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Law

2005

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Articles 1 - 30 of 60

Full-Text Articles in Political Science

One Morning In Morocco, Eli Mechanic Dec 2005

One Morning In Morocco, Eli Mechanic

New England Journal of Public Policy

Presents the journal of an American student studying in Morocco based on his firsthand experiences on how Arabs viewed the Iraq war from January to May 2003. Lesson learned on March 20, 2003 where he felt the anger of Arab people upon seeing an American; Excitement of Arabs upon hearing news about dead Americans; Realization of the Moroccans on the cruelty of the Americans.


Editor's Note, Padraig O'Malley Dec 2005

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.

The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us ...


We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton Dec 2005

We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton

New England Journal of Public Policy

Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle ...


The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell Dec 2005

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.


Az Alkotmánybíróság És A Közgazdasági Érvelés [Constitutional Courts And Economic Reasoning], Peter Cserne Dec 2005

Az Alkotmánybíróság És A Közgazdasági Érvelés [Constitutional Courts And Economic Reasoning], Peter Cserne

Péter Cserne

No abstract provided.


The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore Nov 2005

The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore

BYU Law Review

No abstract provided.


Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein Oct 2005

Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan Jul 2005

Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan

Rose Corrigan

No abstract provided.


On The Sources Of Islamic Law And Practices, Ahmed Souaiaia Jul 2005

On The Sources Of Islamic Law And Practices, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles Jul 2005

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Cornell Law Faculty Publications

This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists have often ...


Bush V. Gore And The Distortion Of Common Law Remedies, Tracy A. Thomas Jun 2005

Bush V. Gore And The Distortion Of Common Law Remedies, Tracy A. Thomas

Akron Law Publications

The book The Final Arbiter addresses the legal and political consequences of the Bush v. Gore decision. This article presented as Chapter 4 addresses the lasting impact of Bush v. Gore on the law of remedies. While others have focused on what the Court should or could have done in the case, this article focuses on what the Court actually did by analyzing the text of the decision and the remedial platform that formed the Court's consensus. The Court in Bush adopted a new model of prophylactic relief that provided too much, not too little relief. Yet this prophylactic ...


Bush V. Gore And The Distortion Of Common Law Remedies, Tracy A. Thomas May 2005

Bush V. Gore And The Distortion Of Common Law Remedies, Tracy A. Thomas

Tracy A. Thomas

The book The Final Arbiter addresses the legal and political consequences of the Bush v. Gore decision. This article presented as Chapter 4 addresses the lasting impact of Bush v. Gore on the law of remedies. While others have focused on what the Court should or could have done in the case, this article focuses on what the Court actually did by analyzing the text of the decision and the remedial platform that formed the Court's consensus. The Court in Bush adopted a new model of prophylactic relief that provided too much, not too little relief. Yet this prophylactic ...


States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog May 2005

States’ Rights And The Scope Of The Treaty Power: Could The Patriot Act Be Constitutional As A Treaty?, Simcha Herzog

The University of New Hampshire Law Review

[Excerpt] “Consider the following hypothetical scenario: after an appeal by the American Civil Liberties Union, the Supreme Court determines that the Patriot Act is unconstitutional. This decision so infuriates President Bush that he seeks out the advice of his legal counsel in a frantic attempt to bypass the Court’s ruling. After some research, President Bush’s legal advisers give him two options: he can either attempt to pass an amendment to the constitution or, with the “advice and consent of the Senate,” he can sign the Patriot Act as a treaty with a foreign nation. Either of these measures ...


The People's Republic Of China's Corrupt Culture: Is The Prc's Arbitration Systems Exempt?, Mary Elizabeth Crawford Apr 2005

The People's Republic Of China's Corrupt Culture: Is The Prc's Arbitration Systems Exempt?, Mary Elizabeth Crawford

Master's Theses

The People's Republic of China (PRC) has struggled with corruption for decades. The PRC' s admission to the World Trade Organization (WTO) has brought some hope to curtail corruption, but this alone has not eliminated corruption within the PRC. One reason for the prevalence of corruption within the PRC is the intertwined relationship between the Chinese Communist Party and judicial and government officials. The purpose of this Masters thesis is to evaluate whether the relationship between Chinese governmental bodies and the PRC's arbitration systems makes Chinese arbitration systems susceptible to corruption.

This study examines the PRC's arbitration ...


Machtpolitik Und Völkerrecht, Beat Habegger Apr 2005

Machtpolitik Und Völkerrecht, Beat Habegger

Beat Habegger

No abstract provided.


Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks Apr 2005

Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks

Faculty Publications

The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering ...


Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson Mar 2005

Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson

University of Richmond Law Review

No abstract provided.


Collection Of Senator Cornyn's Articles On Federal Judicial Selections Introductory Letter, John Cornyn Mar 2005

Collection Of Senator Cornyn's Articles On Federal Judicial Selections Introductory Letter, John Cornyn

University of Richmond Law Review

No abstract provided.


Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman Mar 2005

Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman

University of Richmond Law Review

No abstract provided.


Judicial Selection As . . . Talk Radio, Michael J. Gerhardt Mar 2005

Judicial Selection As . . . Talk Radio, Michael J. Gerhardt

University of Richmond Law Review

No abstract provided.


Falsities On The Senate Floor, John Cornyn Mar 2005

Falsities On The Senate Floor, John Cornyn

University of Richmond Law Review

No abstract provided.


Standards Of The Supreme Court, John Cornyn Mar 2005

Standards Of The Supreme Court, John Cornyn

University of Richmond Law Review

No abstract provided.


Debunking Double Standards, John Cornyn Mar 2005

Debunking Double Standards, John Cornyn

University of Richmond Law Review

No abstract provided.


No Constitutional Right To A Rubber Stamp, Richard J. Durbin Mar 2005

No Constitutional Right To A Rubber Stamp, Richard J. Durbin

University of Richmond Law Review

No abstract provided.


Sacred Visions Of Law, Robert Tsai Feb 2005

Sacred Visions Of Law, Robert Tsai

Robert L Tsai

Around the time of the Bicentennial Celebration of the U.S. Constitution’s framing, Sanford Levinson called upon Americans to renew our “constitutional faith.” This Article answers the call by explicating the ways in which two landmark constitutional law decisions—Marbury v. Madison and Brown v. Board of Education—have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the Article argues that the legal symbols have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of ...


What Communities Should Do Pre-Event To Support Public Health Post-Event Assessments, Surveillance And Monitoring, Thomas Lyons Carr Iii Feb 2005

What Communities Should Do Pre-Event To Support Public Health Post-Event Assessments, Surveillance And Monitoring, Thomas Lyons Carr Iii

Thomas Lyons (Thom) Carr III Appl.Sc., CEM

[Abstract written March 2008, TLC] Under worst-case planning assumptions used by some major metropolitan areas, a Neighbor-to-Neighbor self-help program model is the primary link between citizens and the professional response personnel of the responsible government agencies.

In the Neighbor-to-Neighbor self-help program model or a Community Emergency Management Plan (CEMP) calls on the citizens in neighborhoods to identify and establish cluster emergency preparedness committees, Cluster Emergency Coordination Centers (CECC) and Community Emergency Response Teams (CERT). Missing from these plans or what is not articulated is how constant Public Health Post-Event Surveillance, Monitoring and Assessments will be done. Given the worst-case planning ...


2004-2005 Program Overview, Cedarville University Feb 2005

2004-2005 Program Overview, Cedarville University

The Staley Distinguished Christian Scholar Lecture Program

Lecture Theme: Is Statecraft Soulcraft?: Law, Politics, and Faith in a Liberal Democracy


Globaler Marktplatz Der Ideen: Vorschläge Zur Reform Der Uno-Generalversammlung, Beat Habegger Feb 2005

Globaler Marktplatz Der Ideen: Vorschläge Zur Reform Der Uno-Generalversammlung, Beat Habegger

Beat Habegger

No abstract provided.


A Dual Catastrophe Of Protectionism, Sungjoon Cho Feb 2005

A Dual Catastrophe Of Protectionism, Sungjoon Cho

All Faculty Scholarship

This Article argues that rampant parochial protectionism in the United States, a striking example of which is the recent skirmish over the Vietnamese seafood trade, yields catastrophic effects in domestic constitutional as well as foreign policy terms. Moreover, these harmful effects extend not only to the United States but also to the rest of the world. The Article consists of four Parts. Part I documents the trade dispute over Vietnamese catfish and shrimp exports to the U.S. market, with special attention to the question of how powerful southern lobbies prevailed over the broader economic interests of consuming industries and ...