Law Commons^™

Legal Regimes And Political Particularism: An Assessment Of The "Legal Families" Theory From The Perspectives Of Comparative Law And Political Economy, John W. Cioffi, D. Gordon Smith

BYU Law Review

The “legal families” theory of corporate law and ownership structures pioneered by Rafael La Porta, Florencio Lopez-deSilanes, Andrei Shleifer, and Robert Vishny provides one of the most influential accounts of why “law matters” in shaping economic organization and outcomes. However, the empirical bases and theoretical logic of the theory contain serious flaws and limitations. First, as has been pointed out by a number of critics engaged in this revision, the legal origins literature contains numerous problematic characterizations of substantive law that expose the serious problems of quantitative operationalization of legal rules as a mode of comparative legal analysis. Second, the …

Hope Over Experience?, Cath Collins

Human Rights & Human Welfare

Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …

Cloned Meat, Voluntary Food Labeling, And Organic Oreos, Donna M. Byrne

The University of New Hampshire Law Review

[Excerpt] “In December 2006, the Food and Drug Administration (FDA) announced that it had reviewed all the available evidence and was poised to approve meat and milk from cloned animals and their progeny. I remember telling one of my colleagues, a patent law professor, who should be as comfortable with technology as anyone, about this development, and his response was, “Yuck. I’m not eating it!” To which of course I replied, “Humph. You won’t know the difference.” Meat or milk from a clone or its descendant is virtually identical to meat or milk from a non-clone, said the FDA, as …

Change We Can Believe In?, Katherine Hite

Human Rights & Human Welfare

We were warned to temper our high hopes for a bold new Obama era of human rights. After all, President Obama would have “a lot on his plate”: a serious economic crisis, high unemployment, over forty million people without health insurance, “two wars,” global volatility. But it’s very hard not to be dismayed by some of the continuities from the Bush to the Obama administration, as well as by some Janus-faced policy decisions with damning human rights implications. When it comes to US-Latin America relations, such decisions include: professing support for progressive immigration reform while expanding regressive anti-immigration measures; claiming …

From Inspiring Hope To Taking Action: Obama And Human Rights, Stephen James

Human Rights & Human Welfare

While President George H. Bush spoke of a new world order, and his “misunderestimated” son mangled the English language at countless press conferences, with Barack Obama the USA now has a talented orator as a president. There is a new word order. But does the new and skillful rhetoric match the reality when it comes to human rights?

Diversity V. Colorblindness, Patrick S. Shin

BYU Law Review

No abstract provided.

Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright

BYU Law Review

No abstract provided.

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Obama's speech to the United Nations General Assembly (September, 2009).

and

Does Obama believe in human rights? By Bret Stephens. The Wall Street Journal. October 19, 2009.

The Statesman's Dilemma: Peace Or Justice? Or Neither?, Henry Krisch

Human Rights & Human Welfare

Just as I sat down to comment on President Obama and human rights, I glanced today's (November 19, 2009) The New York Times and found several opinion essays-careful in fact, thoughtful in tone, reasonable in argument-critical of Obama's approach during his recent visit to China toward Chinese human rights violations (mainly concerning Tibet but including also imprisoned lawyers, internet censorship, and persecution of Falun Gong.) The essayists considered various tactics for exerting American pressure on China regarding human rights. Common to all of them was a tone of rueful admiration for the political and diplomatic skill with which China fended …

Suboptimal Executive Privilege, Stephen C. N. Lilley

BYU Law Review

No abstract provided.

Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern

BYU Law Review

No abstract provided.

The Hidden Costs Of Terror, Cath Collins

Human Rights & Human Welfare

In this month’s featured article, former Peruvian president Alejandro Toledo (2001-2006) gives a thoughtful and insightful account of how post-atrocity accounting and reconstruction feels ‘from the top’. What can an incoming head of state possibly do or say that will redress and repair the social and human costs of decades of violence? What about the centuries of injustice and inequality that fueled the flames? In fact Toledo did perhaps as much as he could, and more than many thought he would be able to, in recognising and beginning to address the ethnic, class, and institutional faultlines that tore Peru apart …

The Peruvian Precedent, Katherine Hite

Human Rights & Human Welfare

In the early days of September 2009, former Peruvian Truth and Reconciliation Commission (TRC) president Salomón Lerner received a series of sick anonymous messages: “We will do to you what we did to your dogs.” Lerner’s two pet dogs had been fatally poisoned. The poisoning and the death threats against Lerner joined other vicious retaliations, including continuous attacks on another powerful human rights symbol, Lika Mutal’s “The Eye that Cries,” a sculpture in Lima that mourns the tens of thousands of Peruvian victims of internal armed conflict. In a twisted way, the poisoning, death threats, and attacks show that Peruvian …

Reviving The United States' Commitment To Pakistan And Afghanistan, Steve A. Young, Imdad Hussain Sahito

Journal of Strategic Security

As President Obama is in the midst of deciding whether additional U.S.combat forces are needed in Afghanistan in addition to the 21,000 troops recently committed, he must realize that additional armed forces are only a stopgap measure in Afghanistan's downward spiral into an 'undergoverned' failed state. Similarly, as Pakistan's fragile and fractured civilian government continues to appease the Tehrik-i-Taliban Pakistan (TTP), an umbrella organization of Pakistani Pashtun tribesmen with Taliban cultural values led by Baitullah Mehsud and others, it comes closer to the concept of a "misgoverned" failed state, possessing a small arsenal of nuclear arms. The problem for the …

The Tangled Web Of Taliban And Associated Movements, Greg Smith

Journal of Strategic Security

Following the devastating terrorist attacks of September 11, 2001,worldwide attention became focused on the Taliban and al-Qaida forcesin Afghanistan. Prior to the attacks, many people had never heard of the Taliban or their shar'ia-law style of government. Since 2001, manysplinter groups have formed in response to the continual United Statespresence in the region. Today, the term Taliban has been used to envelop several groups such as the Tehrik-i-Taliban Pakistan (TTP), the Haqqani Network (HQN) and the Tehrik-eNifaz-e-Shariat-e-Mohammadi(TNSM). These groups make up the majority of fighters along the Afghanistan-Pakistan border. Many of these groups have been historicrivals for control of the …

Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis

Journal of Strategic Security

With the change in seasons comes the expected change of insurgency operations in Afghanistan as Taliban and al-Qaida fighters mount their spring and summer offensives against both NATO forces and Afghanis sympathetic to foreign troops. As insurgents curtail their seasonal operations with the arrival of fall and winter, is it likely that a threat may arise from Afghanistan to affect the 2010 Olympics in Vancouver, British Columbia? As will be illustrated herein, the threat to the games will not be borne directly from the insurgency in Afghanistan but rather by the universal jihadist ideology of al-Qaida rather than the nationalist …

Revisiting Downs' Issue-Attention Cycle: International Terrorism And U.S. Public Opinion, Karen K. Petersen

Journal of Strategic Security

Lamenting the lack of public awareness of international events and U.S. foreign policy is not a particularly novel exercise; yet, explaining the process by which issues enter and exit the public realm remains a challenging endeavor. Despite contributions from researchers working in international relations and mass communication, explaining public inattentiveness continues to vex scholars. However, in his article, "Up and Down with Ecology: The 'Issue-Attention Cycle,'" Anthony Downs provides a parsimonious and tractable model of public opinion that can be applied to foreign policy issues.1 While Downs concerns himself exclusively with domestic issues, particularly environmental issues, his model has thepotential …

Book Reviews, Christine E. Williamson, Ed Urie, Michael Savasta, Robin L. Thompson, D.M., Edward M. Roche

Journal of Strategic Security

Critical Thinking and Intelligence Analysis. By David T.Moore.

At The Center Of The Storm: The CIA During America's Time of Crisis. By George Tenet with Bill Harlow.

Female Suicide Bombers. By Rosemarie Skaine.

Information Operations: Doctrine and Practice. By Christopher Paul.

The Secret Sentry: The Untold History of the National Security Agency. By Matthew M. Aid.

The Blood of Lambs: A Former Terrorist's Memoir of Death and Redemption. By Kamal Saleem with Lynn Vincent.

Attaché Extraordinaire: Vernon A. Walters in Brazil. By Frank Márcio De Oliveira.

Guerilla Warfare & Law Enforcement: Combating The 21st Century Terrorist Cell Within The U.S., Richard J. Hughbank

Journal of Strategic Security

Both domestic and international terrorist organizations employ guerrilla warfare tactics, techniques, and procedures. Thus, the ability to identify and defeat the members of these organizations, cripple their infrastructures, and disrupt their financial resources lies in the understanding of modern guerrilla warfare as it develops in the twenty-first century within the United States.3 The forms of asymmetric warfare4 adopted by domestic and international terrorist groups alike is no longer intended to gain simple media exposure or governmental manipulation; they want to make an overpowering impact by causing massive loss of life and severe damage to infrastructure and are often motivated by …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

Healing the Past, Protecting the Future. By Alejandro Toledo. Americas Quarterly. July 13, 2009.

From Atrocities To Security: A Parable From Peru, Stephen James

Human Rights & Human Welfare

I have no expertise on the domestic politics of Peru, but I know that its often violent past shares much with its Latin American neighbours. Though not a practice confined to this region, I also know that events in the region have made notorious the chilling euphemism “disappearances.”

The Limits Of Executive Action For Human Rights, Henry Krisch

Human Rights & Human Welfare

Between 2001 and 2006 Alejandro Toledo served as President of Peru. He entered office committed to, in his words, “restoring the democratic institutions that had suffered from a steady deterioration during the previous decade,” (that is, during the rule of former President Alberto Fujimori). Moreover, he took up the task of providing Peruvian society with “a full accounting of the atrocities that had occurred in previous decades.” This personal commitment to re-establishing a functioning democracy based on the rule of law, a commitment based in part on his participation in the anti-Fujimori demonstrations, lead him to seek an honest accounting …

The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman

BYU Law Review

No abstract provided.

Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur

Journal of Strategic Security

In 1953, a radical splinter organization from the Muslim Brotherhood,Hizb ut-Tahrir (HuT), was founded by the Al-Azhar University (Cairo,Egypt) educated jurist Sheikh Taqiuddin an-Nabhani who criticized theMuslim Brotherhood for collaborating with Egyptian secularists, such as Gamal Abdel Nasser. A sizable portion of the more radical members of the Muslim Brotherhood broke away, to join Nabhani's budding movement. Today, HuT is known to operate in more than forty countries, calling for the restoration of the Islamic Caliphate, with a history of violence and links to violent terrorist organizations. Given increasing tensions in the region over the presence of coalition troops, Predator …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

The Future Of “Fair And Balanced”: The Fairness Doctrine, Net Neutrality, And The Internet, Sasha Leonhardt

Duke Law & Technology Review

In recent months, different groups--pundits, politicians, and even an FCC Commissioner--have discussed resurrecting the now-defunct Fairness Doctrine and applying it to Internet communication. This iBrief responds to the novel application of the Doctrine to the Internet in three parts. First, this iBrief will review the history and legal rationale that supported the Fairness Doctrine, with a particular emphasis on emerging technologies. Second, this iBrief applies these legal arguments to the evolving structure of the Internet. Third, this iBrief will consider what we can learn about Net Neutrality through an analogy to the Fairness Doctrine. This iBrief concludes that, while the …

A Human Rights-Oriented Approach To Military Operations, Federico Sperotto

Human Rights & Human Welfare

Counterinsurgency is the dominant aspect of US operations in Afghanistan, and since ISAF—the NATO-led security and assistance force—has assumed growing security responsibility throughout the country, it is also a mission for the Europeans.1 The frame in which military operations are conducted is irregular warfare, a form of conflict which differs from conventional operations in two main aspects. First, it is warfare among and within the people. Second, it is warfare in which insurgents avoid a direct military confrontation, using instead unconventional methods and terrorist tactics.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or …

Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland

Human Rights & Human Welfare

The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …

A Few Drops Of Oil Will Not Be Enough, Stephen James

Human Rights & Human Welfare

Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …

From Outrage To Action, Henry Krisch

Human Rights & Human Welfare

Kristof and WuDunn provide a vivid panoramic view of problems faced by women (primarily in the “developing” world), what has been done and what more could be done to help them achieve dignity and autonomy in their lives, and how vindication of their rights could contribute to the broader social development of their societies. In this they provide us with important insights into how human rights might be effectively proclaimed and successfully implemented. In reviewing their considerable contributions, I shall also suggest some limitations on both their analysis and their policy recommendations.