Law Commons^™

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.

Bioterrorism, Biodefense, And Biotechnology In The Military: A Comparative Analysis Of Legal And Ethical Issues In The Research, Development, And Use Of Biotechnological Products On American And British Soldiers., Ashley R. Melson

ExpressO

Despite the legal and ethical concerns raised, biotechnology continues to offer countless opportunities for enhancing military capabilities. As such, the research, development and utilization of biotechnological products are present realities in the U.S. and abroad, both within and outside of the defense context. However, testing and usage, as well as effective collaboration between Allies, calls for the resolution of complex and pressing issues presented by this intersection of science, technology, and human lives. Resolutions must take into account the history of abuses in military research, existing domestic and international legal and ethical safeguards, and a special respect for those serving …

Norms, Rationality, And Communication: A Reputation Theory Of Social Norms, Andreas Engert

ExpressO

Does the discovery of "law and social norms" necessitate breaking with the rational choice paradigm? In this paper, I argue for an answer in the negative. To this end, I propose a reputation theory of social norms, which differs from other proposals in two principal respects: First, it explains norms without any assumption of behavioral constraints (like habit or conscience) and normative motivations (like altruism or aspiration to esteem). Second, it does even without any assumption regarding model-exogenous, private information that most other reputation and signaling explanations use (such as the discount rate in Eric Posner's signaling model).

Instead, reputation …

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers In Support Of The Petition For Writ Of Certiorari, Joshua L. Dratel, Richard W. Garnett

Court Briefs

No. 03-44
Basim Omar Sabri v. United States of America

On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit

From the Statement of the Case

The relevant facts of this case, as well as its procedural history, are set out clearly and completely in Mr. Sabri' s Petition, in the Appendix to that Petition, and in the opinions of the courts below. See United States v. Sabri, 183 F. Supp. 2d 1145 (D. Minn. 2002), rev 'd, 326 F.3d 937 (8th Cir. 2003). For purposes of this amicus curiae …

Procreative Freedom And Convicted Criminals In The United States And The United Kingdom: Is Child Welfare Becoming The New Eugenics?, Elaine E. Sutherland

ExpressO

International law rightly accords procreative freedom a high order of respect and it is easy to understand why that is so. Eugenics, which was advanced initially with good intentions in the belief that it was, indeed, scientific, provides us with a clear example of the dangers that can result from failing to respect procreative freedom. Usually the law in the various parts of the US and the UK mirrors international law’s respect for procreative freedom. Another principle, promoted by international law and, again, given considerable prominence in US and UK jurisprudence, is that the welfare of the child is of …

The Guise Of Justice: Jurisdiction & Extradition Of Osama Bin Laden & Al Qaeda Terrorists, Matthew Greenwell

ExpressO

No abstract provided.

The Military -Judicial Nexus In Response To Terrorism: Kkk And Alqaeda, Wayne Mccormack

ExpressO

In considering the validity of "enemy combatant" status and military detention for alleged terrorists, several additional propositions emerge. Indefinite military detention of a US citizen arrested on US soil for a domestic crime is far beyond the pale of basic constitutional underpinnings. With respect to noncitizens and citizens captured overseas, military power is arguable but far from solid. In that event, why not take the route that does the least disruption to our system? Second, because the law abhors incoherence, we should be able to make coherent distinctions among alleged terrorists for the purpose of deciding who is tried in …

The Medicare Prescription Drug Proposals And Health Insurance Risk, Dawn Gencarelli

National Health Policy Forum

In order to facilitate a better understanding of the complex issues raised by Senate and House proposals to establish a prescription drug benefit for Medicare beneficiaries, this paper briefly addresses some fundamentals of the health insurance market, defines key risk-sharing mechanisms, including risk corridors and reinsurance, and identifies the relevant risk provisions in the bills. Other issues related to cost management strategies and program design, which may have an impact on cost and adverse selection, are also discussed.

Ibew, Local 2228 V Nav Canada, Innis Christie

Innis Christie Collection

The Employer withheld the Grievor's pay and benefits owing under the salary continuation provision of the Agreement for a period of 12 days because of his refusal to sign a consent form required by the Employer's third party provider authorizing release of the Grievor's medical information to the provider. The Union does not dispute that the Employer had the right to require that the form be signed, nor the employer's having withheld the pay until the form was signed. The Union's position is that once the Grievor signed the form he was entitled to the pay being withheld. The Employer's …

Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker

Presentations

The roundtable commemorates the 100th anniversary of the FTC's predecessor agency, the Bureau of Corporations. It was sponsored by the FTC's Bureau of Economics (BE) and focused on BE history and contributions of BE and economic analysis to antitrust and consumer protection enforcement, and to research and economic knowledge and policy. BE was featured because the original functions of the Bureau of Corporations were to collect information, to conduct industry and policy research, to prepare reports at the request of the Congress and the President. The panelists for the roundtable consisted of former BE Directors and Acting Directors from the …

Old Lyrics, Knock-Off Videos, And Copycat Comic Books: The Fourth Fair Use Factor In U.S. Copyright Law, Gregory M. Duhl

ExpressO

No abstract provided.

The Assumption Of Risk Doctrine, Liability-Limiting Statutes, And Skateboarding, David Amell

ExpressO

No abstract provided.

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.

Democracy's Global Quest: A Noble Crusade Wrapped In Dirty Reality?, Andrew K. Coleman, Jackson Nil Maogoto

ExpressO

The end of the Cold War and the apparent "victory" of democracy witnessed a dramatic increase in the number, diversity and proportion of states formally committed to democratic principles. Prominent international law scholars argued vigorously that representative government was now an international legal entitlement.

It is debatable that a right to pro-democratic action, that is intervention to promote democracy exist. The determined reaction of the United Nations and the Organization of American States to the September 1991 overthrow of popularly-elected Haitian President Jean-Bertrand Aristide, and the attendant discussion within the Organization of American States about the possible use of force …

The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, …

Vol. 25, No. 01 (September 2, 2003)

Indiana Law Annotated

No abstract provided.

An Agency Costs Theory Of Trust Law, Robert H. Sitkoff

Law & Economics Working Papers Archive: 2003-2009

This Article develops an agency costs theory of the law of private trusts, focusing chiefly on donative trusts. The agency costs approach offers fresh insights into recurring problems in trust law including, among others, modification and termination, settlor standing, fiduciary litigation, trust-investment law and the duty of impartiality, trustee removal, the role of so-called trust "protectors," and spendthrift trusts. The normative claim is that the law of trusts should minimize the agency costs inherent in locating managerial authority with the trustee and the residual claim with the beneficiaries, but only to the extent that doing so is consistent with the …

What Counts As Fraud? An Empirical Study Of Motions To Dismiss Under The Private Securities Litigation Reform Act, Adam C. Pritchard, Hillary Sale

Law & Economics Working Papers Archive: 2003-2009

This article presents the findings of a study of the resolution of motions to dismiss securities fraud lawsuits since the passage of the Private Securities Litigation Reform Act in 1995. Our sample consists of decisions on motions to dismiss in securities class actions by district and appellate courts in the Second and Ninth Circuits for cases filed after the passage of the Reform Act to the end of 2002. These circuits are the leading circuits for the filing of securities class actions and are generally recognized as representing two ends of the securities class action spectrum. Post-PSLRA, the Second Circuit …

Man Who Gave In To Jealous Wife's Demands By Firing Pregnant Secretary Committed Pregnancy Discrimination, Says The New York Court Of Appeals, Amanda Jordan

Buffalo Women's Law Journal

No abstract provided.

The New Afghan Constitution: "Equal Rights" For Women, Ann Davey

Buffalo Women's Law Journal

No abstract provided.

France: Human Rights, Religious Freedoms & A Secular Society?, Kristen Walder

Buffalo Women's Law Journal

No abstract provided.

Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan

Buffalo Women's Law Journal

No abstract provided.

Women In Clinical Trials—Where Are They?, Jillian Hemstock

Buffalo Women's Law Journal

No abstract provided.

Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis

Buffalo Women's Law Journal

No abstract provided.

I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman

Buffalo Women's Law Journal

No abstract provided.

Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.

Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova

Buffalo Human Rights Law Review

No abstract provided.

Human Rights And Post-Imperialism: Arguing For A Deliberative Legitimation Of Human Rights, Amy Bartholomew

Buffalo Human Rights Law Review

No abstract provided.

So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas

Faculty Publications and Presentations

A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …

Ensuring The Continuity Of The United States Government: The Presidency: Joint Hearing Before The Committee On The Judiciary And Committee On Rules And Administration, Senate, 108th Congress, Subcommittee On Constitutional Amendments; Committee On The Judiciary. Senate. United States.

Congressional Materials

Examines concerns about the Presidential Succession Act and proposals to revise procedures for a transfer of power in case of vacancies in the offices of President and Vice President.