International Investment Law , Tai-Heng Cheng Jan 2005

Power, Authority And International Investment Law , Tai-Heng Cheng

American University International Law Review

No abstract provided.


Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May Jan 2005

Lori Berenson V. Peru: An Analysis Of Selected Holdings By The Inter-American Court Of Human Rights, Joseph May

American University International Law Review

No abstract provided.


The State Of Investor-State Arbitration-Some Reflections On Professor Brower's Plea For Sensible Principles, Jack J. Coe Jr. Jan 2005

The State Of Investor-State Arbitration-Some Reflections On Professor Brower's Plea For Sensible Principles, Jack J. Coe Jr.

American University International Law Review

No abstract provided.


Misinterpreting The Prohibition Of Torture Under International Law: The Office Of Legal Counsel Memorandum, Louis-Philippe F. Rouillard Jan 2005

Misinterpreting The Prohibition Of Torture Under International Law: The Office Of Legal Counsel Memorandum, Louis-Philippe F. Rouillard

American University International Law Review

No abstract provided.


Battle Of The Beef, The Rematch: An Evaluation Of The Latest E.C. Directive Banning Beef Produced With Growth Hormones And The U.S. Refusal To Accept The Directive As Wto Compliant, Darrel Chichester Jan 2005

Battle Of The Beef, The Rematch: An Evaluation Of The Latest E.C. Directive Banning Beef Produced With Growth Hormones And The U.S. Refusal To Accept The Directive As Wto Compliant, Darrel Chichester

American University International Law Review

No abstract provided.


Examining The Use Of Evidence Obtained Under Torture: The Case Of The British Detainees May Test The Resolve Of The European Convention In The Era Of Terrorism , Brandie Gasper Jan 2005

Examining The Use Of Evidence Obtained Under Torture: The Case Of The British Detainees May Test The Resolve Of The European Convention In The Era Of Terrorism , Brandie Gasper

American University International Law Review

No abstract provided.


Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai Jan 2005

Operation Murambatsvina: A Crime Against Humanity Under The Rome Statute? , Jeff Nicolai

American University International Law Review

No abstract provided.


Multiple Identities, Citizenship Rights And Democratization In Africa, 'Lai Olurode Jan 2005

Multiple Identities, Citizenship Rights And Democratization In Africa, 'Lai Olurode

Ethnic Studies Review

This particularistic and exclusionary form of identity politics has intensified in recent years within and among nations..... It is responsible for some of the most egregious violations of international humanitarian law and, in several instances, of elementary standards of humanity.... Negative forms of identity politics are a potent and potentially explosive force. Great care must be taken to recognise, confront and restrain them lest they destroy the potential for peace and progress that the new era holds in store (Kofi Annan, The Guardian, (Nigeria) 1997:8).


[Review Of] Rámon Grosfoguel. Colonial Subject: Puerto Ricans In Global Perspective, Enilda Arbona Delgado Jan 2005

[Review Of] Rámon Grosfoguel. Colonial Subject: Puerto Ricans In Global Perspective, Enilda Arbona Delgado

Ethnic Studies Review

Merging world-systems and postcolonial analyses, Grosfoguel presents an insightful look at Puerto Rico's colonial status and its consequences on the Puerto Rican migration experience while comparing these experiences to those of other Caribbean migrants. While asserting that "world-system theorists have difficulties theorizing culture, whereas postcolonial theorists have difficulties conceptualizing political-economic processes" (13), Grosfoguel challenges scholars of the modern world-system to move from paradigms of earlier centuries and go outside their disciplines in order to reduce the risk of reductionism. The analysis is grounded on "Bourdieu's concept of "symbolic capital" and Quijano's notion of "coloniality of power [to] redress these limitations" …


[Review Of] David Mason, Ed. Explaining Ethnic Differences: Changing Patterns Of Disadvantage In Britain, William L. Miller Jan 2005

[Review Of] David Mason, Ed. Explaining Ethnic Differences: Changing Patterns Of Disadvantage In Britain, William L. Miller

Ethnic Studies Review

A series of "communal disturbances" took place in several north of England towns during the spring and summer of 2001. They were "notable" for the participation of young, male Asians, "a significant proportion of them Muslims...as against African-Caribbeans"(21).


An Unfulfilled Promise Of The Medicaid Act: Enforcing Medicaid Recipients' Right To Health Care, Frederick H. Cohen Jan 2005

An Unfulfilled Promise Of The Medicaid Act: Enforcing Medicaid Recipients' Right To Health Care, Frederick H. Cohen

Loyola Consumer Law Review

No abstract provided.


Are We Getting Our Money's Worth? - Charity Care, Community Benefits, And Tax Exemption At Nonprofit Hospitals, Jack Hanson Jan 2005

Are We Getting Our Money's Worth? - Charity Care, Community Benefits, And Tax Exemption At Nonprofit Hospitals, Jack Hanson

Loyola Consumer Law Review

No abstract provided.


Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner Jan 2005

Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner

Loyola Consumer Law Review

No abstract provided.


The Home Ownership And Equity Protection Act Of 1994: Extending Liability For Predatory Subprime Loans To Secondary Mortgage Market Participants, Lisa Keyfetz Jan 2005

The Home Ownership And Equity Protection Act Of 1994: Extending Liability For Predatory Subprime Loans To Secondary Mortgage Market Participants, Lisa Keyfetz

Loyola Consumer Law Review

No abstract provided.


Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs Jan 2005

Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs

UC Law Journal

Early Law and Economics advocates asserted that antidiscrimination laws were wasteful and unnecessary. This Article argues that that flawed conclusion resulted in a disregard, especially among African-American political and intellectual leaders, for economic analysis as a means of understanding racial phenomenon. The lack of economic analysis of race in market transactions is of great concern. Disparities in education, housing and employment have been intractable, Suggs argues, because racial disparities in business revenues dwarf those income disparities. To solve these disparities, however, requires not regulations but market incentives. Devising market interventions requires a sophisticated understanding of the way race affects market …


U.S. Officials' Vulnerability To "Global Justice": Will Universal Jurisdiction Over War Crimes Make Traveling For Pleasure Less Pleasurable?, Amanda L. Morgan Jan 2005

U.S. Officials' Vulnerability To "Global Justice": Will Universal Jurisdiction Over War Crimes Make Traveling For Pleasure Less Pleasurable?, Amanda L. Morgan

UC Law Journal

Following the release of disturbing photographs from Abu Ghraib, the Center for Constitutional Rights (CCR) filed a criminal complaint in Germany against high-ranking U.S. political and military leaders, under a law that gives German courts universal jurisdiction over war crimes and crimes against humanity. This law enables Germany to prosecute perpetrators of these crimes, regardless of where the crime occurred, or whether the perpetrators or victims have any connection to the German forum. The CCR had viewed the German court as the court of last resort based on the documented unwillingness of the U.S. government to investigate involvement of all …


The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Robert Paul Wolff, Tobias Barrington Wolff Jan 2005

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Robert Paul Wolff, Tobias Barrington Wolff

UC Law Journal

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of "merit" proclaims that highachieving applicants -those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future-enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, "entitles" an applicant to a superior education. This moral framework of "merit" serves as a constant counterpoint in debates over affirmative action. It provides the first rejoinder to any suggestion that …


Technocracy And Democracy: Conflicts Between Models And Participation In Environmental Law And Planning, James D. Fine, Dave Owen Jan 2005

Technocracy And Democracy: Conflicts Between Models And Participation In Environmental Law And Planning, James D. Fine, Dave Owen

UC Law Journal

Our environmental laws create an unfortunate paradox. They mandate science-based planning, and that mandate often translates into a practical or legal requirement to use complex simulation models. These laws also contain provisions for public participation. When agencies engage in technical decisionmaking, however, and particularly when they use complex yet uncertain models, the reasoning and risks underpinning decisions becomes difficult for public participants to understand and critique. As a result, legal mandates for science-based and participatory planning come into conflict. This conflict is inherent in many environmental statutes, and is acute in the State Implementation Plan (SIP) process required by the …


A Human Rights Challenge: Advancing Economic, Social And Cultural Rights, Mary Robinson Jan 2005

A Human Rights Challenge: Advancing Economic, Social And Cultural Rights, Mary Robinson

UC Law Journal

To address the underlying and unresolved human problems of injustice and despair, the Lecture argues that Americans must take the international human rights agenda seriously in the United States and around the world. The lack of significant progress to date in addressing the most pressing human rights challenges has been due in large part to the failure to confront them as problems of injustice instead of seeing them simply as problems of inadequate resources or lack of political will. While in the United States and Europe the focus since 9/11 has been on state security and combating acts of terrorism, …


Harry Blackmun, Independence And Path Dependence, Linda Greenhouse Jan 2005

Harry Blackmun, Independence And Path Dependence, Linda Greenhouse

UC Law Journal

United States Supreme Court Justice Harry A. Blackmun was profoundly affected by reactions to his opinion in Roe v. Wade. This Lecture argues that Justice Blackmun came to identify with that decision in an intensely personal way that shaped his future jurisprudence. In defending and embracing his legacy as author of Roe v. Wade, Justice Blackmun created his legacy.

Borrowing the concept of "path dependence" from the sciences- which, reduced to its core, asserts that eventual outcomes depend on initial conditions-this Lecture explores how writing Roe v. Wade and being personally identified with it impacted Justice Blackmun's career. In particular, …


Jesus Crucified And Gentle Mary, Denis Vincent Wiseman Jan 2005

Jesus Crucified And Gentle Mary, Denis Vincent Wiseman

Marian Library Studies

No abstract provided.


The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale Jan 2005

The Many Faces Of Overcriminalization: From Morals And Mattress Tags To Overfederalization, Sara Sun Beale

American University Law Review

No abstract provided.