Negotiating And Mediating Peace In Africa ,
2012
Pepperdine University
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Pepperdine Dispute Resolution Law Journal
Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …
A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements,
2012
Pepperdine University
A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements, Sean M. Hardy
Pepperdine Dispute Resolution Law Journal
In August 2008 a bill was introduced in the United States Senate that clearly states Uniformed Services Employment and Reemployment Rights of 1994 (USERRA) claims supersede any preexisting arbitration clauses in employment agreements. This bill, known as the Servicemembers Access to Justice Act (SAJA), would restore full access to the federal court system for USERRA plaintiffs. This paper examines the SAJA and its potential effects on the USERRA. It begins with a survey of the history behind the passage of the USERRA, as well as the FAA. Next, it describes the two federal circuit court decisions that have led to …
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America,
2012
Pepperdine University
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
Pepperdine Dispute Resolution Law Journal
This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …
Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds ,
2012
Pepperdine University
Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy
Pepperdine Dispute Resolution Law Journal
In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …
Given An Inch, The Detainee Effort To Take A Mile: The Detainee Legislation And The Dangers Of The "Litigation Weapon In Unrestrained Enemy Hands",
2012
Pepperdine University
Given An Inch, The Detainee Effort To Take A Mile: The Detainee Legislation And The Dangers Of The "Litigation Weapon In Unrestrained Enemy Hands", Brian D. Fahy
Pepperdine Law Review
No abstract provided.
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction,
2012
San Francisco State University
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Adapting To The Twenty-First Century: A Flexible Nato,
2012
Brigham Young University
Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Proportionality In Counterinsurgency: A Relational Theory,
2012
William & Mary Law School
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Faculty Publications
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
Human Rights, Emergencies, And The Rule Of Law,
2012
William & Mary Law School
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine,
2012
Touro Law Center
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Steven Metz
William Mitchell Law Review
No abstract provided.
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law,
2012
University of Idaho College of Law
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Articles
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …
Fort St. Joseph And The American Revolution,
2012
Western Michigan University
Fort St. Joseph And The American Revolution, Scott T. Macpherson
Fort St. Joseph Archaeological Project
Bennett’s Expedition 1779, Raid on Fort St. Joseph 1780, The “Spanish Raid” 1781, Deportation of the French, and Demise of Fort St. Joseph.
Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County,
2012
California Polytechnic State University, San Luis Obispo
Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee
Continuing Education (CAPSTONE)
Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …
Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?,
2012
Bridgewater State University
Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro
Undergraduate Review
War is a creation of mankind that has evolved along with human civilization, leaving a bloody trail in its wake. As there are those in our world who strive to improve peacetime society, there are also those who push the limits of weaponry and revolutionize the way war is waged. In this day and age, opposing forces rarely meet on a traditional battlefield but instead inflict death and destruction from across the horizon with weapons of catastrophic capability. Consequently the costs of developing such advanced war machines are increasingly heavy. With this rapid evolution of combat and the weaponry used …
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, A. Mark Weisburd
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Jody M. Prescott
William Mitchell Law Review
No abstract provided.
The Military At Fort St. Joseph,
2012
Western Michigan University
The Military At Fort St. Joseph, Scott T. Macpherson
Fort St. Joseph Archaeological Project
Showing the Flag, Troupes de la Marine, Militia, and Fort St. Joseph’s Military Actions.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone,
2012
Western Law, Western University
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
No abstract provided.
Recent Developments In International Criminal Law: 2011-2012,
2012
Western Law, Western University
Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld
Law Publications
No abstract provided.
