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Articles 1 - 14 of 14
Full-Text Articles in Law
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Faculty Publications
No abstract provided.
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
Faculty Scholarship
The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …
Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56
Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56
Flag Day & Law Day Ceremonies
No abstract provided.
Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore
Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore
Faculty Scholarship
This Article examines the use of corporate culpability in the Federal Sentencing Guidelines and addresses three major questions: In light of the traditional unimportance of culpability in corporate criminal law, is corporate culpability an appropriate concern of the Guidelines? If so, how is corporate culpability best conceptualized? Finally, how do the Guidelines understand corporate culpability, and how close do they come to embodying this most satisfying theory? Part I of the Article discusses the principal reasons why culpability has been important at the trial and sentencing of individual criminals, and argues that similar reasons justify concern with culpability in the …
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
All Faculty Scholarship
No abstract provided.
A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow
A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman
The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
The Right To Education As An International Human Right, Jost Delbruck
The Right To Education As An International Human Right, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries
Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries
Faculty Law Review Articles
The question of a state's authority to legislate abortion extraterritorially may appear largely academic because of the United States Supreme Court's holding in Roe v. Wade, in which the Court prohibited states from restricting abortions in the first trimester of pregnancy.' At first glance, the Supreme Court's recent decision in Planned Parenthood v. Casey' appears to remove further the issue of extraterritorial abortion legislation from the states because the decision purportedly reaffirmed Roe.3 The Casey decision, however, does not preclude returning the abortion issue to the states. An extremely tenuous coalition of justices reaffirmed Roe, while a united group of …
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
Scholarly Works
Any inquiry into the merits of an international criminal court must start with resolving three basic issues:
1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?
2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?
3. Will the recommended system improve efficiency …
The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel
The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel
Other Publications
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …