Law Commons^™

Political Dynamics Within The Balkans: The Cases Of Bosnia & Herzegovina, Macedonia, Bulgaria, Serbia, And Montenegro, Lisen Bashkurti

Chicago-Kent Law Review

The Essay intends to analyze the regional and local political dynamics within the Balkans and focuses on the most problematic and disputable areas after the Cold War. Through analyses of individual states, bilateral relations, and regional relations, the author gives a broad and complex view of the current and future reconfiguration of the Balkans. Individual cases with contradictory political trends, interstate problems with reciprocal implications, regional "domino effects" of overall solutions, and local and international engagements to support the process in accordance with the modern trend of democratization and integration of the Balkans are included in the Essay's laboratory of …

The Insufficiency Of International Legal Personality Of Kosova As Attained Through The European Court Of Human Rights: A Call For Statehood, Iliriana Islami

Chicago-Kent Law Review

The Essay starts with the question whether the idea of a "sovereign state" should wither away in the face of new processes, namely globalization and human rights, processes which are sweeping the world. My conclusion is that the bureaucratic rationale of statehood allows citizens to improve their human rights through participation in a political process. If human rights are not respected, international law would support the national law system that is akin to statehood.

Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

Final status for Kosovo must include a mechanism for resolving claims incident to the breakup of Yugoslavia and the secession of Kosovo from Serbia. Models and theory drawn from other experiences with the dissolution of states provide only partial guidance for Kosovo because the earlier efforts tended to neglect private claims and tended to concern successor states where sovereignty was clearer than it has been during the period of international administration of Kosovo. The most attractive possibility for Kosovo is to establish an international tribunal modeled in part on the Iran and Iraqi claims tribunals, with some decision makers appointed …

Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek

Chicago-Kent Law Review

In view of the massive human rights violations experienced in Kosovo, the reconstruction of society and the final status of the territory have to be based on human rights and minority rights. Besides universal human rights instruments, European regional standards are of particular importance as Kosovo wants to be fully integrated into Europe. The Article identifies the relevant European and international standards and procedures and finds shortcomings with regard to guarantees on economic, social, and cultural rights, which are an indispensable element of human security.

It then compares the role given to human and minority rights in the Constitutional Framework …

Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani

Chicago-Kent Law Review

State building of the union between Serbia and Montenegro represents the biggest challenge for peace and stability in the Balkans and beyond, with the issue of an unsettled Kosovo as an everlasting indicator of that challenge. The USM Agreement alone is not enough to produce the desired results. Only an overall, nonterritorial restructuring of Kosovar society along the principles and norms of the rule of law, democracy, and the respect for human and minority rights can produce the desired results. An approach based on new internal territorial divisions, such as the ongoing process of decentralization, can only further exacerbate the …

Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda

Chicago-Kent Law Review

Five years after the end of the conflict in Kosova, final status remains an object of discussion. The author elaborates several options that have been proposed by analysts, diplomats, and various forums. The author argues that final status must be based on the factors that influence the creation of states and on the principles behind any democratic and just solution concerning statehood: uti possidetis, the ethnic principle, and the right to self-determination.

The Designation Of "Distinct Population Segments" Under The Endangered Species Act In Light Of National Association Of Homebuilders V. Norton, Katherine M. Hausrath

Chicago-Kent Law Review

The term "distinct population segment" in the Endangered Species Act has no defined scientific meaning. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have jointly promulgated a policy requiring a distinct population segment to be both: (1) discrete and (2) significant. However, the implementation of this policy has led to inconsistent listing decisions and the failure to list distinct populations of species that require protection under the Endangered Species Act. These problems are clearly illustrated in National Association of Homebuilders v. Norton, in which the plaintiffs sued the U.S. Fish and Wildlife Service in district …

Water Marketing In Western Prior Appropriation States: A Model For The East, James L. Huffman

Georgia State University Law Review

No abstract provided.

The Mitrovica Dilemma, Verena Knaus

Chicago-Kent Law Review

This Essay is intended as a thought-provoking contribution to an open discussion on Europe's relationship with Kosovo in the future. The main arguments are based on research undertaken by the European Stability Initiative ("ESI") as part of the Lessons Learned and Analysis Unit, a joint project between ESI and the European Union Pillar of UNMIK. More information on ESI and the Lessons Learned and Analysis Unit can be found on www.esiweb.org.

Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati

Chicago-Kent Law Review

The Criminal Code and Criminal Procedural Code of Kosovo, together with other laws from the fields of criminal and procedural law, provide protection of human rights to all of Kosovo's citizens based on the most advanced international standards of human rights. The Criminal Code of Kosovo increases the number of human rights and freedoms that are protected by law. The most important human rights and freedoms that benefit from this protection are the right to life and security of the person; fundamental rights and freedoms; and the rights to honor, reputation, personal dignity, marriage, family, and health. In the Criminal …

Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe

Chicago-Kent Law Review

The Article explores ways to ensure the future economic viability and the territorial integrity of Kosovo, whether as an independent state or as an entity with autonomous powers under the sovereignty of Serbia. The Article discusses the experiences of the European Union and MERCOSUR economic integration projects that have led to permanent peaceful relations among the participating countries, and contributed to overcoming historically bitter rivalries and conflicts. In examining the EU experience, the Article explores how supranational institutions coupled with the concept of subsidiarity have heightened regional autonomy within existing national states and made demands for secession both redundant and …

The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci

Chicago-Kent Law Review

The Article argues in support of the Kosovar Albanians' right to independence and self-determination. By examining the ancient and recent ethnic history of these people and their neighbors, particularly the Serbs, the author brings to light the shared beliefs within each group. Then by examining developments since the dissolution of the Federal Republic of Yugoslavia, through the lenses of international law and politics, the author analyzes the building blocks of sovereign statehood: defined borders, governmental institutions, and international recognition.

A Strategy For Renewing Franchise Negotiations In Kosovo, Matthew V. Topic

Chicago-Kent Law Review

A group of Kosovar entrepreneurs recently attempted to purchase a franchise of a U.S. business. While the presence of such a business would benefit Kosovar economic development, the Kosovar entrepreneurs were quickly denied by the U.S. company. It is unclear, however, whether U.S. trademarks are protected against unauthorized use in Kosovo, either under U.S. or Kosovar law, and it is possible that the entrepreneurs could use the franchise mark regardless of the rejection.

This Note explores the consequences of such unauthorized use. It examines both the uncertain nature of Kosovar trademark law and the nuances of extraterritorial application of the …

Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser

Chicago-Kent Law Review

The Federal Circuit has been widely criticized for unrelenting formalism. Perhaps because Congress charged the court with establishing national uniformity in areas of the law where uniformity was lacking, the Federal Circuit has often expressed a significant preference for bright-line rules. According to many critics, this preference has come at the expense of fairness. In two relatively recent decisions, the Federal Circuit has expanded its formalism into the area of contracts of adhesion, a topic it had not had the opportunity to consider before. This Note examines those two decisions, the formalistic approach taken by the Federal Circuit, and the …

The Mistakes In Locke V. Davey And The Future Of State Payments For Services Provided By Religious Institutions, Thomas C. Berg, Douglas Laycock

Tulsa Law Review

No abstract provided.

Locke V. Davey And The Lose-Lose Scenario: What Davey Could Have Said, But Didn't, Frank S. Ravitch

Tulsa Law Review

No abstract provided.

Locke V. Davey: States' Rights Meet The New Establishment Clause, Martin H. Belsky

Tulsa Law Review

No abstract provided.

From Everson To Davey: The Road Is Long, With Many A Winding Turn, That Leads Us To Who Knows Where, Who Knows When, Carol A. Hudson

Tulsa Law Review

No abstract provided.

Locke V. Davey: The Connection Between The Federal Blaine Amendment And Article I, 11 Of The Washington State Constitution, Mark Edward Deforrest

Tulsa Law Review

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Smarter Sentencing: On The Need To Consider Crime Reduction As A Goal, Michael Marcus

Court Review: Journal of the American Judges Association

In February, 2004, Oregon Governor Ted Kulongoski directed a newly created “Public Safety Review Steering Committee” to “look at our public safety system from beginning to end” and to develop “strategies to make the system stronger” wherever it does not sufficiently protect Oregonians. In common with many states, Oregon long ago adopted a modification of the penal code to declare crime reduction among the purposes of sentencing. And in common with many states, Oregon has adopted a sentencing guidelines model that roughly directs sentencing to reflect crime seriousness, criminal history, and prison resources—largely or entirely ignoring crime reduction. Apparently in …

Court Review: Volume 40, Issue 3-4 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Editor's Note

Court Review: Journal of the American Judges Association

With this double issue—and coming issues on jury reform and judicial independence in the trial court—we will be back on schedule by the time of the American Judges Association’s annual conference in October in San Francisco. I have appreciated your patience as our publication schedule has lagged behind the calendar; I have also appreciated the many kind comments we’ve received regarding the quality of the articles you have received.

Court Review: Volume 40, Issue 3-4 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Court Gazing: Features Of Diversity In The U.S. Supreme Court Building, Hongxia Liu

Court Review: Journal of the American Judges Association

“Diversity is its strength, just as it is the strength of America itself,” wrote Justice Sandra Day O’Connor about the United States Supreme Court.1 The Court’s strength of diversity is manifested in various ways. To its thousands of visitors, the Supreme Court Building itself is perhaps the first and foremost exhibition of that strength of diversity.

In the nation’s highest court, high above the bench, are the figures of 18 historical lawgivers depicted in marble friezes. These 18 lawgivers are of different races and ethnicities, from Hammurabi to Moses to Confucius to John Marshall. They stand parallel, representing diverse legal …

Court Review: Volume 40, Issue 3-4 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 40, Issue 3-4 - How Useful Is The New Aggressive Driving Legislation?, Victor E. Flango, Ann L. Keith

Court Review: Journal of the American Judges Association

Aggressive driving usually refers to a disregard for others on the road and is distinguished from the more extreme “road rage,” which involves violent, criminal acts. Nevertheless, with an 1,800 reported incidents of violent road behavior involving the use of an automobile in the United States in 1996, it is a national problem requiring attention. Aggressive driving is responsible for more than 27,000 fatalities per year as well as over 3,000,000 injuries, costing over $150 billion dollars.

A survey of 6,000 drivers by the National Highway Traffic Safety Administration (NHTSA) found that 60% of the drivers interviewed believed that unsafe …

Court Review: Volume 40, Issue 3-4 - Problem-Solving Supervision: Specialty Probation For Individuals With Mental Illnesses, John Petrila, Jennifer L. Skeem

Court Review: Journal of the American Judges Association

One of the most important developments in American law over the last decade has been the exponential growth of problem-solving courts. Such courts achieve efficiencies by consolidating certain types of cases before specially designated judges. Additionally, in many instances, problem-solving courts adopt a therapeutic focus by attempting to achieve outcomes (e.g., obtaining treatment for a defendant) that go beyond the traditional goals of the judicial system. A recent commentary in this journal noted that “problem-solving courts generally focus on the underlying chronic behaviors of criminal defendants.” These courts include, but are not limited to drug courts, mental health courts, domestic …

Court Review: Volume 40, Issue 3-4 - Racial And Ethnic Bias In The Courts: Impressions From Public Hearings, Elizabeth Neeley

Court Review: Journal of the American Judges Association

Attitudes toward the courts can affect the way individuals perceive their role in the justice system: their willingness to comply with laws, report crimes, file legal suits, serve as jurors, and so on. In short, a positive public perception of the courts is “critical to the maintenance and operation of the judicial system.” Given the import of these perceptions, a substantial body of research has examined the factors that explain differing levels of support for the court system. Although many of these studies examine national samples or examine attitudes toward the U.S. Supreme Court, it is beyond the scope of …

Court Review: Volume 40, Issue 3-4 - President’S Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

I have just returned from the annual meeting of the Canadian Association of Provincial Court Judges (CAPCJ) in Whitehorse, Yukon Territory. I must first tell you what a wonderful group of judges I met in Canada. I made many new friends and was treated as an old friend. I later realized that this treatment was not due to my overwhelming personality but to the fact that the AJA is respected by Canadian judges and has a great reputation in Canada. Thus the AJA president is treated as a friend.