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Articles 1 - 27 of 27
Full-Text Articles in Law
The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen
The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen
Scholarly Works
The United States often appears hypocritical in its commitment to International Law. It supports Nuremberg, Yugoslavia, and Rwandan tribunals, but opposes the International Criminal Court. It supports the creation of the United Nations, but seeks unilateral action in Iraq. This Essay explores these seeming contradictions in American stances toward international law. It argues that while such apparent hypocrisy might be explained by mere pragmatism, ideas prevalent in American foreign policy history seem to point in a more dangerous direction, that such divergent actions may actually be informed by a coherent, specifically American conception of international law. In particular, this Essay …
Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan
Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Recollections - University Of Florida Chapter Of Now, Edna Louise Saffy
Recollections - University Of Florida Chapter Of Now, Edna Louise Saffy
Saffy Collection - All Textual Materials
Recollections on Political activism in NOW. June 18, 2003.
University Of North Florida Journal: Desmond Tutu, In His Own Words. Spring, 2003, Office Of Institutional Advancement University Of North Florida, Office Of University Relations University Of North Florida
University Of North Florida Journal: Desmond Tutu, In His Own Words. Spring, 2003, Office Of Institutional Advancement University Of North Florida, Office Of University Relations University Of North Florida
UNF Journal
A look at Archbishop Tutu's wisdom and message of peace and education.
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
The Rise And Demise Of The Technology-Specific Approach To The First Amendment, Christopher S. Yoo
All Faculty Scholarship
This article examines how analytical, technological, and doctrinal developments are forcing the courts to reconsider their media-specific approach to assessing the constitutionality of media regulation. In particular, it offers a comprehensive reevaluation of the continuing validity of the Broadcast Model of regulation, which contains features, such as licensing and direct content regulation, that normally would be considered paradigmatic violations of the First Amendment. Specifically, the analysis assesses the theoretical coherence of the traditional justification for extending a lesser degree of First Amendment protection to broadcasting than to other media (i.e., the physical scarcity of the electromagnetic spectrum) as well as …
The United Nations And The Magna Carta For Children, Winston E. Langley
The United Nations And The Magna Carta For Children, Winston E. Langley
John M. McCormack Graduate School of Policy and Global Studies Publications
The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …
“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii
“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii
SJD Dissertation Abstracts
This study documents the long and sordid history of corruption--both perceived and corroborated--in the West Virginia political process. The researcher explores the considerable amounts of money spent by wealthy individuals for election or re-election. It documents the effect of high-cost elections, an effect which in many instances has spawned criminal activity. The author relates ostensibly ceaseless measures of corruption at the executive, legislative, and judicial levels. The findings indicate the existence of problems in West Virginia politics since the State's inception in 1863, including vote buying, vote rigging, undue geographical barriers, and lawlessness leading to numerous declarations of martial law. …
Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin
Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin
Faculty Scholarship
No abstract provided.
Delaney Amendment, Eric S. Yellin
Delaney Amendment, Eric S. Yellin
History Faculty Publications
In 1958, U.S. Representative James Delaney of New York added a proviso to the 1938 Federal Food, Drug, and Cosmetic Act declaring that the Food and Drug Administration cannot approve any food additive found to induce cancer in a person or animal.
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
All Faculty Scholarship
No abstract provided.
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Faculty Publications
In Federal Maritime Commission v. South Carolina State Ports Authority, the Supreme Court strongly articulated a new “dignity” rationale for state sovereign immunity. The article critiques this rationale and argues that it dissociates sovereign immunity from any constitutional grounding. However, in doing so, the rationale frees the Court to develop a more coherent theory of state sovereign immunity. The article explores how the dignity rationale might be used to develop such coherence.
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
All Faculty Scholarship
Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner
Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner
Journal Articles
No abstract provided.
Singapore: The Feel Good Factor - A Vital Element In The Meticulous Preparations For Leadership Change, Eugene Kheng Boon Tan
Singapore: The Feel Good Factor - A Vital Element In The Meticulous Preparations For Leadership Change, Eugene Kheng Boon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
Articles
Central to the United States government’s strategy after the September 11th attacks has been a shift from punishing unlawful conduct to pre-empting possible or potential dangers. This strategy threatens to undermine fundamental principles of both constitutional law and international law which prohibit certain government action based on mere suspicion or perceived threat. The law normally requires that the government wait until a person or nation has committed or is attempting to commit a criminal act before it may employ force in response. The dangers of a policy of preventive detention have been analyzed from a number of perspectives. Historians have …
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White
All Faculty Scholarship
No abstract provided.
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin
The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
All Faculty Scholarship
In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …
Final Report Of The Illinois Criminal Code Rewrite And Reform Commission, Paul H. Robinson, Michael T. Cahill
Final Report Of The Illinois Criminal Code Rewrite And Reform Commission, Paul H. Robinson, Michael T. Cahill
All Faculty Scholarship
The Governor of Illinois created a commission to examine the problems with Illinois criminal law and to rewrite the Illinois criminal code. This two-volume Final Report of the Illinois Criminal Code Rewrite and Reform Commission proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and the methods by which …
Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff
Final Report Of The Kentucky Penal Code Revision Project, Paul H. Robinson, Kentucky Criminal Justice Council Staff
All Faculty Scholarship
The Kentucky Criminal Justice Council, a constitutional body in Kentucky, undertook this project to examine the problems with Kentucky criminal law and to rewrite the Kentucky criminal code. This two-volume Final Report of the Kentucky Penal Code Revision Project proposes a new criminal code, in volume 1, together with an official commentary, in volume 2, that explains each provision and how and why it differs from existing law. The introduction to the Report summarizes the reasons for and the importance of criminal code reform, and describes the techniques used in this rewrite project, including both the project’s drafting principles and …
The Peace And Security Council Of The African Union: The Known Unknowns, Jeremy I. Levitt
The Peace And Security Council Of The African Union: The Known Unknowns, Jeremy I. Levitt
Journal Publications
The protocol establishing the Peace and Security Council of the African Union (AUPSC Protocol) will likely come into force in 2004 and will serve as the continent's first continent-wide, regional, collective security system. This article examines how African states chose to evolve the African Union regional collective security system. Particular attention is devoted to the concept of conflict management through military intervention in the AUPSC Protocol and relevant constitutive acts of African regional organizations. The first section analyzes key provisions of the Protocol. The second section contemplates the impact of the Protocol once it enters into force and the main …
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …
Mother Jones, Janet Butler Munch
Mother Jones, Janet Butler Munch
Publications and Research
Mother Jones was a union organizer and activist in the U.S. labor movement. She fought to alleviate the misery of workers in mines, railroad yards, factories, and mills across the country. Her reform efforts led to the abolition of child labor, acceptance of the eight-hour workday, and implementation of Social Security and the minimum wage.