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Articles 1 - 14 of 14
Full-Text Articles in Law
October 2, 2008: Religulous--Are People Killing Each Other Over Religon?, Bruce Ledewitz
October 2, 2008: Religulous--Are People Killing Each Other Over Religon?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religulous--Are People Killing Each Other Over Religon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 19, 2008: Who Lost Ukraine?, Bruce Ledewitz
September 19, 2008: Who Lost Ukraine?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Who Lost Ukraine?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 7, 2008: Victory In Iraq, Bruce Ledewitz
September 7, 2008: Victory In Iraq, Bruce Ledewitz
Hallowed Secularism
Blog post, “Victory in Iraq“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn
A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn
South Carolina Law Review
No abstract provided.
Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit
Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit
William & Mary Environmental Law and Policy Review
No abstract provided.
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
Faculty Working Papers
This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability of …
The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy
The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy
Jackson Nyamuya Maogoto
As an undeclared arm of the state, the PMC is politically expedient having proved to be highly advantageous in certain circumstances when states wish to engage in surreptitious or unpopular violence, yet easy to condemn when states need to gather political capital. In other words, the PMC has become an integral actor in the system of governance at both national and international levels. Such corporations, at least at one level, represent the evolution, globalization, and corporatization of the age-old mercenary trade. The worry, of course, is that they operate without the public scrutiny appropriate for military actors. Indeed, the matter …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Faculty Scholarship
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Articles in Law Reviews & Other Academic Journals
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Journal Articles
The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.
The article also tells how in each …
Disability, Eugenics, And The Culture Wars, Paul A. Lombardo
Disability, Eugenics, And The Culture Wars, Paul A. Lombardo
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Changing Role Of The State In The British Economy Between 1914 And 1921, Javier Agudo
The Changing Role Of The State In The British Economy Between 1914 And 1921, Javier Agudo
Javier Agudo
The First World War represented the first high profile war that took place after the developed world had experienced the Industrial Revolution, and the international economic relations between countries had never been so strong. Based principally in the work by R. H. Tawney "The abolition of economic controls, 1918-1921" (Tawney; 1943), I am going to try to explain in this essay the role of the state during the conflict and how the Government reacted to the different problems that aroused in this period.