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2004

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Articles 1861 - 1890 of 9707

Full-Text Articles in Law

From A Pakistani Stationhouse To The Federal Courthouse: A Confession's Uncertain Journey In The U.S.-Led War On Terror, Jonathan F. Lenzner Jul 2004

From A Pakistani Stationhouse To The Federal Courthouse: A Confession's Uncertain Journey In The U.S.-Led War On Terror, Jonathan F. Lenzner

Cardozo Journal of International and Comparative Law

The global fight against terrorism has led to unprecedented international cooperation, particularly between the U.S. and both traditional and non-traditional allies, highlighting the tension between gathering intelligence to prevent attacks and preserving evidence for prosecution. This collaboration, while crucial, faces legal challenges, including the admissibility of evidence obtained through foreign interrogations and human rights concerns regarding interrogation practices. The effectiveness of civilian courts in handling terrorism cases is questioned, suggesting potential alternatives like military commissions.

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North Korea: Analyzing The "New" Nuclear Threat, Erik Raines Jul 2004

North Korea: Analyzing The "New" Nuclear Threat, Erik Raines

Cardozo Journal of International and Comparative Law

The note examines the challenges the United States faces in addressing North Korea's nuclear program, emphasizing the need for a diplomatic approach to prevent regional instability and proliferation. It highlights the historical context of North Korea's violations of international agreements and the complexities of U.S. policy, advocating for dialogue and cooperation to achieve denuclearization.

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Universal Jurisdiction And The Concept Of A Fair Trial Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg Jul 2004

Universal Jurisdiction And The Concept Of A Fair Trial Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg

Faculty Scholarship

It is the overall goal of this article to assess and evaluate concepts of universal jurisdiction and the interrelated right to a fair trial within the capsule of Prosecutor v. Niyonteze. This article analyzes the Niyonteze trial both within a framework of comparative law and against contemporary international law theories of universal jurisdiction and fair trial standards. In this article the term "due process" is subsumed into the larger concept of a fair trial. Likewise, a specific theory of universal jurisdiction is adopted. While universal jurisdiction and the right to a fair trial are often seen as exclusive areas, this …

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Analyzing The Constitutional Tensions And Applicability Of Military Rule Of Evidence 505 In Courts-Martial Over United States Service Members: Secrecy In The Shadow Of Lone Tree, Joshua E. Kastenberg Jul 2004

Analyzing The Constitutional Tensions And Applicability Of Military Rule Of Evidence 505 In Courts-Martial Over United States Service Members: Secrecy In The Shadow Of Lone Tree, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes MRE 505 in both a comparative and Constitutional context. Part I provides a procedural overview of both MIRE 505, and its federal counterpart, CIPA, for protecting evidence vital to national security in the criminal court context. Both mechanisms for protecting sensitive information are analyzed for their efficiency from a prosecutorial perspective. Part II analyzes the defendant's twin Constitutionally-based rights to present a complete defense and to a public trial. MRE 505, impacts to some degree, these twin rights. Part III then reviews the legal framework of MRE 505 within the salient Lonetree case. Within the context of …

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Fallacies Of American Constitutionalism, Christian G. Fritz Jul 2004

Fallacies Of American Constitutionalism, Christian G. Fritz

Faculty Scholarship

Fallacies of American Constitutionalism' examines the pervasive assumptions in the scholarship of historians, lawyers, and political scientists that impute the central role of the federal Constitution to how Americans understood written constitutions after their Revolution. American struggles to come to grips with the meaning of the sovereignty of the people before and after 1787 reveals very different views about the people as the sovereign from those reflected in the federal Constitution and dispel the notion that our prevailing constitutional view is an unbroken chain stretching back to 1787.

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Conflict Of Laws (2004), James P. George, Anna K. Teller Jul 2004

Conflict Of Laws (2004), James P. George, Anna K. Teller

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflicts cases from Texas state and federal courts during the Survey period from October 1, 2002, through November 1, 2003. The article excludes cases involving federalstate conflicts, intrastate issues such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases …

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Aspirational Law, Philip Harvey Jul 2004

Aspirational Law, Philip Harvey

Buffalo Law Review

No abstract provided.

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Introduction, David A. Westbrook Jul 2004

Introduction, David A. Westbrook

Buffalo Law Review

No abstract provided.

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Reading Quicksilver: A Response To Pierre D'Argent, David A. Westbrook Jul 2004

Reading Quicksilver: A Response To Pierre D'Argent, David A. Westbrook

Buffalo Law Review

No abstract provided.

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Which Law Through Which War? Law Through War Revisited, Pierre D'Argent Jul 2004

Which Law Through Which War? Law Through War Revisited, Pierre D'Argent

Buffalo Law Review

No abstract provided.

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Law, Economics, And The Theory Of The Firm, Michael J. Meurer Jul 2004

Law, Economics, And The Theory Of The Firm, Michael J. Meurer

Buffalo Law Review

No abstract provided.

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A Woman's World: What If Care Work Were Socialized And Police And Fire Protection Left To Individual Families?, Richard Michael Fischl Jul 2004

A Woman's World: What If Care Work Were Socialized And Police And Fire Protection Left To Individual Families?, Richard Michael Fischl

Buffalo Law Review

No abstract provided.

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Charity Begins In Washington, D. C., Edward L. Rubin Jul 2004

Charity Begins In Washington, D. C., Edward L. Rubin

Buffalo Law Review

No abstract provided.

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My Dinner At Langdell's, Pierre Schlag Jul 2004

My Dinner At Langdell's, Pierre Schlag

Buffalo Law Review

No abstract provided.

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From High In The Paper Tower, An Essay On Von Humboldt's University, John Henry Schlegel Jul 2004

From High In The Paper Tower, An Essay On Von Humboldt's University, John Henry Schlegel

Buffalo Law Review

No abstract provided.

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Agenda Setting In Supreme Court Tax Cases: Lessons From The Blackmun Papers, Nancy C. Staudt Jul 2004

Agenda Setting In Supreme Court Tax Cases: Lessons From The Blackmun Papers, Nancy C. Staudt

Buffalo Law Review

No abstract provided.

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Arctic National Wildlife Refuge Oil: Canadian And Gwich'in Indian Legal Responses To 1002 Area Development, Michael T. Delcomyn Jul 2004

Arctic National Wildlife Refuge Oil: Canadian And Gwich'in Indian Legal Responses To 1002 Area Development, Michael T. Delcomyn

Northern Illinois University Law Review

The Arctic National Wildlife Refuge in Alaska contains an area commonly referred to as the 1002 area. This area contains millions barrels of oil but is currently protected from oil development by Congress. Many groups support opening the 1002 area for development, including the state of Alaska and the Bush administration. Those opposing any potential oil development include the Canadian government and the Gwich'in Indians. Were Congress to open the 1002 area for development, Canada and the Gwich'in would probably take legal action to prevent potential harms associated with the drilling. Both Canada and the Gwich 'in are concerned primarily …

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Caught In A Paradox: Problems With Grutter's Expectation That Race Conscious Admissions Programs Will End In Twenty-Five Years, Christopher J. Schmidt Jul 2004

Caught In A Paradox: Problems With Grutter's Expectation That Race Conscious Admissions Programs Will End In Twenty-Five Years, Christopher J. Schmidt

Northern Illinois University Law Review

In Grutter v. Bollinger, the Supreme Court recently upheld the use of race in academic admissions programs while apparently setting a twenty-five year time limit on its use. The Court's opinion creates a paradox as the reasoning allowing race to be used in admissions programs contradicts a time limit for such programs. The Court found achieving a diverse student body to be a compelling state interest justifying race-conscious admissions programs. The benefits of diversity that the Court mentioned (better race relations, better learning outcomes, better professionals and better leaders) will still exist in twenty-five years, thus, the apparent time limit …

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Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam Jul 2004

Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam

Northern Illinois University Law Review

To set the stage for this symposium on emerging issues in equal protection, this article introduces the reader to the historic cultural and philosophical origins of the notion of equality in western civilization, the antebellum state jurisprudence on equal protection under law, and the evolution of the meaning and use of the equal protection clause from the passage of the Fourteenth Amendment to the present.

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The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White Jul 2004

The 1851 Shipowners' Limitation Of Liability Act: Should The Courts Deliver The Final Blow?, Mark A. White

Northern Illinois University Law Review

This comment identifies the 1851 Shipowners' Limitation of Liability Act as an enduring problem within federal maritime law and suggests that the courts may be able to exercise their powers of judicial review to strike it down. The Act was initially adopted at a time when American shipowners were in dire need of protection from potentially ruinous lawsuits. The Act, although hastily drawn, was imperative to the growth of the fledgling American shipping industry. By the end of the nineteenth century, however, numerous forms of liability insurance had been created and America saw the advent of the corporate form. These …

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Vol. 24, No. 3, Summer 2004: Table Of Contents, Northern Illinois University Law Review Jul 2004

Vol. 24, No. 3, Summer 2004: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

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Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 12, Iss. 1 Jul 2004

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 12, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

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Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne Jul 2004

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …

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Should Governments Play Robin Hood? The Effects Of The Repeal Of The Estate Tax On Wealth Apportionment, Mark Bernstein Jul 2004

Should Governments Play Robin Hood? The Effects Of The Repeal Of The Estate Tax On Wealth Apportionment, Mark Bernstein

Cardozo Journal of International and Comparative Law

The note explores the debate surrounding wealth disparity and the effectiveness of taxes, such as the estate tax and net wealth tax, in addressing this issue. It examines the historical and contemporary arguments for and against these taxes, drawing comparisons between the U.S. and countries like Japan, Sweden, and Switzerland. The analysis highlights the tension between reducing wealth inequality and maintaining economic growth, ultimately suggesting that a well-structured net wealth tax could be a viable solution to both redistribute wealth and generate revenue.

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Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis Jul 2004

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

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Donating "Blood Money": Fundraising For International Terrorism By United States Charities And The Government's Efforts To Constrict The Flow, Montgomery E. Engel Jul 2004

Donating "Blood Money": Fundraising For International Terrorism By United States Charities And The Government's Efforts To Constrict The Flow, Montgomery E. Engel

Cardozo Journal of International and Comparative Law

The note examines the U.S. government's use of blocking orders against charitable organizations suspected of supporting terrorism, arguing that while such orders are effective in disrupting terrorist financing, they raise significant concerns about due process, transparency, and the equitable treatment of Muslim-American donors. The author advocates for a shift toward criminal prosecution as a more effective and equitable strategy, balancing national security with civil liberties.

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Class Schedule - Summer 2004, Office Of Registrar Jul 2004

Class Schedule - Summer 2004, Office Of Registrar

Semester Schedules and Information

No abstract provided.

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Scuba Shellfishing Ban Withstands Challenge, Lance Young Jul 2004

Scuba Shellfishing Ban Withstands Challenge, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.

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Evolution, Politics And Law, Bailey Kuklin Jul 2004

Evolution, Politics And Law, Bailey Kuklin

Faculty Scholarship

No abstract provided.

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Boldly Going Where No Law Has Gone Before: Call Centres, Intake Scripts, Database Fields, And Discretionary Justice In Social Assistance, Lorne Sossin Jul 2004

Boldly Going Where No Law Has Gone Before: Call Centres, Intake Scripts, Database Fields, And Discretionary Justice In Social Assistance, Lorne Sossin

Osgoode Hall Law Journal

This article focuses on the response of public law to bureaucratic disentitlement. Whether eligibility decisions for social welfare benefits are made on the basis of a face to face interview or telephone intake screening at a call centre, whether the questions are onerous for vulnerable applicants to answer, whether the bureaucratic hurdles can reasonably be surmounted or lead to the de facto exclusion of otherwise eligible applicants, all constitute questions which should be fundamentally intertwined with the question of whether a discretionary decision is legally valid. This is so not only because service delivery models and administrative design may determine …

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