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Articles 331 - 357 of 357
Full-Text Articles in Law
Terror Financing, Guilt By Association And The Paradigm Of Prevention In The ‘War On Terror’, David Cole
Terror Financing, Guilt By Association And The Paradigm Of Prevention In The ‘War On Terror’, David Cole
Georgetown Law Faculty Publications and Other Works
"Material support" has become the watchword of the post-9/11 era. Material support to groups that have been designated as "terrorist" has been the U.S. government's favorite charge in post-9/11 "terrorism" prosecutions. Under immigration law, material support is a basis for deportation and exclusion - even where individuals have been coerced into providing support by the terrorist group itself. And under the Military Commissions Act, it is now a "war crime."
This essay argues that the criminalization of "material support" to designated "terrorist organizations" is guilt by association in twenty-first-century garb, and presents all of the same problems that criminalizing membership …
Moral Intuitions And Organizational Culture, Milton C. Regan
Moral Intuitions And Organizational Culture, Milton C. Regan
Georgetown Law Faculty Publications and Other Works
Many efforts to understand and respond to a succession of corporate scandals over the last few years have underscored the importance of organizational culture in shaping the behavior of individuals. This focus reflects appreciation that even if an organization has adopted elaborate rules and policies designed to ensure legal compliance and ethical behavior, those pronouncements will be ineffective if other norms and incentives promote contrary conduct.
Responding to the call for creating and sustaining an ethical culture in organizations requires appreciating the subtle ways in which various characteristics of an organization may work in tandem or at cross-purposes in shaping …
Book Review Of Bradin Cormack, A Power To Do Justice: Jurisdiction, English Literature, And The Rise Of Common Law, 1509-1625 (2007), Jennifer Locke Davitt
Book Review Of Bradin Cormack, A Power To Do Justice: Jurisdiction, English Literature, And The Rise Of Common Law, 1509-1625 (2007), Jennifer Locke Davitt
Georgetown Law Faculty Publications and Other Works
"A Power to Do Justice" by Bradin Cormack is a scholarly work offering a critical examination of several sixteenth-century literary texts. Cormack shows how those texts reflect a shifting understanding of the legal concept of jurisdiction during that period.
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Invited Comparative Commentary To The 67th Biennial German Jurists Meeting, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Children’S Rights To Representation: A Comparison Between Sweden And England, Titti Mattsson, Eva Ryrstedt
Titti Mattsson
In both England and in Sweden, the approach to a child's right to representation differs between public law cases and private law cases regarding legal custody/parental responsibility, residence or contact. This article discusses the basis for this distinction, and how far it accords with the best interests of the child.
Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau
Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau
Vincent D. Rougeau
What does it mean to be a Christian citizen of the United States today? This book challenges the argument that the United States is a Christian nation, and that the American founding and the American Constitution can be linked to a Christian understanding of the state and society. Vincent Rougeau argues that the United States has become an economic empire of consumer citizens, led by elites who seek to secure American political and economic dominance around the world. Freedom and democracy for the oppressed are the public themes put forward to justify this dominance, but the driving force behind American …
Restatement - Technique And Tradition In The United States, Thomas Kohler
Restatement - Technique And Tradition In The United States, Thomas Kohler
Thomas C. Kohler
This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …
The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee
Randy Lee
The Catholic social scientist seeks to understand his world so he can know his God. He is called by love to the questions that he addresses, and the answers he finds to those questions draw him to a call of service, a call to make a life other than his own at least a little better. One of the pre-eminent Catholic social scientists of our time is the psychiatrist, medical doctor, and “hard” scientist, Dr. Robert Coles. This article seeks to consider five pieces of advice that Dr. Coles offers to those aspiring to be Catholic social scientists. First, work …
Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole Phelan
Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole Phelan
Carole Silver
No abstract provided.
No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau
No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau
Vincent D. Rougeau
This article explains the history of forced heirship in Louisiana and describes the negative implications of its demise. Section IV outlines how the end of forced heirship reveals the changing values of Louisiana culture and views on the family.
The Rhetoric Of Self Defense, Janine Young Kim
The Rhetoric Of Self Defense, Janine Young Kim
Janine Kim
Derechos Reales Y Reconstrucción Tras El Sismo En Pisco: Testimonios Tras El Shock Del Derecho En Zonas De Desastre, Óscar Súmar, Antonio Peña Jumpa
Derechos Reales Y Reconstrucción Tras El Sismo En Pisco: Testimonios Tras El Shock Del Derecho En Zonas De Desastre, Óscar Súmar, Antonio Peña Jumpa
Oscar Súmar
No abstract provided.
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
Felice J Batlan
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis
Migration States Or States Of Exception? Social Movements Confront Authoritarian Statism, Nicos Trimikliniotis
Nicos Trimikliniotis
-Introduction -Defining the State -Europeanisation and the State -The Emergent Migration State -The Centrality of the Border: Migration and the State of Exception -Revisiting the ‘Agency versus Structure’ Debate -Migrants against the State of Exception ----Link: http://www.kora.metu.edu.tr/glomig/GLOMIG_Conference_Proceedings_Book.pdf Introduction If we are to address thoroughly an issue as complex as migration, we are forced to examine closely how the methods for controlling migration are being reformulated. The focus of our paper is primarily the European context, but the ideas and processes have a much wider scope. In an era that is characterised by a generalised ‘state of exception’ (Agamben, 2004), the …
Novos Caminhos Da Jurisdição, Haradja L. Torrens
Novos Caminhos Da Jurisdição, Haradja L. Torrens
Haradja L Torrens
No abstract provided.
Partição De Poderes E Direitos Fundamentais, Haradja L. Torrens
Partição De Poderes E Direitos Fundamentais, Haradja L. Torrens
Haradja L Torrens
No abstract provided.
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...
El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha
El Derecho Natural, Historia E Ideologia, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Intentemos retomar algunos hilos sueltos de discursos dispersos y con una nueva mirada analítica, procuremos ver una realidad sutil y huidiza: ese derecho natural que parece silencioso en nuestros días, y más silencioso aún en los discursos psitacistas: tanto en los pomposos como en los pseudo-rigurosos.
Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha
Princípio Republicano E Virtudes Republicanas, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
O presente artigo procura unir traços de aparente heterodoxia, recuperando, porém, paradigmas e tópicos que não são novos. Com efeito, nem as virtudes, nem a república, nem sequer a felicidade são novidades. O que talvez seja novo (new again) é o espírito de buscar outra vez as raízes, as fontes, para um intento de renovação do ambiente juspolítico. Somos naturalmente favorável a uma Constituição principial e valorativa, como a nossa. Mas parece-nos que há nela lugar a Virtudes (que já existem nela), e que a descoberta das Virtudes nas Constituições, e, logo, no Direito, é, afinal, um ovo de Colombo. …
Da Constituição Antiga À Constituição Moderna. República E Virtude, Paulo Ferreira Da Cunha
Da Constituição Antiga À Constituição Moderna. República E Virtude, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Virtude e República necessariamente têm de levar-nos à Antiguidade: desde logo porque a primeira “começa” com a helénica "areté". Logo, é preciso ir, antes de mais, à Grécia Antiga, e especialmente ao legado ateniense. “Directly or indirectly, Athenian democracy as an extraordinary experiment in social history thus stimulates our own thinking about crucial issues of our own democracy and society, incomparably more complex though they are. The point is precisely that the ancients help us focus on the essentials" - como afirma Kurt A. Raaflaub.
Uma Filosofia Constitucional Comum (Luso-Brasileira), Paulo Ferreira Da Cunha
Uma Filosofia Constitucional Comum (Luso-Brasileira), Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Onde melhor se pode aquilatar de uma filosofia constitucional? Além do cunho da constitução, que já vimos ser liberal na fórmula política (porque moderna ecodificada) e social na social, cultural e económica, o que mais exprime uma filosofia constitucional é a ética constitucional, e, antes de mais, são os valores. A Constituição cidadão brasileira e a Constituição portuguesa de 1976 comungam, em grande medida, dos meus valores de liberdade, igualdade, justiça, e outros, progressivos e de cidadania.
Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott
Cascading Infrastructure Failures: Avoidance And Response, George H. Baker, Cheryl J. Elliott
George H Baker
No critical infrastructure is self-sufficient. The complexity inherent in the interdependent nature of infrastructure systems complicates planning and preparedness for system failures. Recent wide-scale disruption of infrastructure on the Gulf Coast due to weather, and in the Northeast due to electric power network failures, dramatically illustrate the problems associated with mitigating cascading effects and responding to cascading infrastructure failures once they have occurred.
The major challenge associated with preparedness for cascading failures is that they transcend system, corporate, and political boundaries and necessitate coordination among multiple, disparate experts and authorities. This symposium brought together concerned communities including government and industry …
Trying To Vote In Good Conscience, Elizabeth F. Brown
Trying To Vote In Good Conscience, Elizabeth F. Brown
Elizabeth F Brown
This Article analyses the U.S. Conference of Catholic Bishops’ statement, Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States, and how it addresses the economic and environmental issues raised during the 2008 Presidential election.
Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow
Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow
Matthew Parlow
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
Donald J. Kochan
The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Mega-Cases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit
Nancy Levit
Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.
Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …