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Articles 1 - 23 of 23
Full-Text Articles in Law
Targeted Killing: A Legal And Political History, Markus Gunneflo
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
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mark L Noferi
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
Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper
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
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
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
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
Restoring The Right To Organize In The Private Sector, James Newell
James Newell
No abstract provided.
Policing Terrorists In The Community, Sahar F. Aziz
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
“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
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
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
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
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
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
Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell
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
On Realism's Own 'Hangover' Of Natural Law Philosophy: Llewellyn Avec Dooyeweerd, David Caudill
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
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
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
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
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