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Articles 1 - 12 of 12

Full-Text Articles in Law

Civil Liberties, Fear, And Terrorism, John Mueller, Mark G. Stewart May 2012

Civil Liberties, Fear, And Terrorism, John Mueller, Mark G. Stewart

Notre Dame Journal of International & Comparative Law

No abstract provided.


Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, And A Federal Court Nightmare From Here To Guantanamo, Thomas A. Durkin May 2012

Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, And A Federal Court Nightmare From Here To Guantanamo, Thomas A. Durkin

Notre Dame Journal of International & Comparative Law

No abstract provided.


Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell May 2012

Adhering To Law And Values Against Terrorism, Mary Ellen O'Connell

Notre Dame Journal of International & Comparative Law

No abstract provided.


Friend, Not Foe: The Role Of Civil Society In Preventing Violent Extremism, David Cortright, Alistair Millar, Linda Gerber-Stellingwerf, George A. Lopez May 2012

Friend, Not Foe: The Role Of Civil Society In Preventing Violent Extremism, David Cortright, Alistair Millar, Linda Gerber-Stellingwerf, George A. Lopez

Notre Dame Journal of International & Comparative Law

No abstract provided.


Terrorism In Violation Of The Law Of Nations, Juliet Sorensen May 2012

Terrorism In Violation Of The Law Of Nations, Juliet Sorensen

Notre Dame Journal of International & Comparative Law

No abstract provided.


Islamic Legal Theory And The Context Of Islamist Movements, Cynthia Shawamreh May 2012

Islamic Legal Theory And The Context Of Islamist Movements, Cynthia Shawamreh

Notre Dame Journal of International & Comparative Law

No abstract provided.


Volume 2 Masthead Jan 2012

Volume 2 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.


Volume 3 Masthead Jan 2012

Volume 3 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.


What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov Jan 2012

What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov

Journal Articles

Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …


A Broken Windows Theory Of International Corruption, Roger P. Alford Jan 2012

A Broken Windows Theory Of International Corruption, Roger P. Alford

Journal Articles

The Article re-conceptualizes corruption through the lens of the broken windows theory of community policing, focusing on the root consequences of corruption as well as its secondary effects.

Part II of the Article posits that corruption is a broken window that signals the breakdown of community controls necessary for the maintenance of social order. A government that abuses its power for private gain is a government that cannot be trusted to pursue the general welfare. Empirical evidence finds ample support for this claim, confirming that corruption negatively alters the public’s perception of government and society.

Part III of the Article …


Inclusionary Housing On A Global Basis, James J. Kelly Jr. Jan 2012

Inclusionary Housing On A Global Basis, James J. Kelly Jr.

Journal Articles

This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …


The Law Of Nations As Constitutional Law, Anthony J. Bellia, Bradford R. Clark Jan 2012

The Law Of Nations As Constitutional Law, Anthony J. Bellia, Bradford R. Clark

Journal Articles

Courts and scholars continue to debate the status of customary international law in U.S. courts, but have paid insufficient attention to the role that such law plays in interpreting and upholding several specific provisions of the Constitution. The modern position argues that courts should treat customary international law as federal common law. The revisionist position contends that customary international law applies only to the extent that positive federal or state law has adopted it. Neither approach adequately takes account of the Constitution’s allocation of powers to the federal political branches in Articles I and II or the effect of these …