Matching Entries: 5,271

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    Simultaneous Rediffusion by Cable Television Operators in Canada and the Problems of Nonpayment of Copyright Royalties
    01 Jan 1986

    This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliamen…

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    McNaghten Rules OK? The Need for Revision of the Automatism and Insanity Defenses in English Criminal Law
    01 Jan 1987

    There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal la…

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    The Legality of Nuclear Arms Under International Law
    01 Jan 1987

    This Article will examine different uses of nuclear weapons and will assess the legality of these uses under positive and customary international law. It will conclude that any nuclear weapon would be encompassed by the prohibition against gas and other related weapons. In addition, it will conclude that in all but its most limited uses, weapons would cause unnecessary suffering, would fail to …

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    Self Doubts on Approaching Forty: The United Nations' Oldest and Only Collective Security Enforcement Army, the United Nations Command in Korea
    01 Jan 1987

    This paper discusses an anomaly: the United Nations Command in Korea - an international armed force established in 1950 by U.N. member states. Originally, designed to restore international peace and security in Korea, it has recently been questioned by the world organization that gave it life. The author reviews the culmination of events that resulted in the UNC's creation and its continuing viab…

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    The Church Abuse Scandal: Were Crimes Against Humanity Committed?
    01 Jan 2011

    Increasingly shocking revelations about sexual abuse by members of Catholic religious congregations and diocesan priests have recently raised the question of whether such widespread abuses constitute crimes against humanity. This paper considers that question in the context of a report issued by the Ryan Commission, an independent quasi-judicial commission that spent 10 years conducting det…

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    Redressing Deprivations of Rights Secured by State Constitutions Outside the Shadow of the Supreme Court's Constitutional Remedies Jurisprudence
    01 Jan 2011

    The second generation of state constitutionalism is now emerging. With the methodology of autonomous state constitutional protection more clearly defined, courts and legislatures are turning to the task of determining when, and from whom, they should award damages to citizens deprived of their state constitutional rights. State courts, as well as legislatures contemplating statutes authori…

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    Probability, Individualization, and Uniqueness in Forensic Science Evidence: Listening to the Academies
    01 Jan 2010

    Day in and day out, criminalists testify to positive, uniquely specific identifications of fingerprints, bullets, handwriting, and other trace evidence. A committee of the National Academy of Sciences, building on the writing of academic commentators, has called for sweeping changes in the presentation and production of evidence of identification. These include some form of circumscribed an…

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    Christian Realism and Immigration Reform
    01 Jan 2010

    Drawing upon President Barack Obama’s admiration of Reinhold Niebuhr’s work, this Essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a pragmatic, yet optimistic, alternative to secular…

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    Business as Usual: Immigration and the National Security Exception
    01 Jan 2010

    Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropoli…

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    Two Fallacies About DNA Data Banks for Law Enforcement
    01 Jan 2001

    This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

    It describes alternative approaches, including the possibil…