Law Commons^™

Targeting Co-Belligerents, Jens David Ohlin

Cornell Law Faculty Working Papers

One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …

December 5, 2011: Why Do We Mourn?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Do We Mourn?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Keep The Poking To Yourself, Mrs. Robinson: The Missouri Facebook Statute And Its Implications For Teacher Free Speech Under The First Amendment, Alex Lehrer

Student Works

No abstract provided.

Tnuva Central Cooperative V. Raabi Estate, Esther Hayut, Isaac Amit, Uzi Vogelman

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

An appeal and cross appeal challenging the decision of the Tel Aviv District Court (Partial Judgment and Supplementary Judgment,) where the court partially granted a consumer class action suit, which was granted leave to be submitted in CC 10085/080 (hereinafter: Tnuva). The class action suit revolved around the misleading of the consumer public and the production of a milk product in violation of binding …

The Law Of Responsibility: A Response To Fragmentation?, Kristen Boon

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

Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …

From Fragmentation To Constitutionalization, Harlan Grant Cohen

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

Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …

Fragmentation Of International Law: The Case Of International Finance & Investment Law Versus Human Rights Law, Sabine Schlemmer-Schulte

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

Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …

Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack

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

Moderator:John Sims, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will focus on the bearing of human rights norms on the use of unmanned aerial vehicles (UAVs) in armed conflict situations. The ongoing and rapidly increasing development and deployment of UAVs in situations of armed conflict have arguably outpaced the law in that they are not adequately supported by a dedicated and enforceable regime of international and (trans)national rules, regulations, and standards, including relevant human rights norms. In addressing this issue, the panel will explore the role human rights norms play or should play in …

Panel 6: The Role Of Tort Law In Implementing Human Rights Norms, Ronald Krotoszynski, Adrienne Stone, David Partlett

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

Moderator: Julie Davies, Associate Dean for Academic Affairs and Professor of Law, University of the Pacific, McGeorge School of Law

This panel explores the impact of human rights norms on the law of defamation and privacy. To varying degrees, both civil and common law jurisdictions protect interests in privacy and reputation. The constitutionalization of U.S. defamation and privacy law has changed American tort law dramatically, while the European Convention on Human Rights has influenced the domestic law of many parties to the Convention. This panel will consider human rights norms from theoretical and comparative perspectives by examining their application to …

December 2, 2011: The Rituals Of Mourning, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Rituals of Mourning“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan

Fordham Law Review

The Bankruptcy Code contains exemptions for swap agreements that allow creditors to seize collateral, to terminate their contract, and to net obligations once the debtor files for bankruptcy. By privileging this class of creditors, these provisions reduce incentives to monitor counterparty risk, and thus magnified losses experienced during the recent financial crisis. Congress overlooked this role of the Bankruptcy Code in destabilizing the financial system. Instead, its response was to require that all swaps be traded through a clearinghouse. This failure to address one of the contributing factors to the swap market’s collapse should be worrisome, as a clearinghouse’s traditional …

The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan

Fordham Law Review

Recently, two popular topics of discussion within intellectual property law have been the statutory damage regime and the legality of peer-to-peer (P2P) downloading. This Note examines a rarely discussed interplay between these two concepts: the innocent infringement defense. Innocent infringement allows a court to dramatically reduce the minimum statutory damage award for an act of copyright infringement from $750 to $200 per act. Both the Fifth and Seventh Circuits have found that § 402(d) of the Copyright Act eliminates innocent infringement as a matter of law in a P2P download setting.This Note examines those circuits’ reasoning as well as the …

Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo

Fordham Law Review

No abstract provided.

Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson

Fordham Law Review

No abstract provided.

Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes

Fordham Law Review

The pervasive culture of underage and excessive drinking on college campuses has led to numerous federal and state regulatory efforts to reduce drinking rates among college students. One such policy has been to restrict alcohol advertisements in college student publications, which implicates the First Amendment by limiting access to lawful commercial speech. Although the Supreme Court has developed a four-part balancing test to determine the validity of commercial speech restrictions, the Court has not articulated the level of proof required for assessing the validity of restrictions on alcohol advertisements in college student publications. This Note focuses on the degree of …

Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini

Fordham Law Review

In Crawford v. Washington, the Supreme Court abandoned its Roberts “reliability” approach to the right of confrontation. The Court conceded that the Roberts decision had killed the Confrontation Clause by: (1) impermissibly tying the right of confrontation to the rule against hearsay; (2) inappropriately allowing pretrial determinations of reliability to replace actual cross-examination at trial; (3) relying too heavily on malleable, multi-factor balancing tests; and (4) completely failing to constrain judicial discretion. Since Crawford, however, the Court has decided Davis v. Washington and Michigan v. Bryant. Unfortunately, in the course of deciding those cases the Court has once again killed …

Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier

Fordham Law Review

Under current Supreme Court case law, a plaintiff does not have Article III standing to sue in federal court unless that plaintiff can demonstrate “causation.” The term “causation” is ubiquitous within the law. Because of the frequency with which the term appears in various legal contexts, however, the conceptual analysis associated with that term can vary. Unfortunately, the Supreme Court has never clearly established the conceptual analysis necessary for making the causation determination within standing law. Consequently, there is confusion on this question. This Article addresses that confusion by relying on causation terms and concepts fully developed within tort law. …

Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood

Fordham Law Review

No abstract provided.

Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin

Fordham Law Review

No abstract provided.

Origins Of The Social Function Of Property In Chile, M.C. Mirow

Fordham Law Review

No abstract provided.

The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha

Fordham Law Review

No abstract provided.

Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla

Fordham Law Review

No abstract provided.

The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford

Fordham Law Review

No abstract provided.

Property's Memories, Eduardo M. Peñalver

Fordham Law Review

No abstract provided.

Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson

Fordham Law Review

No abstract provided.

Pluralism And Property, Gregory S. Alexander

Fordham Law Review

No abstract provided.

Introduction, Sheila R. Foster, Daniel Bonilla

Fordham Law Review

No abstract provided.

Road Scholars - December 2011, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The December 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

Institutionalization, Investment Adviser Regulation, And The Hedge Fund Problem, Anita Krug

All Faculty Scholarship

This Article contends that more effective regulation of investment advisers could be achieved by recognizing that the growth of hedge funds, private equity funds, and other private funds in recent decades is a manifestation of institutionalization in the investment advisory context. That is, investment advisers today commonly advise these “institutions,” which have supplanted other, smaller investors as advisory clients. However, the federal securities statute governing investment advisers, the Investment Advisers Act of 1940, does not address the role of private funds as institutions that now intermediate those smaller investors’ relationships to investment advisers. Consistent with that failure, investment adviser regulation …

Hollow Hopes And Exaggerated Fears: The Canon/Anticanon In Context, Mark A. Graber

Faculty Scholarship

Students of American constitutionalism should add constitutional decisions made by elected officials to the constitutional canon and the constitutional anticanon. Neither the canonical nor the anticanonical constitutional decisions by the Supreme Court have produced the wonderful results or horrible evils sometimes attributed to them. In many cases, elected officials made contemporaneous constitutional decisions that had as much influence as the celebrated or condemned judicial rulings. More often than not, judicial rulings matter more as a result of changing the political dynamics than by directly changing public policy. Law students and others interested in constitutional change, for these reasons, need to …