Digital Commons Network^™

Not At All: Environmental Sustainability In The Supreme Court, James R. May, Kristen Hite

Sustainable Development Law & Policy

No abstract provided.

Gender Strategy Is Not Luxury For International Courts Symposium: Prosecuting Sexual And Gender-Based Crimes Before International/Ized Criminal Courts, Patricia Viseur Sellers

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen

UIC Law Review

No abstract provided.

Ritual Rhetoric In Ancient Near Eastern Texts, James W. Watts

Religion - All Scholarship

Many ancient Near Eastern texts reflect a concern for ritual accuracy. They depict ancient kings justifying their ritual practices on the basis of supposedly invariable tradition and, frequently, on the basis of old ritual texts. They also invoke ritual acts and omissions to explain the course of past history and to promise future punishments and rewards. In fact, very many texts assert that ritual performance is the most determinative factor in the success or failure of rulers and nations. The rhetoric of ritual therefore pervaded royal propaganda as well as temple texts. It also provided the principal rationale for criticizing …

Limping Toward Elysium: Impediments Created By The Myth Of Westphalia On Humanitarian Intervention In The International Legal System Note, Stephen Carley

Connecticut Law Review

The present international system is broadly thought to consist of nation-states possessing certain essential characteristics: a fixed population and territory, formal equality in external relations and, in nearly all cases, unquestioned domestic authority to conduct its internal affairs in any way it deems fit. That last characteristic, often viewed by historians, legal actors and diplomats as a central and indispensable principle of the international system, is the one most commonly associated with status as a nation-state and, in the language of international law, is understood as the essence of sovereignty. With respect to the internal authority of a sovereign nation-state, …

Board Reforms With A Japanese Twist: Viewing The Japanese Board Of Directors With A Delaware Lens, Carlo Osi

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

Counter-Insurgency, Human Rights, And The Law Of Armed Conflict, Federico Sperotto

Human Rights Brief

No abstract provided.

How The Development Of The Palestinian State Can Be Effectively Initiated: Implementing A Plan For A Two-State Solution While Fostering Palestinian Growth And Maintaining A Viable Peace, David F. Pustilnik, Dimitra Blitsa

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Vultures, Hyenas, And African Debt: Private Equity And Zambia, Olufunmilayo B. Arewa

Northwestern Journal of International Law & Business

Although the Donegal court explicitly limited its scrutiny to the legal questions raised by the case rather than questions of morality and humanity, 23 the moral and ethical considerations connected with the activities of vulture investors are significant. This is particularly true in Africa, which in the post-colonial period has experienced poor economic performance in both absolute and relative terms, as well as significant and even increasing levels of poverty.24 Poverty has exacerbated political instability in Africa.25 The political situation in much of the African continent is similarly tenuous, with sub-Saharan African states in many instances serving as exemplars of …

The Taxation Of Compensatory Profits Interests: The Blind Men And The Elephant, Philip F. Postlewaite

Northwestern Journal of International Law & Business

The position increasingly held by academics is that the current tax treatment of such receipts is improper and should be obvious to all.6 Apparently, the small but determined group which defends the status quo7 not only fails to appreciate the clarity of the situation,8 but their analysis is derisively dismissed as sophistry and their motives impugned for acting as tools of the establishment. As the lowly representative of the Gang of Three, and the only one apparently not smart enough to be paid for his advocacy,'0 notwithstanding the intensity and inventiveness of the presenters' advocacy, I remain unconvinced. My support …

Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones

Northwestern Journal of International Law & Business

This Article is, in essence, a strident expression of indignation about what a majority of tax scholars and, indeed, legislators consider a glaring yet persistent inequity in the tax code. In short, sometimes extraordinarily well-paid fund managers receive compensation taxed at capital gains rates. All other, usually very much lower-compensated, service providers are taxed at ordinary rates. The result is clearly regressive and yet, as of late, even some respected and knowledgeable scholars-though still in the minority-have unabashedly set forth sophisticated-sounding justifications. Objections based on unfairness, real, or even merely perceived, are difficult to express without a tone of indignation, …

Not All Carried Interests Are Created Equa, Adam H. Rosenzweig

Northwestern Journal of International Law & Business

Recently, a significant debate over the taxation of so-called "carried interest "in private equity funds has received much attention from scholars, the government, commentators, and the media. This debate has focused on whether private equity fund managers who earn a percentage of the returns generated by the fund should be entitled to preferential "capital gain" treatment on such returns. The primary concern in this debate revolves around whether managers are effectively being compensated for services normally taxed at higher rates while receiving the benefit of preferential rates reserved for capital gains. Proponents of reform point to the services being performed …

International Community Responds To Darfur: Icc Prosecution Renews Hope For International Justice, The, John E. Tanagho, John P. Hermina

Loyola University Chicago International Law Review

No abstract provided.

Robust Estimation And Adaptive Guidance For Multiple Uavs' Cooperation, Randal Allen

Electronic Theses and Dissertations

In this paper, an innovative cooperative navigation method is proposed for multiple Unmanned Air Vehicles (UAVs) based on online target position measurements. These noisy position measurement signals are used to estimate the target's velocity for non-maneuvering targets or the target's velocity and acceleration for maneuvering targets. The estimator's tracking capability is physically constrained due to the target's kinematic limitations and therefore is potentially improvable by designing a higher performance estimator. An H-infinity filter is implemented to increase the robustness of the estimation accuracy. The performance of the robust estimator is compared to a Kalman filter and the results illustrate more …

The Right To Defensive Arms After District Of Columbia V. Heller, Michael P. O'Shea

West Virginia Law Review

No abstract provided.

Barack Obama, Resort To Force, And U.S. Military Hegemony, Harry Van Der Linden

Scholarship and Professional Work - LAS

Just War Theorists have neglected that a lack of “just military preparedness” on the side of a country seriously undermines its capability to resort justly to military force. In this paper, I put forth five principles of “just military preparedness” and show that since the new Obama administration will seek to maintain the United States’ dominant military position in the world, it will violate each of the principles. I conclude on this basis that we should anticipate that the Obama administration will add another page to the United States’ history of unjust military interventions.

The Only True God: Early Christian Monotheism In Its Jewish Context, James F. Mcgrath

Scholarship and Professional Work - LAS

Chapter 5: "Monotheism and Worship in the Book of Revelation" is an excerpt from The Only True God. Copyright 2009 by the Board of Trustees of the University of Illinois. Used with permission of the University of Illinois Press. This excerpt, in whole or in part, may not be reproduced, distributed, photocopied or posted on-line without the written permission of the copyright holder.

Questioning The Resort To U.S. Hegemonic Military Force, Harry Van Der Linden

Scholarship and Professional Work - LAS

This paper seeks to defend the thesis that this American project of military hegemony has a variety of global security costs of such combined magnitude that there is a strong prima facie case against the resort to armed force by the United States, so that its wars might be wrong even when there is a just cause. My thesis is based on the jus ad bellum principle of proportionality.

From Hiroshima To Baghdad: Military Hegemony Versus Just Military Preparedness, Harry Van Der Linden

Scholarship and Professional Work - LAS

In this paper I question the morality of U.S. military supremacy or hegemony in terms of what constitute the legitimate use of military force and the proper preparation for using such force. I first discuss in a somewhat synoptic fashion how American hegemonic military force (from its very beginning with the dropping of the atomic bomb on Hiroshima) has been justified in dishonest ways and wrongly executed. Next, I show that Just War Theory (JWT) needs to be revised in order to come to a convincing assessment of U.S. military hegemony and its use of military force. This leads me …

Invariance: A Tale Of Intellectual Migration, Steven Gimbel

Philosophy Faculty Publications

The plotline of the standard story told about the development of intellectual history at the end of the 19th/turn of the 20th century follows the move from absolutism to perspectivalism. The narrative takes us, on the one hand, from the scientism of late Enlightenment writers like Voltaire, Mill, D’Alebert, and Comte and the historical determinism of Hegel, all of which were based upon a universal picture of rationality, to, on the other hand, the relativistic physics of Einstein, the perspectival art of Picasso, and the individualism of Nietzsche and Kierkegaard leading to the phenomenology of Husserl and Heidegger to and …

The Rome Statue And Captain Planet: What Lies Between 'Climate Against Humanity' And The 'Natural Environment?, Mohadmmed Saif-Alden Wattad

Fordham Environmental Law Review

No abstract provided.

Rethinking The Mérida Initiative: Why The U.S. Must Change Course In Its Approach To Mexico’S Drug War, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.

Operation Cast Lead: Drawing The Battle Lines Of The Legal Dispute, Avril Mcdonald

Human Rights Brief

No abstract provided.

United Nations And Ngo Updates, Zach Zarnow, Doug Keillor

Human Rights Brief

No abstract provided.

International Protection For Internally Displaced Persons, Kuan-Wen Liao

All Theses and Dissertations (ETDs)

No abstract provided.

The Changing Face Of Arab-Islamic Terror: 1936 - 2008, Andrew Glauberg

All Theses and Dissertations (ETDs)

No abstract provided.

An Analysis Of Sustainable Economic Development Initiatives: Why Aid Organizations Should Focus On Helping Women, Andrea Rooks

All Theses and Dissertations (ETDs)

No abstract provided.

Surplus Production And Socio-Political Change During The Viking/Medieval Transition: A Paleoethnobotanical Investigation Of Quoygrew Farm, Orkney, Catrina Adams

All Theses and Dissertations (ETDs)

In this dissertation, I examine the process of state formation during the Viking/Medieval transition: c. 1050 A.D.) as it took place in the North Atlantic region. Specifically, I use paleoethnobotanical analysis of remains from Quoygrew farm, an archaeological site located on Westray in the Orkney Islands, to examine the reciprocal relationship between farm production and changes associated with state formation and the Viking/Medieval transition. Towards this goal, I analyzed carbonized plant remains from midden contexts as well as from floor deposits, hearths, pit fills, and dumps. Seed densities and distributions reveal a closely integrated system of farm production including cereal …

Journal Of Mormon History Vol. 35, No. 2, 2009

Journal of Mormon History

TANNER LECTURE

--Letting Go: Understanding Mormon Growth in Africa Philip Jenkins, 1

ARTICLES

--California Provided the Answer John K. Carmack, 27

--The RLDS Church on the Pacific Slope Ronald E. Romig, 43

--The Tragic Matter of Louie Wells and John Q. Cannon Kenneth L. Cannon II, 126

--Handcarts Going East: The 1857 Missionaries Karen Ann Griggs, 191

REVIEWS

--Ronald W. Walker, Richard E. Turley Jr., and Glen M. Leonard. Massacre at Mountain Meadows: An American Tragedy Edward Leo Lyman, 238

-Lola Van Wagenen, Sister-Wives and Suffragists: Polygamy and the Politics of Woman Suffrage, 1870–1896 Andrea G. Radke-Moss, 245

--Matthew C. …

The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.