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Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism

International Law Studies

No abstract provided.

Table Of Contents (Volume 81)

International Law Studies

No abstract provided.

Introduction (Volume 81)

International Law Studies

No abstract provided.

Comparative Approaches To Security And Maritime Border Control, Dale Stephens

International Law Studies

No abstract provided.

European And German Security Policy And International Terrorism, Torsten Stein

International Law Studies

No abstract provided.

The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green

International Law Studies

No abstract provided.

Current Issues In Occupation Law: 2003 Civilian Deaths In Baghdad, Fred Abrahams

International Law Studies

No abstract provided.

Treatment And Interrogation Of Detained Persons, David E. Graham

International Law Studies

No abstract provided.

Liberation And Occupation: A Commander's Perspective, Fabio Mini

International Law Studies

No abstract provided.

Military Commissions: Old Laws For New Wars, William K. Lietzau

International Law Studies

No abstract provided.

Military Commissions: Constitutional, Jurisdictional, And Due Process Requirements, Jordan J. Paust

International Law Studies

No abstract provided.

Military Commissions - Kangaroo Courts?, Charles H.B. Garraway

International Law Studies

No abstract provided.

Using Force Lawfully In The 21st Century, David B. Rivkin Jr., Lee A. Casey

International Law Studies

No abstract provided.

The Gulf War: 1990-2004 (And Still Counting), Yoram Dinstein

International Law Studies

No abstract provided.

The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller

International Law Studies

No abstract provided.

Vol. 31, No. 09 (October 30, 2006)

Indiana Law Annotated

No abstract provided.

Hit And Miss: Leverage, Sacrifice, And Refusal To Deal In The Supreme Court Decision In Trinko, Nicholas Economides

ExpressO

Under the rules of the Telecommunications Act of 1996, incumbent local exchange carriers, including Verizon, were obligated to lease parts of their local telecommunications network to any firm at “cost plus a reasonable profit” prices which could combine them at will, add retailing services and sell local telecommunication service as a rival to the incumbent. AT&T, an entrant in local telecommunications, leased parts of Verizon’s network. Trinko, a local telecommunications services customer of AT&T, sued Verizon alleging various anti-competitive actions of Verizon against AT&T, including that Verizon raised the costs of AT&T, its downstream retail rival. The Supreme Court held …

Panel 2: Corruption And The Private Sector: Is Money Laundering The New Corrupt Foreign Practices?, Richard Charlton, Janet Dine, Michael Malloy, André Odermatt, Carol Van Cleef

McGeorge School of Law Global Center for Business and Development Annual Symposium

This roundtable of practitioners, regulators, and experts will consider the following issues:

• Does corruption matter in today’s globalized economy?
• Do current regulatory responses deter or contain corruption?
• How far should we “rethink” corruption?

Panel 1: Defining Corruption: Do We Know It When We See It? Do We See It Where It Is Not?, Daniel Kaufmann, Jun Qian, Franklin Zimring

McGeorge School of Law Global Center for Business and Development Annual Symposium

This panel will undertake both a doctrinal and functional examination of what conduct should be condemned as corruption. This will include use of theoretical models, empirical studies and historical examples to evaluate the impact of various conduct sometimes condemned as corruption and other times argued to be harmless.

Daubert And The Disappearing Jury Trial, Allan Kanner

ExpressO

Since being decided by the Supreme Court in 1993, Daubert v. Merrell Dow Pharmaceuticals has earned its place as one of the most misinterpreted and misapplied decisions in modern history. Meant to liberalize the standards for admissions of proof, the decision has had the opposite effect. The gatekeeper powers given to judges via Daubert, coupled with the internal and external incentives to prevent jury trials, has placed our entire civil justice system at risk.

2006 Scholars And Artists Bibliography, Daniel J. Simon, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Dan Simon was the guest speaker.

Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee

ExpressO

This study analysis shows that the anti-competitive practices in the service market of the two countries have almost identical characteristics even though there are differences in the degree of the criticism against those barriers from their trading partner countries. These practices reflect the policy objectives of both government to emphasize consumer protection or stability of financial institutes rather than the institutes’ competitiveness or operative of efficiency, somewhat different from developed western countries. Such policy objectives reflect the overall social and cultural environments of the two countries which stress stability rather than productivity or efficiency of any institute. Considering the over-all …

Vol. 57, No. 4, October 24, 2006, University Of Michigan Law School

Res Gestae

•An Interview with Alex Joel •Double Booking Problems •Learning the Dual Degree Tango •How to Distinguish Between Law Firms •Harvard Law Changes First-Year Curriculum •Bar Night Pics •Headnotes Pics •Michigan Civil Rights Initiative •Take It from Me •Caminker "Hottest" Dean in the Nation

Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow

ExpressO

This paper uses techniques borrowed from the field of game theory to describe rational bargaining among institutional litigants, and explains how the results, while often not leading to the rational outcome in a given case, do rationally serve a more general strategy. The paper then reviews the law on conflicts of interests and concludes that such conflicts—as between attorney and client, and among clients—will often result when institutional litigants bargain. The paper continues with a review on the law of waiver and provides a basis to accommodate the conflicts of interests. That accommodation however will often not be practical, and …

The Most International Of International Crimes: Toward The Incorporation Of Drug Trafficking Into The Subject Matter Jurisdiction Of The International Criminal Court, George S. Yacoubian

ExpressO

At the 2004 annual meeting of the American Society of Criminology, I presented an article on drug trafficking and its implications for the international legal and social science community. During that presentation, several audience members commented that the analysis would be considerably stronger with international drug data. While there are few reliable sources for this type of information, they do exist. This essay thus represents a current summary of the drug use and abuse prevalence data, both internationally and in the United States. Given the state of the drug problem across the globe, the argument for the incorporation of drug …

The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian

ExpressO

In INS v. Elias Zacarias, the Supreme Court (SC) affirmed that nongovernmental actors (e.g., guerilla groups) can commit “persecution” as defined by § 101(a)(42) of the Immigration and Nationality Act (INA). Human rights violations by any international actor, governmental or otherwise, can thus, according to Elias Zacarias, trigger asylum protection in the United States (US). In contrast, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which the US is a party, requires the victimizer to be a “public official or other person acting in an official capacity.”

The CAT thus imposes a state …

Vol. 31, No. 08 (October 23, 2006)

Indiana Law Annotated

No abstract provided.

The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin

ExpressO

The law of patent claim interpretation articulated by the United States Court of Appeals for the Federal Circuit is commonly supposed to be markedly indeterminate, and to be responsible for a lack of certainty and predictability in patent infringement litigation. But there has been no attempt to measure objectively the indeterminacy associated with patent claim interpretation, or, for that matter, of any other field of law. This Article shows that under appropriate conditions the indeterminacy of a legal regime may be measured empirically by the frequency of judicial dissents. Application of this method to the Federal Circuit's jurisprudence demonstrates that …

What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson

Popular Media

The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …