Law Commons^™

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.

Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.

The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns

International Law Studies

No abstract provided.

"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt

International Law Studies

No abstract provided.

Keynote Address: The Dynamic Interaction Between Courts, Legislature, And Public Opinion, James R. Zazzali

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Timeline: The Death Penalty In New Jersey

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Erga Omnes Norms, Institutionalization, And Constitutionalism In International Law, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Erga omnes norms are those that give third-party states, rather than just the victim, legal claims against states that violate them. This paper argues that ordinary two-party norms arise when states recognize that a norm violation injures only one state and that other states that seek to retaliate on that state's behalf are likely using the violation as a pretext for predatory behavior. Erga omnes norms arise when states recognize that a norm violation injures multiple states and that states have an incentive to free ride rather than retaliate against the violator. Erga omnes norms reduce the incentive to free …

Conflicts Between United Nations Security Council Resolutions And The 1982 United Nations Convention On The Law Of The Sea, And Their Possible Resolution, Robin R. Churchill

International Law Studies

No abstract provided.

Issues Arising From Coalition Operations: An Operational Lawyer's Perspective, Neil Brown

International Law Studies

No abstract provided.

Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie

International Law Studies

No abstract provided.

The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.

International Law Studies

No abstract provided.

Full Volume 84: International Law And Military Operations (2008)

International Law Studies

No abstract provided.

China And The Law Of The Sea: An Update, Guifang Xue

International Law Studies

No abstract provided.

Say Cheese! Examining The Constitutionality Of Photostops, Molly Bruder

American University Law Review

No abstract provided.

Introduction (Volume 84)

International Law Studies

No abstract provided.

Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver

International Law Studies

No abstract provided.

Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin

International Law Studies

No abstract provided.

Finally Heard: A Rhetorical Look At The 1971 Pharr Riot, Christina Garza

Theses and Dissertations - UTB/UTPA

This article attempts to view the 1971 Pharr riot through a rhetorical lens in an effort to understand the social roles that Mexican-Americans took throughout the city's history. Using David Zarefsky's essay, "Four Senses of Rhetorical History," and his concepts of rhetorical history, this article will examine the history of Pharr and attempt to understand the role that the Mexican-American population played in the city's inception. It will attempt to interpret the oral history of those that lived through the riot, understand what it reveals about Pharr and its inhabitants, rhetorically analyze the press and what was being written in …

What If, After All, Trademarks Were Traded In Gross, Irene Calboli

Research Collection Yong Pung How School Of Law

The conditions upon which trademarks should be "traded" - that is, assigned and licensed in the marketplace - have traditionally been at the center of the trademark debate. Historically, based upon the assumption that trademarks can be protected only as conveyers of commercial information and as symbols of business goodwill, trademark law has prohibited trading in trademarks "in gross" and has required that trademarks be assigned "with their goodwill" and licensed only as long as licensors control the quality of the products. Yet, these criteria have been proven controversial and difficult to enforce because they hinge on two concepts that …

Second Amendment Minimalism: Heller As Griswold, Cass R. Sunstein

Public Law and Legal Theory Working Papers

The Court’s decision in District of Columbia v. Heller might be taken in three different ways. First, it might be seen as a modern version of Marbury v. Madison, speaking neutrally for the text, structure, and original understanding of the Constitution. Second, it might be seen as analogous to Lochner v. New York, in which a majority of the Court invoked a dubious understanding of the Constitution in order to override the democratic will. Third, it might be taken as analogous to Griswold v. Connecticut, in which a majority of the Court, proceeding in minimalist fashion, used the Constitution to …

The Majority That Wasn't: Stare Decisis, Majority Rule And The Mischief Of Quorum Requirements, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

In this Paper, I consider the question of precedential value in settings in which a case is decided by a majority of judges hearing a case but less than a majority of judges authorized to decide the case—a situation I refer to as a “minority majority.” In analyzing the question of treatment of minority majorities, the Paper makes three broad contributions to the literature. First, it disaggregates the requirements that undergird the notion that a Court opinion receive precedential effect into three categories: quorum requirements, action requirements, and voting rule requirements. The Paper’s second broad contribution is its normative analysis …

Trimming, Cass R. Sunstein

Public Law and Legal Theory Working Papers

In law and politics, some people are trimmers. They attempt to steer between the poles. Trimming might be defended as a heuristic for what is right, as a means of reducing political conflict over especially controversial questions, or as a method of ensuring that people who hold competing positions are not humiliated, excluded, or hurt. There are two kinds of trimmers: compromisers, who follow a kind of “trimming heuristic” and thus conclude that the middle course is best; and preservers, who attempt to preserve what is deepest in and most essential to competing reasonable positions, which they are willing to …

A Nation Divided: Eastern China, Western China, And The Problem Of Global Warming, Daniel Abebe, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Boumediene And The Uncertain March Of Judicial Cosmopolitanism, Eric A. Posner

Public Law and Legal Theory Working Papers

In Boumediene v. Bush, the Supreme Court held that noncitizens detained at Guantanamo Bay have the constitutional privilege of habeas corpus. The case can be given multiple interpretations, including a narrow reading under which it follows straightforwardly from Eisentrager. But Justice Kennedy's majority opinion omits consideration of a factor that plays a role in Eisentrager, namely, the limited constitutional status of the noncitizen. For this reason, the most distinctive element of Justice Kennedy's reasoning is its cosmopolitanism, not its libertarianism. The cosmopolitan elements of Boumediene recall the debate about the use of foreign law to interpret provisions of the U.S. …

Using Your Tribal Values To Develop An Elder Protection Code: A Step-By-Step Guide For Communities, 2nd Edition, Tribal Elder Abuse Task Force

Tribal Voices (Events)

The Elder Abuse Task Force organized in 2005 to address elder abuse in New Mexico tribes and Pueblos. Through many meetings and discussions, the Task Force realized that rather than develop a model code; a process was needed by which the tribes and Pueblos of New Mexico could develop a code specific to a community’s governance, traditions, and values. Since the process may be applied to many different communities, the Task Force hopes that this workbook will be a resource used throughout Indian Country.

The purpose of this workbook is to protect elders from abuse in their communities. This workbook …

Copyright, Clickers, And Consensus, Jonathan Bacon

SIDLIT Conference Proceedings

A discussion about classroom copyright issues and integrating technology.

Enhanced Legal E-Ducation: Knowledge Technology At Cornell Law School, Sasha Skenderija

Cornell Law Faculty Working Papers

In 2008, it comes as no surprise that new knowledge technologies have had a significant impact upon the field of legal education as well. While many opportunities have been explored and some of them seized, there also remain a number of hurdles to the full utilization of the new possibilities. Cornell Law School, one of the top legal education institutions in the United States, is widely recognized for the academic excellence of its faculty and students as well as for the innovative approach to legal teaching and research. The significant share of this recognition originates from Cornell’s Legal Information Institute, …

How Low Can Labor Law Go? Informalisation Of Work And It’S Impact Upon Woman Workers In Indonesia, Surya Tjandra, Rita Olivia Tambunan

Indonesian Journal of International Law

This article discuss about the development of labor law since the reformation and debating that non-formal job has been the main art of the labor law reformation from 1998, where made three new labor law, there are in 2000 and 2004. This article divided in three sections, the first is to explain about Indonesia and the labor law system in Indonesia, the second is discussing the impact of the new labor law, and the third is analyzing the impact from of the non-formal job, in this case are women and children in general, and in the East Java’s plantation project …

Sekuritasasi Dan Upaya Peningkatan Perlindungan Terhadap Tenaga Kerja Indonesia Di Malaysia, Syamsul Hadi

Indonesian Journal of International Law

This article discuss about Indonesian worker in Malaysia, with point of view Malaysian and Indonesian government perspective in handling Indonesian illegal workers. In science context, problem about immigrant workers flipped away an issue about human security that have been one of the most important thing in international relations.

Tanggung Jawab Dan Peranan Dewan Keamanan Perserikatan Bangsa-Bangsa Dalam Memelihara Perdamaian Dan Keamanan Internasional, Marthinus Omba

Indonesian Journal of International Law

The main aim of the establishment of the United Nations is to maintain international peace and security based on the experiences of the First and Second World War, which being sorrow to mankind. The changing of the political map after Second World War and cold war; the making and trading modern weapons affect the United Nations responsibility. There was a critism, that the United Nations Security Council has not done yet its main tasks i.e. the maintenance of international peace and security. Thus, in this article, the writer wants to describe: the development of the stricture of the United Nations …