Law Commons^™

Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul Williams, Karina Waller

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In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia.

During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins

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INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

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This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Empathy, Spring, And Fervorino, Susan Bennett

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No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

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No abstract provided.

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

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No abstract provided.

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

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No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

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No abstract provided.

Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson

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No abstract provided.

Inter-American System, Claudia Martin

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No abstract provided.

Strengthening Access To Information And Public Participation In Transition Countries - Latvia As A Case Study In Administrative Law Reform, Jeffrey Lubbers

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No abstract provided.

Embracing The Ill-Structured Problem In A Community Economic Development Clinic, Susan Bennett

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No abstract provided.

I Want A Black Lawyer To Represent Me: Addressing A Black Defendant's Concerns With Being Assigned A White Court-Appointed Lawyer, Kenneth P. Troccoli

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"I want a Black lawyer to represent me." These are the first words you hear after you introduce yourself to your new client. You have been appointed to represent this man on a criminal charge. You are white. He is Black. You answer that you are an experienced criminal lawyer and will represent him to the best of your ability, regardless of his or your race. He responds that he too is experienced with the criminal justice system-a system that targets Black men, like himself, for prosecution far more than whites, that sentences Black men to prison more frequently and …

Inter-American System, Claudia Martin

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No abstract provided.

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles

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No abstract provided.

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

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No abstract provided.

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker

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No abstract provided.

Extending The Revisionist Project, Lewis Grossman

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No abstract provided.

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

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No abstract provided.

The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin

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No abstract provided.

Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&M Records, Inc. V. Napster, Inc., Michael W. Carroll

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This symposium Article analyzes the Ninth Circuit's decision in A&M Records, Inc. v. Napster, Inc. After setting the stage with a comparison to the rise of cable television, and a description of the technologies underpinning Napster's service, the Article analyzes the doctrinal developments in the Ninth Circuit's opinion. The principal analytical points are that: (1) the court's definitions of "sampling" and "space-shifting" were overbroad, leading to oversimple fair use analysis; (2) the court's treatment of vicarious liablility for copyright infringement is doctrinally incoherent because it suggests that liability depends on whether a third party has "turn[ed] a blind eye" toward …

An Intimate Portrait Of Peter M. Cicchino, Jamin B. Raskin

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No abstract provided.

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

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This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

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The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

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This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

The Case Of Awas Tingni V. Nicaragua A Step In The International Law Of Indigenous Peoples, Claudio Grossman, S James Anaya

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The people of Awas Tingni did not set about to forge an international legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. Awas Tingni is one of numerous Mayagna, or Sumo, indigenous communities in the isolated Atlantic Coast region of Nicaragua. The Community has sought simply, but doggedly, to be secure in the peaceful possession of traditional lands. It has achieved a major step toward that end, and more. The Community's identity in the minds of outsiders is now merged with that of a landmark case, The Case of the Mayagna (Sumo) …

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

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No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

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No abstract provided.

Elite Privilege And Public Interest Lawyering [Comments], Susan Carle

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In 1916, Charles Anderson Boston, one of the members of the first national Legal Redress Committee of the National Association for the Advancement of Colored People, spoke at the organization's board of directors meeting to endorse the use of new litigation strategies in the fight against racial segregation. The “proper presentation of the legal fight against segregation,” Boston urged, should focus on gathering “facts, not law” to demonstrate to the courts the law's “actual operation.”; Boston's emphasis on using facts to demonstrate the law's operation accorded with the NAACP's litigation strategy, which relied not only on gathering and presenting such …