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2005

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Nationalizing International Criminal Law, Jenia I. Turner Jan 2005

Nationalizing International Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

International law scholars often assume that the best way to enforce human rights is by establishing strong international institutions that develop the law progressively and enforce it independently. Political realists counter that such institutions are only as useful as powerful states permit them to be, and discourage expansive visions of their mandate. Partisans of the recently created International Criminal Court (ICC) must come to terms with the realist challenge. They must work to adapt the institution accordingly, without abandoning hope for the project altogether. Although the ICC will be constrained by the state support it commands, it can make a …


Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School Jan 2005

Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School

Annual Report

No abstract provided.


Why Is Betamax An Anachronism In The Digital Age?, Jiarui Liu Jan 2005

Why Is Betamax An Anachronism In The Digital Age?, Jiarui Liu

Vanderbilt Journal of Entertainment & Technology Law

This Article aims to examine whether, as some courts indicate, the Sony doctrine is largely irrelevant in cyberspace. If the answer is no, how should courts properly apply the Sony doctrine to protect copyright holders' legitimate interests and further the innovation and prosperity of Internet technologies? This Article argues that the Sony doctrine should be given the widest application possible and not be subject to any preconceived formula. In the digital age, the test of "capable of substantial noninfringing uses" is still well suited to advance the ultimate objective of copyright law contemplated by the Supreme Court as well as …


Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc.: The Rise Of Stadium Seating In Movie Theaters And The Disabled's Fight For A Comparable Seat In The House, John Hammerle Jan 2005

Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc.: The Rise Of Stadium Seating In Movie Theaters And The Disabled's Fight For A Comparable Seat In The House, John Hammerle

DePaul Law Review

No abstract provided.


Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield Jan 2005

Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield

Other Publications

No abstract provided.


Ipse Dixit At The I.C.J., Sean D. Murphy Jan 2005

Ipse Dixit At The I.C.J., Sean D. Murphy

GW Law Faculty Publications & Other Works

No abstract provided.


Democratization In Afghanistan, Chris Rowe Jan 2005

Democratization In Afghanistan, Chris Rowe

Human Rights & Human Welfare

What determines whether a specific country embarks on the road to democracy, if it completes that voyage successfully, and finally consolidates democratic values, practices, and institutions? Analysts have debated these issues for decades and have identified a number of historical, structural, and cultural variables that help account for the establishment of successful democracies in some countries and its absence in others. Frequently cited prerequisites for democracy include social and economic modernization; a large and vibrant middle class; and cultural norms and values relating to politics.


Chechnya, Kelley Laird Jan 2005

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.


Europe, Victoria Lowdon, Angela Woolliams, Robin Davey Jan 2005

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.


The European Union And Romanian Mentalitate: A Case Study Of Corruption, Kandis Scott Jan 2005

The European Union And Romanian Mentalitate: A Case Study Of Corruption, Kandis Scott

Santa Clara Journal of International Law

The Santa Clara Journal of International Law brought together a panel of experts to explore issues of both public and private corruption. The keynote speaker was Glenn T. Ware, Senior Officer with the World Bank's Department of Institutional Integrity. Questions considered: How effective are existing treaty regimes and how might they be improved? Must domestic measures be enhanced to improve enforcement capability? Are domestic and international efforts mutually supportive or are they working at cross-purposes?


Recovering Iraq's Cultural Property: What Can Be Done To Prevent Illicit Trafficking, Joshua M. Zelig Jan 2005

Recovering Iraq's Cultural Property: What Can Be Done To Prevent Illicit Trafficking, Joshua M. Zelig

Brooklyn Journal of International Law

No abstract provided.


Violent Transformation Processes And The Question Of Justice And Peace, Doris Goedl Jan 2005

Violent Transformation Processes And The Question Of Justice And Peace, Doris Goedl

Santa Clara Journal of International Law

No abstract provided.


Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek Jan 2005

Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek

Michigan Journal of International Law

The main topic of this Note is the compatibility of unilateral humanitarian intervention with Article 2(4) of the U.N. Charter (the Charter). Through its interpretation, the author will attempt to discover whether the Grotian idea of unilateral humanitarian intervention can survive in the environment of contemporary international law without its "just war appendix." This Note will separate this idea from its "just war justification" and approach the question of the compatibility of such intervention with the Charter as a legal positivist. In the interpretation of Article 2(4) of the Charter, this Note will try to avoid moral principles. Instead, it …


The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster Jan 2005

The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster

University of Miami International and Comparative Law Review

No abstract provided.


The European Union's New Role In International Private Litigation, Ronald A. Brand Jan 2005

The European Union's New Role In International Private Litigation, Ronald A. Brand

Loyola University Chicago International Law Review

No abstract provided.


Will Saddam Hussein Get A Fair Trial, Michael P. Scharf, Curtis F.J. Doebbler, Hiram E. Chodosh Jan 2005

Will Saddam Hussein Get A Fair Trial, Michael P. Scharf, Curtis F.J. Doebbler, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.


Transforming Humanitarian Intervention From An Expedient Accident To A Categorical Imperative, Mirko Bagaric, John R. Morss Jan 2005

Transforming Humanitarian Intervention From An Expedient Accident To A Categorical Imperative, Mirko Bagaric, John R. Morss

Brooklyn Journal of International Law

No abstract provided.


International Litigation, Katherine Birmingham Wilmore, Glenn P. Hendrix, N. Jansen Calamita Jan 2005

International Litigation, Katherine Birmingham Wilmore, Glenn P. Hendrix, N. Jansen Calamita

The International Lawyer

No abstract provided.


U.S. Speaker Session 2: Canada And U.S Approaches To Trade Sanctions - U.S Speaker, R. Richard Newcomb Jan 2005

U.S. Speaker Session 2: Canada And U.S Approaches To Trade Sanctions - U.S Speaker, R. Richard Newcomb

Canada-United States Law Journal

No abstract provided.


U.S. Speaker Session 6: Canada U.S. Approaches To Health Care - U.S. Speaker, Jack Lessenberry Jan 2005

U.S. Speaker Session 6: Canada U.S. Approaches To Health Care - U.S. Speaker, Jack Lessenberry

Canada-United States Law Journal

No abstract provided.


A Cause Of Action Against Private Contractors And The U.S. Government For Freedom Of Speech Violations In Iraq, Brenner A. Allen Jan 2005

A Cause Of Action Against Private Contractors And The U.S. Government For Freedom Of Speech Violations In Iraq, Brenner A. Allen

North Carolina Journal of International Law

No abstract provided.


Mountain-Plains Consortium Annual Report 2005 Jan 2005

Mountain-Plains Consortium Annual Report 2005

UGPTI Mountain Plains Consortium Annual Reports

No abstract provided.


Software Development Project Risk Management: A Literature Review, Kevin Macg. Adams, C. Ariel Pinto Jan 2005

Software Development Project Risk Management: A Literature Review, Kevin Macg. Adams, C. Ariel Pinto

Engineering Management & Systems Engineering Faculty Publications

The rapid and unprecedented growth in software has brought with it some of the most spectacular and costly project failures in modern history. How risk management is presented in the scholarly journals may give insight into the risk management methods and techniques in use on software development projects. This paper provides a glimpse into the risk management methods, methodologies and techniques available to those who are responsible for software development projects by conducting a non-experimental content analysis. The findings reveal that risk management has not received sufficient attention and does not appear to be widely accepted within the software engineering …


Letter Of Appreciation: Peter Murphy Retires After A Lifetime Of Dedication As Counsel To The Commandant Of The Marine Corps, James E. Baker Jan 2005

Letter Of Appreciation: Peter Murphy Retires After A Lifetime Of Dedication As Counsel To The Commandant Of The Marine Corps, James E. Baker

Georgetown Law Faculty Publications and Other Works

This letter reflects upon the retirement of Peter Murphy after 20 years of service as counsel to the commandant of the Marine Corps. Chief Judge Baker discusses Peter Murphy’s moral courage, common sense, and unflinching dignity while serving as counsel. He relates how Murphy has an abiding commitment to the great institutions of his life and of our lives: the rule of law, the military, and the Marine Corps.


Poverty And Income Distribution In The Transition Economies Of Central And Eastern Europe And Central Asia, Andreea Chiritescu Jan 2005

Poverty And Income Distribution In The Transition Economies Of Central And Eastern Europe And Central Asia, Andreea Chiritescu

Masters Theses

For the transition economies of Eastern and Central Europe and Central Asia, this study reveals that poverty and income distribution move in the same direction. Following a low income inequality and a target of zero poverty before 1989, the transition caused a worsening of distribution of income and wealth, and an increase in absolute poverty.

Using simple trend analysis, some factors that have a positive influence on poverty in these transition economies are the external debt ratio and the population growth rate, and some factors that have a negative influence on poverty are foreign aid, external debt, foreign direct investment, …


Great Expectations: An Examination Of The Defense Spending And Military Modernization Of Poland, Hungary, And The Czech Republic Form 2002-2004, Kyle Raney Jan 2005

Great Expectations: An Examination Of The Defense Spending And Military Modernization Of Poland, Hungary, And The Czech Republic Form 2002-2004, Kyle Raney

Masters Theses

In 1999 at the Madrid Summit, NATO officially opened its doors to three new states. Poland, Hungary, and the Czech Republic were the first states to enter NATO since the end of the Cold War. The idea of NATO expansion has been heavily contested and critics argue that these new members do not have the capabilities to be strong contributors to the alliance and are unable to produce modern defense systems. Poland, Hungary, and the Czech Republic have all taken unique paths on the way into the alliance and all three states since their induction have in some form attempted …


Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah Jan 2005

Genocide And The Eroticization Of Death: Law, Violence, And Moral Purity, Tawia Baidoe Ansah

Faculty Publications

In this article, I ask: What is the relationship between law and morality in response to mass violence and suffering abroad? How does law shape and determine our moral response to mass death and suffering? We repose in the law itself a desire to define the moral and the ethical parameters of legal-political action. Thus, when faced with mass violence and suffering abroad, law functions as a proxy for morality. The legal prohibition under the Genocide Convention defines morality, or cabins the variety of moral responses into a single and universally applicable ethical-legal norm of response to genocide. The moral …


Book Review: Collective Insecurity: The Liberian Crisis, Unilateralism, And The Global Order, By Ikechi Mgbeoji, Richard Falk Jan 2005

Book Review: Collective Insecurity: The Liberian Crisis, Unilateralism, And The Global Order, By Ikechi Mgbeoji, Richard Falk

Osgoode Hall Law Journal

No abstract provided.


Electroabsorption Studies Of Structurally Modified Fullerene Thin Films, Gerald Farrell, Gordon Chambers, Hugh Byrne Jan 2005

Electroabsorption Studies Of Structurally Modified Fullerene Thin Films, Gerald Farrell, Gordon Chambers, Hugh Byrne

Conference papers

Ultraviolet (UV/Vis) and Electroabsorption (EA) spectroscopy is used to examine and differentiate between intermolecular and intra molecular excited state species in fullerene films. Charge Transfer (CT) states are identified at 2.4 eV and 2.7 eV and dipole moments are calculated. Thermal annealing of C60 films is monitored in situ using absorption spectroscopy and electroabsorption spectroscopy. Recorded spectra display both some temperature dependent and partially irreversible effects, indicating the occurrence of an annealing process. EA shows that the CT states associated with the transferring an electron from the HOMO of one molecule located at the (0,0,0) position to the LUMO of …


Evaluation Of Ecotourism In Armenia, Narine Yeghoyan Jan 2005

Evaluation Of Ecotourism In Armenia, Narine Yeghoyan

Theses

Over the last decades ecological tourism has become very popular all around the world. Ecotourism has emerged as a development tool, which aims to protect the natural area and cultural diversity by attracting the ecotourists and generating benefits for the local community without harming nature. Good interpretation services, cultural sensitivity and involvement with local community are three characteristics that differentiate ecotourism from other types of tourism. Ecotourism can bring many benefits, but if it is not organized properly, it can have very serious environmental consequences. Therefore evaluation of ecotourism product in a destination is important. It can help policy makers …