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Full-Text Articles in Law

Targeted Killing: A Legal And Political History, Markus Gunneflo Dec 2015

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …


Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi Dec 2015

Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi

Mark L Noferi

Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed examination of mandatory detention during deportation proceedings for U.S. crimes. I argue that mandatory immigration detention functionally operates on a “noncitizen presumption” of dangerousness. Mandatory detention incarcerates noncitizens despite technological advances that nearly negate the risk of flight, with that risk increasingly seen as little different regarding noncitizens, at least those treated with dignity. Moreover, this “noncitizen presumption” of danger contravenes empirical evidence, and diverges from …


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in …


Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper May 2015

Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper

Danielle Ireland-Piper

No abstract provided.


Public Law In A Comparative And Inter-Disciplinary Paradigm, Danielle Ireland-Piper May 2015

Public Law In A Comparative And Inter-Disciplinary Paradigm, Danielle Ireland-Piper

Danielle Ireland-Piper

No abstract provided.


Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell Mar 2015

Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell

Daniel A Farber

No abstract provided.


The Life And Times Of Targeted Killing, Markus Gunneflo Dec 2013

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …


Restoring The Right To Organize In The Private Sector, James Newell Jul 2013

Restoring The Right To Organize In The Private Sector, James Newell

James Newell

No abstract provided.


Policing Terrorists In The Community, Sahar F. Aziz Feb 2013

Policing Terrorists In The Community, Sahar F. Aziz

Sahar F. Aziz

Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …


“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan Dec 2012

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Susan Rexford

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …


Re-Emerging Equality. Traditions Of Justice In The Cultural Roots Of The Arab Revolutions, Giancarlo Anello, Khaled Qatam Dec 2012

Re-Emerging Equality. Traditions Of Justice In The Cultural Roots Of The Arab Revolutions, Giancarlo Anello, Khaled Qatam

giancarlo anello

For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they had been betrayed in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Mahmud Abbas ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements.


The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo Dec 2011

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …


How Do Roles Generate Reasons? A Method Of Legal Ethics, Stephen Galoob Dec 2011

How Do Roles Generate Reasons? A Method Of Legal Ethics, Stephen Galoob

Stephen Galoob

No abstract provided.


Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed Feb 2011

Hiv And Women: Incongruent Policies, Criminal Consequences, Aziza Ahmed

Aziza Ahmed

The new agency UN WOMEN must play an active role in the standardization of laws and policies at the global and national level where their incongruence has negative and often criminal consequences for the health and lives of women and girls. This article focuses in on three such examples: opt-out testing for HIV, criminalization of vertical transmission, and the new World Health Organization guidelines on breastfeeding.


Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed Dec 2010

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Aziza Ahmed

No abstract provided.


Jus Cogens, Ulf Linderfalk May 2010

Jus Cogens, Ulf Linderfalk

Ulf Linderfalk

No abstract provided.


Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell Dec 2009

Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell

Anne Joseph O'Connell

No abstract provided.


Winterthouhgts, Matilda Arvidsson Dec 2009

Winterthouhgts, Matilda Arvidsson

Matilda Arvidsson

No abstract provided.


On Realism's Own 'Hangover' Of Natural Law Philosophy: Llewellyn Avec Dooyeweerd, David Caudill Dec 2008

On Realism's Own 'Hangover' Of Natural Law Philosophy: Llewellyn Avec Dooyeweerd, David Caudill

David S Caudill

No abstract provided.


Marc J. Blitz-Freedom Of Thought In The Age Of Neuroscience And Cognitive Enhancement (Draft Article Submission-4-13-09), Marc J. Blitz Dec 2008

Marc J. Blitz-Freedom Of Thought In The Age Of Neuroscience And Cognitive Enhancement (Draft Article Submission-4-13-09), Marc J. Blitz

Marc J. Blitz

No abstract provided.


Principles Of Law And Economics, Daniel Cole, Peter Grossman Dec 2004

Principles Of Law And Economics, Daniel Cole, Peter Grossman

Peter Z. Grossman

No abstract provided.


Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson Dec 1999

Federal Courts — Proposed Changes To The Ninth Circuit And The Federal Courts Of Appeals — Final Report Of The Commission On Structural Alternatives For The Federal Courts Of Appeals; And S. 253, The Ninth Circuit Reorganization Act, Josephine Sandler Nelson

J.S. Nelson

No abstract provided.


The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1974

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984