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Full-Text Articles in Law

Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth Dec 2003

Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth

Paul Williams

While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …


Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann Dec 2003

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann

Paul Williams

No abstract provided.


Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams Dec 2003

Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams

Paul Williams

As the situation in Iraq continues to stabilize, the people of Iraq will turn to the task of reconstituting an Iraqi state. One of the first steps in this process will be to design, agree upon, and implement a new constitutional structure. While drafting a new constitution is a difficult and contentious process for any country, the challenges are substantially magnified for Iraq given its complex mosaic of ethnic and religious identities, the history of repression under Saddam Hussein, the necessary presence of American forces, and Iraq’s complex relations with its neighboring states. The overriding tension faced by the drafters …