Law Commons^™

Review Of Proposed Alliance Of Delta, Northwest, And Continental Airlines, Jonathan Baker, Albert Foer, Alfred Kahn

Amicus Briefs

Dear Secretary Mineta and Assistant Attorney General James: The American Antitrust Institute is an independent education, research, and advocacy organization that supports a positive role for antitrust in the national economy. We are taking the liberty of transmitting to you several questions that we believe need to be answered in the course of a thorough evaluation of the proposed alliance of Delta, Northwest, and Continental (“the DNC Alliance”). We emphasize that these are illustrative rather than exhaustive and that we have not reached an overall conclusion, which we believe must be dependant on an assessment of information that is not …

Controlling Corruption In International Business: The International Legal Framework, Padideh Ala'i

Working Papers

Since 1995, the anti-corruption movement has had success in developing a global legal framework to combat transnational bribery and corruption. A distinguishing feature of the current anti-corruption movement is its emphasis on the economic cost of corruption and the involvement of the international financial institutions such as the World Bank, the International Monetary Fund and regional development banks, in the efforts to combat corruption. As part of their efforts to combat corruption, international financial institutions have made effective anti-corruption reforms a prerequisite for future allocation of funds. The current anti-corruption movement has also been successful in enlisting the participation of …

Expanded Horizons: Memory, Memorials And Manhattan's Living Skyline, Kenneth Anderson

Book Reviews

Book Review of James Sanders, Celluloid Skyline: New York and the MoviesSome cities are characterized by their monuments. Paris is one, and Washington another. Unsurprisingly, these are also cities characterized by being the seat of government, cities of the State, urban spaces delineated by ministries, bureaucracies, courts of law, the architecture of administrative apparatus, devoted to governing in the present in part by mythologizing, monumentalizing, the past. The myth-making need not be dictatorial, let alonetotalitarian or Stalinist, in its architectural effect. Nor is it necessary that in order for monuments to be enjoyed aesthetically, the politics and ideologies which gave …

The Guatemalan Ways Of Death, Kenneth Anderson

Book Reviews

Book review of Allen J. Christenson, Art and Society in a Highland Maya Community; Garrett W. Cook, Renewing the Maya World: Expressive Culture in a Highland Town; Diane M. Nelson, A Finger in the Wound: Body Politic in Quincentennial Guatemala; June C. Nash, Mayan Visions: The Quest for Autonomy in an Age of Globalization.

Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul Williams, Karina Waller

Articles in Law Reviews & Other Academic Journals

In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia.

During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Reports

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings. …

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Empathy, Spring, And Fervorino, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Extending The Revisionist Project, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

An Intimate Portrait Of Peter M. Cicchino, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Clarence Thomas: The First Ten Years Looking For Consistency, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Articles in Law Reviews & Other Academic Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

Articles in Law Reviews & Other Academic Journals

The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Paradox Of Judicial Bypass Proceedings, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …

Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

Presentations

We assume a lot about the virtues of governance "from the bottom up." We trust in it as an antidote: to oppression from the other direction; to the kind of "top-down" planning that we blame for the tragedies of urban renewal; and to the hubris of any "helping professionals" who think they have good ideas about the way in which communities ought to be helped.' In short, we place a great deal of faith in the authenticity of the neighborhood-based organization as an engine of democracy. Less emphatically, we also (sometimes) assume that programs run by neighborhood-based organizations carry with …

Strengthening Access To Information And Public Participation In Transition Countries - Latvia As A Case Study In Administrative Law Reform, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.