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Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom Nov 2011

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder Dec 2009

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for the former Yugoslavia [10] …


Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse Dec 2008

Internet Killed The Copyright Law: Perfect 10 V. Google And The Devastating Impact On The Exclusiive Right To Display, Deborah B. Morse

Deborah Brightman Morse

Never has the dissonance between copyright and innovation been so extreme. The Internet provides enormous economic growth due to the strength of e-commerce, and affords an avenue for creativity and the wide dissemination of information. Nevertheless, the Internet has become a plague on copyright law. The advent of the digital medium has made the unlawful reproduction, distribution, and display of copyrighted works essentially effortless. The law has been unable to keep pace with the rapid advance of technology. For the past decade, Congress has been actively attempting to draft comprehensible legislation in an effort to afford copyright owners more protection …


"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner Dec 2007

"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner

Michele R. Pistone

The invitation to write for this symposium stated that the preferential option for the poor “asks us to define what law and public policy would look like if consideration for the poor was at the heart of our conception of the common good.” Inquiries of this kind are useful and necessary—to a point. They also can become counter-productive. The issue of immigration, which we discuss here to illustrate our larger point about the general appropriateness of claiming that a specific policy prescription is demanded by the preferential option for the poor, presents the complications of the matter in particularly stark …