Law Commons^™

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.

The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us to take …

One Morning In Morocco, Eli Mechanic

New England Journal of Public Policy

Presents the journal of an American student studying in Morocco based on his firsthand experiences on how Arabs viewed the Iraq war from January to May 2003. Lesson learned on March 20, 2003 where he felt the anger of Arab people upon seeing an American; Excitement of Arabs upon hearing news about dead Americans; Realization of the Moroccans on the cruelty of the Americans.

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.

We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton

New England Journal of Public Policy

Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …

Clarett V. National Football League: Defining The Non-Statutory Labor Exception To Antitrust Law As It Pertains To Restraints Primarily Focused In Labor Markets And Restraints Primarily Focused In Business Markets, Ronald Terk Sia

The University of New Hampshire Law Review

[Excerpt] “Contemporary sports have seen an influx of young talent opting for a chance at playing in the big leagues earlier at the expense of obtaining higher education. Many dream of playing professional sports—dreams often prohibited by player eligibility rules. In situations where the restraints are not argued to have been protected by non-statutory labor exception, antitrust law has been seen to set its talons into eligibility rules. […]

Federal antitrust law and national labor law set forth two conflicting policies that have created a periodic drama for sports fans concerned that their favorite sports will suffer a cataclysmic court …

The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore

BYU Law Review

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin

Duke Law & Technology Review

In response to growing fears from the entertainment industry over online file-sharing of valuable content, the Federal Communications Commission ("FCC") enacted sweeping regulations over the production of electronic devices in the name of protecting digital television broadcasts. Although the FCC's "broadcast flag" regulation was struck down on jurisdictional grounds, Hollywood has not given up the push for strict control. If Hollywood successfully acquires broadcast flag protection there could be far-reaching implications for innovation and development of new digital technologies. While content providers have important reasons to protect copyrighted material, there is too much at stake to merely acquiesce to their …

Wacana Kearifan Kapitalis Dalam Dunia Postmodern: Tinjauan Atas Kampanye One/Live 8, Musa Maliki

Global: Jurnal Politik Internasional

The tension of postmodern condition creates two distinctive grand-narrative discourses in seeing poverty: modernist and anti-modernist. Even though the discourse of the postmodern condition remains within the regime of grand narrative discourses, there is a little narrative called the wisdom of capitalist discourse. It has been successful in the constructive active and non-violence resistance to make poverty history by ONE/Live 8 campaign. By the discourse's scheme, this study argues that the existence of poverty text is not the epistemological problem that can be solved exogenously by problem solving theory (grand theory), but it is the ontological problem that can be …

Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez

Brigham Young University International Law & Management Review

No abstract provided.

The Viability Of Stimulating Technology-Oriented Entrepreneurial Activity In China, Taiwan, Japan, And South Korea: How Regulations And Culture Encourage The Creation, Development And Exploitation Of Intellectual Property, Matthew L. Goldberg

Brigham Young University International Law & Management Review

No abstract provided.

Privatization Of Space Ventures: Proposing A Proven Regulatory Theory For Future Extraterrestral Appropriation, Jonathan Thomas

Brigham Young University International Law & Management Review

No abstract provided.

Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock

Human Rights & Human Welfare

No abstract provided.

Giving The Gift Of Public Office, James A. Gardner

Buffalo Law Review

This interpretive essay, written for the Buffalo Law Review's annual essay issue, identifies an increasingly common pathology of American democracy in which voters treat the election of public officials not as an instrumental act designed to influence public policy, but as an opportunity to present public office as a gift to those who have pleased, entertained, or moved them. The reelection of Strom Thurmond to the Senate at age 93 and the election of nearly forty congressional widows to their late husbands' seats exemplify this trend. Although this behavior bears a passing resemblance to eighteenth-century habits of political deference and …

Peter W. Van Arsdale On This Place Will Become Home: Refugee Repatriation To Ethiopia By Laura C. Hammond. Ithaca, Ny: Cornell University Press, 2004. 257pp., Peter W. Van Arsdale

Human Rights & Human Welfare

No abstract provided.

Making Sense Of The Sense Of Justice, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Buffalo Law Review

No abstract provided.

Law As Communitarian Virtue Ethics, Sherman J. Clark

Buffalo Law Review

No abstract provided.

David E. Guinn On The Wilson Chronology Of Human Rights: A Record Of The Human Striving For Freedom From Ancient Times To The Present. Edited By David Levinson. Bronx, Ny: H.W. Wilson, 2003. 581pp., David E. Guinn

Human Rights & Human Welfare

A review of:

The Wilson Chronology of Human Rights: A Record of the Human Striving for Freedom from Ancient Times to the Present. Edited by David Levinson. Bronx, NY: H.W. Wilson, 2003. 581pp.

David E. Guinn On A Dictionary Of Human Rights (2nd Edition) By David Robertson. London, England: Europa Publications, 2004. 346pp., David E. Guinn

Human Rights & Human Welfare

A review of:

A Dictionary of Human Rights (2nd Edition) by David Robertson. London, England: Europa Publications, 2004. 346pp.

States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog

The University of New Hampshire Law Review

[Excerpt] “Consider the following hypothetical scenario: after an appeal by the American Civil Liberties Union, the Supreme Court determines that the Patriot Act is unconstitutional. This decision so infuriates President Bush that he seeks out the advice of his legal counsel in a frantic attempt to bypass the Court’s ruling. After some research, President Bush’s legal advisers give him two options: he can either attempt to pass an amendment to the constitution or, with the “advice and consent of the Senate,” he can sign the Patriot Act as a treaty with a foreign nation. Either of these measures will evade …

Freedom Of Thought, Offensive Fantasies And The Fundamental Human Right To Hold Deviant Ideas: Why The Seventh Circuit Got It Wrong In Doe V. City Of Lafayette, Indiana, Clay Calvert

The University of New Hampshire Law Review

[Excerpt] “A precarious balance and considerable tension exists between two competing legal interests – the essential, First Amendment-grounded human right to freedom of thought, on the one hand, and the desire to prevent harm and injury that might occur if thought is converted to action, on the other. To understand this tension, it is useful to start by considering three different and disturbing factual scenarios.

This article examines and critiques the majority opinion of the Seventh Circuit Court of Appeals in City of Lafayette. The majority held that the city’s ban of John Doe, a convicted sex offender, from its …

Regulating Indecency: The Federal Communication Commission’S Threat To The First Amendment, Reed Hundt

Duke Law & Technology Review

This paper is adapted from a talk given by the author at Duke University School of Law on April 6, 2005. The author argues that the Federal Communication Commission's recent crackdown on television indecency poses a significant threat to First Amendment protections by (1) limiting television viewers' freedom of choice and (2) implying the possibility of punishment for failure to cooperate with the political objectives of the governing party.

Law And The Emotions: The Problems Of Affective Forecasting, Jeremy A. Blumenthal

Indiana Law Journal

Legal scholarship on "behavioralism" and the implications of cognitive biases for the law is flourishing. In parallel with the rise of such commentary, legal scholars have begun to discuss the role of the emotions in legal discourse. This discussion often addresses the "appropriateness" of various emotions for the substantive law, or attempts to model the place of the emotions in the law. Implicit in some of these theories, however, and explicit in others, is the assumption that emotions are "predictable," "manageable, "and (for some commentators) under conscious control. This assumption is belied by psychological research on affective forecasting that demonstrates …

Akinbola E. Akinwumi On Sickness And Wealth: The Corporate Assault On Global Health By Meredith Fort, Mary Anne Mercer And Oscar Gish (Eds). Cambridge: South End Press, 2004. 237pp., Akinbola E. Akinwumi

Human Rights & Human Welfare

A review of:

Sickness and Wealth: The Corporate Assault on Global Health by Meredith Fort, Mary Anne Mercer and Oscar Gish (eds). Cambridge: South End Press, 2004. 237pp.

Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić

Human Rights & Human Welfare

This paper explores the domestic politics of international norm diffusion, using the global transmission of transitional justice norms as the empirical context of the research. Applying sociological institutionalism as the principal theoretical framework, I argue that the motivation of states to adopt international models of transitional justice has changed over time. The transitional justice norm - that posits that war crimes and massive human rights abuses must be dealt with in a proper legal setting and not through “victors’ justice” or impunity - was institutionalized in large part as the result of a strong domestic demand for transitional justice in …

Grinding Decline In Springfield: Is The Finance Control Board The Answer?, Robert Forrant

New England Journal of Public Policy

Springfield, Massachusetts, the Bay State’s third largest city, suffered staggering manufacturing job loss over the last thirty years of the twentieth century. In 2004, the financial impact of job loss, coupled with dubious fiscal management, plunged the city into near bankruptcy. In response, state government passed legislation appointing a Finance Control Board to manage city business. Wage freezes for City workers were continued and cuts in numerous essential services occurred to deal with the debt. But the question remains, can a Control Board approach grow a large stock of well-paying jobs — large enough to grow the city’s and the …

Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood

New England Journal of Public Policy

This article is taken from the unpublished autobiography of Robert Wood who served as Superintendent of Boston Public Schools from 1978 to 1980 during the difficult period when U.S. District Court Judge W. Arthur Garrity was overseeing court ordered desegregation of schools. After leaving the University of Massachusetts in January 1978, Robert Wood spent six months at the Harvard Graduate School of Education working on a book and considering a possible run for the United States Senate. Suggestion as to his next assignment, however, came from an unexpected source, as he describes below.

Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman

Brigham Young University Education and Law Journal

No abstract provided.

Pieces Of Pico: Saving Intellectual Freedom In The Public School Library, Richard J. Peltz

Brigham Young University Education and Law Journal

No abstract provided.