Law Commons^™

Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater

University of Miami International and Comparative Law Review

No abstract provided.

Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte

University of Miami International and Comparative Law Review

No abstract provided.

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

University of Miami International and Comparative Law Review

No abstract provided.

Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Smugglers' Landscape: Geography, Route Selection And The Global Heroin Trade, James Dallis Medler

Graduate Program in International Studies Theses & Dissertations

This study focuses on transnational smuggling, and puts forth an analytical framework from the smugglers' perspective with respect to route selection, focusing primarily on aspects of economic, political, and human geography. It is predicated on three interconnected decision-making domains that constitute the smuggler's operational landscape, namely access, risk and connectivity, which interact to drive the smugglers' perceptions of route attractiveness. The first two domains operate reciprocally, primarily at the national level of analysis, and together both shape and are shaped by the third at the transnational level to form a feedback loop. With respect to connectivity, the convention of the …

The Complex Context Of Contract Law, Alberto Salazar Valle

Osgoode Hall Law Journal

No abstract provided.

Space Cooperation Under Anarchy: Commercialization Of Outer Space And Space Security In The Post-Cold War Era, Irina V. Louts

Graduate Program in International Studies Theses & Dissertations

The 20th century brought the most horrific weapons and most devastating wars in the history of human civilization. It also gave us the most breathtaking discoveries and technological breakthroughs, including the opening up of outer space to human reach. The commercialization of outer space is one of the most significant developments of our time, giving us an opportunity to put the richness of this medium to the betterment of human conditions on Earth on an increasingly widening scale.

Technological advances have also made space more important militarily. A puzzle now is whether the commercialization of outer space facilitates international cooperation …

Court Review: Volume 41, Issue 2 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 41, Issue 2 - Some Thoughts On The Problems Of Judicial Elections, Jeffrey Rosinek

Court Review: Journal of the American Judges Association

Election season is within sight again, and with it come the obligatory attacks on the judiciary. Some call it simply campaigning or electioneering, while others believe it is more serious and a form of “judge bashing.” Whatever name the problems are given, the entire election process may have a marked effect on the independence of our judiciary, as well as the ethics of judges and judicial candidates. And in the end, because these problems affect the public’s faith in the judicial system, they must be addressed.

The Effects Of Firearm Use On Police Officers, Quinn M. Beers

Sociology & Criminal Justice Theses & Dissertations

The use of firearms by police officers is a subject that has not received much attention in past research. It is a rare occurrence for police officers to have fire their weapon in the line duty, which has also made this area of law enforcement difficult to study. In addition, little data is kept on the extent of firearm use by police officers. Several theories have been proposed to explain firearm use by police officers as well as how officers decide to use their weapon or not.

Ninety-two police officers from the city of Newport News, Virginia completed a survey …

The Demise Of Corrections Fifteen Years On: Any Hope For Progressive Punishment?, Mark Findlay

Research Collection Yong Pung How School Of Law

A decade and a half ago I wrote an article entitled The Demise of Corrections (Findlay 1988). The central thesis was that penal correctionalism had failed because it was piecemeal and lacked the support of a well developed commitment to alternative strategies to the prison. The criticism is sharper in the current context of imprisonment in NSW where correctional expectations continue to disappoint (and be disappointed), despite a recent revival of interest in 'what works' offender management programmes.

Exceptions, Lawrence Raful

Scholarly Works

No abstract provided.

The Uniqueness Of Foreign Affairs, Jide Nzelibe

Public Law and Legal Theory Working Papers

This Article attempts to explain and justify the exceptional treatment that courts accord foreign affairs issues under the political question doctrine. For the most part, academic commentators have attacked the political question doctrine, arguing that the doctrine is both incoherent and inconsistent with the Marbury tradition of judicial review. Challenging the conventional academic wisdom, this Article contends that institutional competence considerations continue to warrant broad application of the doctrine in the foreign affairs context. More specifically, this Article argues that the power-based nature of most international policy decisions continues to constrain the power of the courts to adjudicate on foreign …

Disaggregating 'War', Derek Jinks

Public Law and Legal Theory Working Papers

This Term, the Supreme Court addressed several important questions regarding the role of law and legal institutions in the “war on terrorism.” Specifically, the Court issued important rulings concerning (1) the scope of the President’s war powers; (2) the rights of enemy combatants; and (3) the proper role of courts in time of war. Much remains unresolved by the Court’s opinions, but several basic propositions about the legal concept of “war” are reaffirmed. Presidents enjoy some extraordinary powers in time of war; the role of the judiciary is diminished in some important respects (but not extinguished) in time of war; …

The Use Of Conventional International Law In Combating Terrorism: A Maginot Line For Modern Civilization Employing The Principles Of Anticipatory Self-Defense & Preemption, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes the existing concepts of the right of self-defense and preemption under international law. Part I quickly reviews both the evolution of warfare and the state of religious-based terrorism. The former presents a useful starting point for understanding customary international law and its subset, generally referred to as "the laws and customs of war. Customary international law provides context to the application and shortcomings of contemporary codified international law, and, therefore, serves an important heuristic function in understanding the international legal limits on combating this increasingly frequent form of terrorism. In the end, this article concludes that both …

John Hart Ely: Fathers And Sons, Anthony V. Alfieri

University of Miami Law Review

No abstract provided.

Ely's Gifts, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.

Tribute, Frances R. Hill

University of Miami Law Review

No abstract provided.

Re: Person I Knew, Lili Levi

University of Miami Law Review

No abstract provided.

Ely, Delillo, And The Distrusted Moments Of Our Democracy, Jonathan Simon

University of Miami Law Review

No abstract provided.

Changing Invention Economics By Encouraging Corporate Inventors To Sell Patents, William A. Drennan

University of Miami Law Review

No abstract provided.

The Inherent Flaws In The Inherent Authority Position: Why Inviting Local Enforcement Of Immigration Laws Violates The Constitution, Fla. St. U. L. Rev., Huyen Pham

Faculty Scholarship

In the fanfare that surrounded the announcement of the National Security Entry-Exit Registration System,' Attorney General John Ashcroft's comment that the Department of Justice (DOJ) would ask state and local police to enforce both civil and criminal immigration laws seemed like an afterthought. State authorities, DOJ concluded, have "inherent authority" as sovereign entities to enforce these laws, though Ashcroft was careful to limit this invitation to local participation only to "our narrow anti-terrorism mission."

But to attorneys, law enforcement officers, and others working in the immigration field, Ashcroft's announcement was a bombshell. Not only was DOJ's announced position a reversal …

False Conflicts And Faulty Analyses: Judicial Misuse Of Governmental Interests In The Second Restatement Of Conflict Of Laws, James P. George

Faculty Scholarship

The Second Restatement of Conflict of Laws has the irony of dominating the field while bewildering its users. The result is a set of choice-of-law decisions so lacking in uniformity that the Second Restatement's balancing test has become chimeric, taking on vastly different forms in different courts. Erratic applications may be partly due to its code-like function, which can require the application of two or more black letter sections, each with multiple analytical steps. Critics also point to the political and academic compromises that pervaded the American Law Institute's drafting process for this project, leading to ambiguity in some sections. …

The Future Of German Labor Relations: Lessons German Unions Can Learn From American Failures, Cara Waldman

Connecticut Journal of International Law

On June 28, 2003, IG Metall, the German metalworkers union representing over 2.5 million workers in East and West Germany,' announced its biggest defeat since 1954. Thousands of metalworkers in East Germany, who went out on strike four weeks prior, returned to work.2 They were negotiating for a thirty-five-hour work week, gradually phased in by 2009, which would bring East German workers on par with their counterparts in West Germany.

Negotiations between IG Metall and the employer associations over a shorter work week began in January 2003.4 Employers took a hard line and negotiations went nowhere, even after IG Metall …

The South African Constitutional Court's Construction Of Socio-Economic Rights: A Response To Critics, Mark S. Kende

Connecticut Journal of International Law

The new South African Constitution has received praise and international attention.' It provides numerous socio-economic rights which have been held to be judicially enforceable by the South African Constitutional Court, such as the right to housing2 and the right to health care.' The Constitutional Court, therefore, has done exactly what the U.S. Supreme Court has said courts cannot and should not do - enforce socio-economic rights.

American scholars typically criticize judicially enforceable socio-economic rights as infringing on separation of powers and taxing judicial competency.- I have argued elsewhere that this criticism is incorrect,6 as have other scholars, perhaps most notably …

Increasing Extraterritorial Intrusion Of European Union Authority Into U.S. Business Mergers And Competition Practices: U.S. Multinational Businesses Underestimate The Strength Of The European Commission From G.E.-Honeywell To Microsoft, Barbara Crutchfield George, Lynn Vivian Dymally, Kathleen A. Lacey

Connecticut Journal of International Law

In dealing with Europe in business matters, the U.S. has played a dominant role for many years. The Europe of today, however, is more united economically, socially, and politically than ever. The new order requires that U.S. corporate managers adopt a different attitude in dealing with the European Union (E.U.), which is steadily increasing its power. The genesis of increasing European power with respect to the U.S. began imperceptibly in 1957 with the signing of the initial Treaty of the European Economic Community (EEC Treaty or Treaty of Rome),' and has culminated recently in a refinement of the supranational concept …

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.

International Courts And Tribunals, Nancy Amoury Combs, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2003 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal and the Claims Resolution Tribunal. Other articles in this issue detail significant developments relating to the International Criminal Court, the International Criminal Tribunals for Rwanda and the former Yugoslavia, the proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems.

The Majoritarian Rehnquist Court?, Neal Devins

Faculty Publications

No abstract provided.

Will The New European Union Competition Regulation Increase Private Litigation? An International Comparison, Michael Van Hoof

Connecticut Journal of International Law

In recent years, much attention has been given to the role of government antitrust authorities in regulating the activities of businesses and markets. The increasing scale and frequency of international mergers and acquisitions have required governments to adapt and enforce their competition laws in new ways. Similarly, the growth of high technology industries challenged government authorities to apply competition laws originally developed with traditional industries in mind. Their struggle to cope with these changes has led to high profile investigations into corporations such as Microsoft and the contentious international merger reviews of the proposed General Electric and Honeywell merger.

Public …