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2010

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The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose Jan 2010

The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose

Santa Clara Journal of International Law

No abstract provided.


Semiotic Definition Of Lawfare, Susan W. Tiefenbrun Jan 2010

Semiotic Definition Of Lawfare, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.


Lawfare: A War Worth Fighting, Paul R. Williams Dr. Jan 2010

Lawfare: A War Worth Fighting, Paul R. Williams Dr.

Case Western Reserve Journal of International Law

No abstract provided.


Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt Jan 2010

Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt

Case Western Reserve Journal of International Law

No abstract provided.


The Civilizing And Sportization Of Gaelic Football In Ireland: 1884–2009, John Connolly, Paddy Dolan Jan 2010

The Civilizing And Sportization Of Gaelic Football In Ireland: 1884–2009, John Connolly, Paddy Dolan

Articles

Over the course of the last 125 years the sport of Gaelic football in Ireland has undergone a sportization and civilizing process as the rules governing the sport became stricter and players developed greater levels of self-control. However, the civilizing of Gaelic football was a particularly fragile and uneven process. The growing social desire to diminish displays of violence was moderated by ambivalence towards violence. Gradually the external social controls on players increased and, greater and more stable levels of internalization occurred reflected by more advanced levels of player self-restraint in the control of violence. At the same time the …


Archives And Records In Armed Conflict: International Law And The Current Debate Over Iraqi Records And Archives, Douglas Cox Jan 2010

Archives And Records In Armed Conflict: International Law And The Current Debate Over Iraqi Records And Archives, Douglas Cox

Catholic University Law Review

No abstract provided.


Just Military Preparedness, U.S. Military Hegemony, And Contingency Planning For Intervention In Sudan: A Reply To Lango And Patterson, Harry Van Der Linden Jan 2010

Just Military Preparedness, U.S. Military Hegemony, And Contingency Planning For Intervention In Sudan: A Reply To Lango And Patterson, Harry Van Der Linden

Scholarship and Professional Work - LAS

This paper rejects most aspects of John W. Lango and Eric Patterson’s proposal that the United States should plan for a possible intervention in Sudan on secessionist and humanitarian grounds and announce this planning as a deterrent to the central government of Sudan attacking the people of South Sudan if they would opt in a January 2011 referendum for independence. I argue that secession is not a just cause for armed intervention and that, rightfully, neither the American people nor many of its men and women in uniform would be prepared to engage in an intervention that might easily escalate. …


Just Military Preparedness And Irregular Warfare, Harry Van Der Linden Jan 2010

Just Military Preparedness And Irregular Warfare, Harry Van Der Linden

Scholarship and Professional Work - LAS

This presentation explores the significance of just military preparedness (JMP), or jus ante bellum as a new category of just war theory, for just war thinking, especially with regard to irregular warfare. It articulates six just military preparedness (JMP) principles. It further discusses how America’s military preparation fails the JMP principles and how this negatively impacts its capability to justly initiate, execute, and conclude (irregular) war. This critical analysis takes as its point of departure (former) Defense Secretary Robert Gates’s view that the Pentagon needs to be “reprogrammed” toward a “balanced strategy” of preparing for both conventional and irregular warfare.


Vx In Tx: Chemical Weapons Incineration And Environmental Injustice In Port Arthur, Texas, Victoria R. Danta Jan 2010

Vx In Tx: Chemical Weapons Incineration And Environmental Injustice In Port Arthur, Texas, Victoria R. Danta

Fordham Environmental Law Review

No abstract provided.


Africentrism And Africentric Rituals: Their Role In Jamaican Male Motivation To Pursue Higher Education, Totlyn A. Oliver Jan 2010

Africentrism And Africentric Rituals: Their Role In Jamaican Male Motivation To Pursue Higher Education, Totlyn A. Oliver

Contemporary Issues in Juvenile Justice

This academic research presents the case for Africentrism and its attendant rituals for the African Diaspora to aid in the motivation and inspiration factor in the male's choice to pursue higher education in Jamaica. The paper discussed Africentric rites of passage against the background of pre-emancipation and post-emancipation education in Jamaica. It also analyzed the current educational system for male nationals along with the implications for applying Africentrism to theories and practice of education for male stu-dents. The major concern precipitating this study was the low levels of male enrolment in institutions of higher learning, as the female population far …


Stress Reactivity, Stress Appraisal And Coping Responses In Schizophrenia, Zainab Delawalla Jan 2010

Stress Reactivity, Stress Appraisal And Coping Responses In Schizophrenia, Zainab Delawalla

All Theses and Dissertations (ETDs)

Psychosocial factors have long been recognized as important to the etiology of schizophrenia. According to the stress-vulnerability model, the experience of stress is critical to the onset and/or maintenance of schizophrenia. Although there is no conclusive evidence to suggest that people with schizophrenia experience more stressful events than the general population, there is ample evidence that stress is linked with the course of illness. Traditionally, two lines of research have examined stress processing mechanisms: one focusing on the biological response to stress by studying the hypothalamic-pituitary-adrenal: HPA) axis and the other focusing on the psychological mechanisms delineated in the transactional …


Instituting A Hierarchy Of Human Worth: Eugenic Ideology And The Anatomy Of Who Gets What, Ann G. Winfield Jan 2010

Instituting A Hierarchy Of Human Worth: Eugenic Ideology And The Anatomy Of Who Gets What, Ann G. Winfield

Education Faculty Publications

No abstract provided.


U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis Jan 2010

U.S. Navy Torpedoes Nepa: Winter V. Natural Resources Defense Council May Sink Future Environmental Pleas Brought Under The National Environmental Policy Act, John C. Stellakis

Villanova Environmental Law Journal (1991 - )

No abstract provided.


“Galdós As Disablitity Observer: The Mendicant And Militant Leg- And Foot-Afflicted”, Vernon A. Chamberlin Jan 2010

“Galdós As Disablitity Observer: The Mendicant And Militant Leg- And Foot-Afflicted”, Vernon A. Chamberlin

Decimonónica

Like his European contemporaries and his Spanish predecessors during the Romantic movement in Spain, Galdós described and utilized many lame and crippled characters in his works.1 Some aspects of this creativity have been studied. First, we have the case of the eponymous protagonist in Tristana, which has attracted critical attention since the time of the novel’s publication in 1891.2 Also, with the publication in 1975 of Concha-Ruth Morell’s letters to Don Benito—which makes clear that she is the prototype for the protagonist—critical interest has taken a new turn; and, an attempt has been made to answer the …


Gulliver No Longer Quivers: U.S. Views On The Future Of The International Criminal Court, John F. Murphy Jan 2010

Gulliver No Longer Quivers: U.S. Views On The Future Of The International Criminal Court, John F. Murphy

The International Lawyer

No abstract provided.


“Mao In Transition To Becoming Mao”: Rebecca Karl On Her Forthcoming Book, Jeffrey Wasserstrom Jan 2010

“Mao In Transition To Becoming Mao”: Rebecca Karl On Her Forthcoming Book, Jeffrey Wasserstrom

China Beat Blog: Archive 2008-2012

Some time back, I did a Q-and-A with Rebecca Karlabout her forthcoming trade book on Mao. Now that its publication date is drawing near, I decided to do a short follow-up and she was good enough to oblige once again by answering a few questions:


Creating A Working Vocabulary Of Sovereignty: Language At The International Court Of Justice, D. Alison Von Rosenvinge Jan 2010

Creating A Working Vocabulary Of Sovereignty: Language At The International Court Of Justice, D. Alison Von Rosenvinge

Comparative Research in Law & Political Economy

“What is sovereignty?” If there are questions international legal and political scholars ought to be able to answer, this is certainly one. State sovereignty is arguably the basis of all political and legal international relations. And, yet, what it means remains elusive. As we discuss whether we are witnessing the demise of the Westphalian system, it is critical to understand state sovereignty today. Despite the resurgence in sovereignty scholarship, there has been little empirical work done that combines political and legal theory. This project addresses that gap in the current literature between political science and international legal research by providing …


Israel’S Seizure Of The Gaza-Bound Flotilla: Applicable Laws And Legality, Craig Scott Jan 2010

Israel’S Seizure Of The Gaza-Bound Flotilla: Applicable Laws And Legality, Craig Scott

Comparative Research in Law & Political Economy

The present working paper analyzes the applicable laws and legality of Israel’s naval blockade on Gaza and of the enforcement of that blockade through the seizure of a number of vessels, notably the Mavi Marmara, on May 31, 2010. It includes a comparison between that analysis and the analysis of the just-released (September 27, 2010) Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance. This three-member mission was chaired by Judge Karl T. Hudson-Phillips, Q.C., retired Judge …


After Law, Francisco Valdes Jan 2010

After Law, Francisco Valdes

Comparative Research in Law & Political Economy

After some brief preparatory notes, I will outline the time I call the "Age of Law" to explain how the making of modernity is related to the politics of progress and contradiction that define this era and its legacies. I next will summarize the dynamics of corruption, complexity and crisis that define the Age of Law and its historical construction of nation and market in material, structural terms. I then will turn to the relationship of this status quo to the emergence of internationalized law in the service of corporate globalization. Finally, to conclude, I will return to the pursuit …


Performing Masculinity And Reconciling Class In The American West: British Gentlemen Hunters And Their Travel Accounts, 1865-1914, Gregory Kosc Jan 2010

Performing Masculinity And Reconciling Class In The American West: British Gentlemen Hunters And Their Travel Accounts, 1865-1914, Gregory Kosc

History Dissertations - Archive

This dissertation investigates accounts by British gentlemen of the upper-middle and upper class, whose hunting narratives in the Western United States in the second half of the nineteenth century reveal their sentiments toward issues of nation, race, class, and gender. I argue that hunting accounts set in the American West, where egalitarianism and nationalism ran strong, allowed these hunters to reconcile themselves to the increasing democratization, professionalization, and commercialization of Britain and the emergence of a multi-polar global power structure by crafting an upper-class identity that reaffirmed British supremacy and class values. At the core of this upper-class identity was …


Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen Jan 2010

Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen

Case Western Reserve Journal of International Law

This is the report of the Cleveland Experts Meeting.


The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio Jan 2010

The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio

Case Western Reserve Journal of International Law

No abstract provided.


Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves Jan 2010

Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves

Case Western Reserve Journal of International Law

No abstract provided.


The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood, Michael J. Kelly Jan 2010

The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.


Retribution And Reform, Chad Flanders Jan 2010

Retribution And Reform, Chad Flanders

Maryland Law Review

No abstract provided.


Fighting Firearms With Fire In The Oas: A Critical Evaluation Of The Inter-American Convention Against The Manufacturing Of And Trafficking In Firearms, Ammunition, And Other Related Materials , Kierstan Lee Carlson Jan 2010

Fighting Firearms With Fire In The Oas: A Critical Evaluation Of The Inter-American Convention Against The Manufacturing Of And Trafficking In Firearms, Ammunition, And Other Related Materials , Kierstan Lee Carlson

American University International Law Review

No abstract provided.


The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan Jan 2010

The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan

UC Law SF International Law Review

Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …


The Ecclesial Vision Of William T. Cavanaugh And Post-Conciliar American Ecclesiology, Katherine G. Schmidt Jan 2010

The Ecclesial Vision Of William T. Cavanaugh And Post-Conciliar American Ecclesiology, Katherine G. Schmidt

Graduate Theses and Dissertations

No abstract provided.


A Knight In The Trenches: Owen Francis Dudley And The Catholic Battle Against Modernity, Owen D. Kubik Jan 2010

A Knight In The Trenches: Owen Francis Dudley And The Catholic Battle Against Modernity, Owen D. Kubik

Graduate Theses and Dissertations

No abstract provided.


Taxing Civil Rights Gains, Anthony C. Infanti Jan 2010

Taxing Civil Rights Gains, Anthony C. Infanti

Michigan Journal of Gender & Law

This Article is divided into four parts. In Part I, the nature of the levy that the DOMAs impose on same-sex couples is explained. In Part II, how this levy can be classified as a "tax" is explained. In Part III, the federal- and state-level ramifications of classifying the levy that the DOMAs impose as a "tax" are discussed. Finally, brief concluding remarks are provided that discuss how this Article might pave the way for making similar arguments with respect to other nontraditional families and, concomitantly, how it demonstrates the transformative potential of same-sex marriage.