Showing papers on "Doctrine published in 2002"

Inside Al Qaeda: Global Network of Terror

Abstract: Genesis of Al Qae'da - Al Qa'eda Leadership, Ideology and Organisation - Evolution of Al Qae'da: Peshawar to Khartoum and to Kandahar - Al Qa'eda's International Support and Operational Network - Al Qae'da Doctrine: Strategies, Tactics and Targets - A Watershed Event: September 11, 2001 - The International Response

Art as Innovation

Abstract: On October 10, 2001, the Eleventh Circuit handed down a decision, SunTrust v. Houghton Mifflin, that involved an unauthorized sequel to the classic novel Gone with the Wind where parties debated whether the taking was a fair use protected under Section 107 of the Copyright Act. However nuanced the fair use doctrine may appear, judges were confined to choosing between two fundamentally unattractive options -- injunction and free use. From an economic perspective, this paper argues that the present process for assigning fair use and preliminary injunction for transformative uses is not economically efficient. First, transformative works present an existing product with a new expression and meaning and serve entirely different audiences who would not traffic in the basic products of the primary market. Second, present jurisprudence is uncertain and daunting to the innovating artist who may shy away from producing transformative works. Third, the suppression of transformative product that results from injunctions has no countervailing gain in primary markets, as it is unlikely that any primary work would go unpublished if injunctions were discontinued.

The use of force in UN peace operations

Abstract: One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

The Law and Economics of Consumer Finance

Abstract: This survey of the law and economics of consumer finance discusses economic models of consumer lending and evaluates the major consumer finance laws in light of them. We focus on usury laws; restrictions on creditor remedies, such as the ban on expansive security interests; bankruptcy law; limitations on third-party defenses, such as the holder-in-due-course doctrine; information disclosure rules, including the Truth in Lending Act; and antidiscrimination law. We also discuss the empirical literature.

Democracy: A Very Short Introduction

Abstract: No political concept is more used, and misused, than that of democracy. Nearly every regime today claims to be democratic, but not all 'democracies' allow free politics, and free politics existed long before democratic franchises. This book is a short account of the history of the doctrine and practice of democracy, from ancient Greece and Rome through the American, French, and Russian revolutions, and of the usages and practices associated with it in the modern world. It argues that democracy is a necessary but not a sufficient condition for good government, and that ideas of the rule of law, and of human rights, should in some situations limit democratic claims. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Widening the Circle: Culturally Relevant Pedagogy for American Indian Children

Abstract: 1. Reaching All of Our Children 2. A Brief History of Indian Education 3. Legacies of Colonization 4. Language and Cultural Values: Defining Who We Are 5. American Indians and their Cultures: Strong Educators Construct School Success for Children 6. Refusing to Believe in the Doctrine of Failure: Culturally Responsive Pedagogy for American Indian Children 7. School Organization, Parent, and Community Involvement 8. Case Studies: the Meeting of Two Cultures 9. Ongoing Concerns in American Indian Education 10. Conclusions and Recommendations: Effecive Schools for American Indian Children

Corporate Law’s Limits

Abstract: A strong theory has emerged that the quality of corporate law in protecting distant shareholders primarily determines whether ownership and control separate. The theory helps to convincingly explain why separation is weak in transition and developing nations. But in several rich nations, although legal structures as measured protect shareholders well, separation is shallow. Something else has impeded separation. Separation should be narrow if shareholders face high managerial agency costs if ownership diffused. But most managerial agency costs are not corporate law's focus. Judicial doctrine attacks self‐dealing, not business decisions that hurt stockholders. Indeed, the business judgment rule puts beyond direct legal inquiry most key agency costs—such as overexpansion, overinvestment, and reluctance to take on profitable but uncomfortable risks. Even if a nation's core corporate law is perfect, it directly eliminates self‐dealing, not most managerial mistake or most misalignment with shareholder...

Undoing the global constitution: UN Security Council action on the International Criminal Court

Abstract: The adoption of the Rome Statute of the International Criminal Court (ICC) adopted in 1998, marked the culmination of the international constitutional law–making of the twentieth century. The Statute reflects a vision of an advanced universal legal order, administered through a process of multilayered international governance. In this article the author examines the key elements of this design, including the doctrine of universality of international criminal jurisdiction, the process of universal law–making and international institution–building. The author places these concepts, and the ICC itself, into the context of the emerging international constitutional order. He also considers the attempts of the United States government to undermine some of the key assumptions that underpin the concept of the ICC. In addition to analysing the objections put by the US government, the author addresses its campaign in the United Nations Security Council to exempt US service personnel and others from the reach of the court. He argues that this episode represents a very important factor in the possible development of two parallel international legal systems: one of universal application, and a special set of rules and exemptions that, it is argued, should only apply to the one remaining superpower.

Thinking effects: Effects-based methodology for joint operations

Abstract: : A notable shift in geopolitics began more than 10 years ago with the collapse of the Soviet Union. From the perspective of the U.S. military, the primary thrust of this shift was to replace a unitary, implacable, and constantly threatening foe-world communism, represented by the Soviet Union, China and their allies-with more nebulous and multifarious threats. Combined with the experience of World War II, this long-enduring face-off contributed to the development of a conquest paradigm in U.S. military doctrine. Despite the experiences in Korea, Vietnam, and other places over the ensuing decades, the majority of doctrine was written to deal specifically with a major theater war (MTW) through the employment of the conquest paradigm.

Cosmopolitanism: a critique

Abstract: Cosmopolitanism, originally a doctrine of world citizenship, has come in recent political philosophy to mean simply an ethical outlook in which every human being is equally an object of moral concern. However ethical cosmopolitans slide from this moral truism to deny, controversially, that as agents we have special duties of limited scope. Political communities create relations of reciprocity between their citizens and pursue projects that reflect culturally specific values and beliefs, generating special duties among fellow-members. Strong cosmopolitanism would require the creation of a world government, and this could only be an imperialist project in which existing cultural differences were either nullified or privatised.

From Terra Nullius to Affirmation: Reconciling Aboriginal Rights with the Canadian Constitution1

Abstract: The Canadian state presents itself as tolerant, anti-colonial and self-critical. Yet, the legal justification for the Crown's acquisition of sovereignty and jurisdiction concerning Indigenous peoples and their lands, relies on the colonial era doctrine of terra nullius which is based on the proposition that Indigenous peoples were sufficiently inferior to enable the Crown to presume that their territories were unoccupied. This paper discusses how the doctrine of terra nullius becomes applied in Canadian law and its limitations as an acceptable proposition at this time in history. It then discusses and evaluates alternatives to that doctrine which have been proposed in various quarters in order to determine the possibilities for the conceptualization and establishment of a political and legal relationship between First Nations and Canada that is post-colonial in its approach and practice.

An Elegant and Learned Discourse of the Light of Nature

Abstract: This collection of 17th century sermons examines the relationship between faith and reason, and forms one of the first attempts in English Protestantism to stress the role of reason in ethics and to develop a doctrine of natural law. Nathaniel Culverwell is considered one of the principal scholars of the seventeenth century. This collection of sermons he delivered in 1645-46, examines the relationship between reason and faith, and forms one of the first attempts in English Protestantism to stress the role of reason in ethics and to develop a doctrine of natural law. Culverwell represents a crucial intersection in the discussion of reason and faith. While providing a link between the Calvinist dependence on faith and grace and the Enlightenment dependence on reason and humanism, Culverwell's Discourse is a picture of the world on the brink of the Enlightenment. The seventeenth century was an era that included the Puritan migration from England to America and the English Civil War. During this period, an understanding of the divine, and the interrelationship between reason and revelation, was often a matter of violent debate. An Elegant and Learned Discourse of the Light of Nature spans several centuries, during which the very nature of knowledge as a product of reason, not the means of revelation, gained ascendancy in Western civilization. This discourse was crucial to the development of a theoretical grounding for individual challenges to established authorities, both political and ecclesiastical, and thus to the development of modern theories of liberty and responsibility.

A century of juvenile justice

Abstract: Since its inception in Illinois in 1899, the juvenile court has become a remarkable legal and social institution all over the developed world, one that plays a singular role in modern government. At its founding, the juvenile court was intended to reverse longstanding legal traditions, and place the child's interests first in areas of law ranging from dependency to delinquency. Yet in recent years, legal responses to youths' offences have undergone striking changes, as more juveniles are being transferred to adult courts and serving adult sentences. "A Century of Juvenile Justice" is the first standard, comprehensive and comparative reference work to span the history and current state of juvenile justice. An extraordinary assemblage of leading authorities have produced an accessible, illustrated document, designed as a reference for everyone from probation and police to students, educators, lawyers and social workers. Editors' introductions place into context each of the book's five sections, which consider the history of the ideas around which the system was organized and the institutions and practices that resulted; the ways in which this set of institutions and practices interacts with other aspects of government policy toward children in the US and in other nations; and also the ways in which changing social and legal meanings of childhood and youth have continued to influence juvenile justice. The doctrine and institutions of juvenile justice in Europe, Japan, England and Scotland are profiled in depth to show the range of modern responses to youth crime and child endangerment. This comparative material provides a fresh basis for judging the direction of policy in the US.

On the Doctrine of Mean

Abstract: Golden mean' and 'sincerity' are two basic subjects discussed in "The Doctrine of Mean".The present paper mainly analyses the five moral principles, three virtues and some other aspects of the doctrine of the great book.

Road Work: Racial Profiling and Drug Interdiction on the Highway

Abstract: Under court orders in past and pending cases, the Maryland State Police maintain a uniquely detailed, publicly available database on the stops and searches they conduct on Interstate Highway 95. In this article we present a comprehensive review of those data, from 1995 through mid-2000, and discuss the problems that are inherent in using official records to study police conduct. We conclude that the Maryland State Police plainly do use race and ethnicity to decide who to stop and who to search, apparently in an effort to increase the tiny proportion of stops that lead to arrests of drug traffickers and to seizures of large quantities of illegal drugs. As a factual matter, it is unclear how this "racial profiling" effects drug seizures, since our knowledge of the drug trade is limited to information derived from racially discriminatory police investigations. As a legal matter, the practice is clearly unconstitutional. Fourth Amendment doctrine is ambiguous, but there is little doubt that this form of racial profiling violates the Equal Protection Clause. More important, racial profiling on the highway has become politically unacceptable, and remains so even with the heightened concern about security after September 11, 2001. It is easy to see why. Not only does this practice victimize and humiliate thousands of innocent minority drivers, but it serves no positive function of consequence, since the drug interdiction program in which it occurs has no discernable effect on drug trafficking.

Fear, greed and glory: the causes of Roman war-making in the middle Republic

Abstract: Until recently, the dominant view among scholars was that Roman imperialism was essentially defensive. The principal factor which led the Romans to undertake their wars was, it was held, the fear of powerful neighbours, a fear which was in some cases wellfounded, in others mistaken. Some writers also stressed the importance of accident and misunderstanding. However, it was thought that the prospect of economic gain did not play an important part in bringing about the wars, and that the Romans’ territorial expansion was largely unsought. This doctrine originated with Mommsen (1877-80), and early in this century found notable exponents in Frank (1914) and Holleaux (1921). More recent statements of the case include those of Badian (1958, 1968), Walbank (1963) and Errington (1971).

The Reconstitution of Property: Property as a Web of Interests

Abstract: The metaphor of property as a "bundle of sticks: or "bundle of rights" leads to the "disintegration of property": a concept of property that is too incoherent, ill-defined, and malleable to be meaningful. This article identifies several theoretical problems with the bundle of rights metaphor, and proposes a new metaphor of property as a web of interests. The "web of interests" metaphor describes property as interests - including responsibilities, as well as rights - that people, groups, and entities share in objects of those interests (whether tangible or intangible objects). These interests vary with the nature or characteristics of the object, which is at the center of the web. The object's specific characteristics matter both legally and socially. The article identifies 15 different legally relevant categories of object characteristics, as well as 9 strands of connection in the web's relationships. The "web of interests" metaphor is built upon emerging environmental, personhood, and expectations theories of property, as well as empirical observation of both judicial and social practice. The article examines several areas of property law in light of the insights gained from this new metaphor, including: 1) regulatory takings and land use; 2) nature-oriented limitations inherent in land and water rights (e.g., public trust doctrine, natural use doctrine, nuisance doctrine); 3) property interests in wildlife and wildlife habitat; 4) property interests in corporations; and 5) the right to exclude and expressive use.

Israeli Military Actions and Internalization-externalization Processes

Abstract: As a manifestation of its self-reliance doctrine, the state of Israel has acted unilaterally in the military realm throughout its history. Several scholars have also linked Israeli actions to elect...

Global Doctrine and Local Knowledge: Law in South East Asia

Abstract: The relationship between the global and the local is one of critical importance to all regions of the world. In the resolution of the tension between the irresistible surge of globalisation and the undeniable facts of society as it actually exists in the various localities which together comprise the very world which is presumably the object or the subject-matter of globalisation, law lies at the forefront. It is, one might say, the very intellectual battlefield which we have selected for the resolution of the major problem facing human society at the turn of the century. The purpose of this article is therefore to investigate, in a somewhat narrative fashion the relationship between the global and the local in the context of law in South East Asia. The topic is clearly too large to be dealt with in a short space with the rigour and articulation it really deserves, but it is hoped that the approach adopted will provide some kind of a frame of reference for regarding, studying, and hopefully improving, the law in the South East Asian region; and will perhaps focus a pencil of light on the problems of the global and the local in this particular regional context.

Globalisation and insurgency

Abstract: GLOSSARY INTRODUCTION 1. Global Change and Weak States Transport technology Communications Deregulation of the international economy Migration Culture Conclusion 2. The Refinement of Violence Opposing forces The environment Different cultures of violence Leadership Conclusion 3. The Classification of Insurgent Forces Lumpen insurgent forces The clan insurgent force Popular insurgent forces Environment and opposition forces A global insurgent force CONCLUSION Warlords or revolutionaries Real warriors or true soldiers Globalisation and insurgency Doctrine and military planning APPENDICES NOTES

Avoiding Vietnam: The U.S. Army’s Response to Defeat in Southeast Asia

Abstract: : As American operations against terrorism spread around the globe to places like Afghanistan and the Philippines, an increasing tendency has been for commentators to draw parallels with past experience in Vietnam. Even soldiers on the ground have begun to speak in such terms. Dr. Conrad Crane analyzes the Army's response to that defeat in Southeast Asia and its long-term impact. Contrary to the accepted wisdom that nations which lose wars tend to learn best how to correct their mistakes, he argues that Americans tried to forget the unhappy experience with counterinsurgency by refocusing on conventional wars. While that process eventually produced the powerful force that won the Persian Gulf War, it left an Army with force structure, doctrine, and attitudes that are much less applicable to the peace operations and counterterrorism campaign it now faces. Dr. Crane asserts that the Army must change in order to operate effectively in the full spectrum of future requirements, and it is time to reexamine the war in Vietnam. His study also draws attention to the service's "Lessons Learned" process, and provides insights as to how the experience gained in Operation ENDURING FREEDOM should be analyzed and applied.

Special Operations Forces and Elusive Enemy Ground Targets: Lessons from Vietnam and the Persian Gulf War

Abstract: : This report was written as part of a Project AIR FORCE FY 2000 study on elusive ground targets. The larger effort, sponsored by the Director of Strategic Planning, Headquarters, USAF, explored the possibility that warfare is evolving in reaction to the dominance of standoff sensors and weapons. The study looked in particular at how elusive forces (ranging from light forces in a peace operation to mobile ballistic missiles in a larger conflict) operate, why the United States has a limited capability against them today, and how we might do better in the future. Findings from the broader effort, part of the Project AIR FORCE Strategy and Doctrine program, are documented in MR-1398-AF, Aerospace Operations Against Elusive Ground Targets, by Alan Vick, Richard M. Moore, Bruce R. Pirnie, and John Stillion. This report explores the role of ground observers in efforts to detect and defeat such forces. Drawing on U.S. experiences during the Vietnam and Persian Gulf wars, the study examines the challenges associated with employing ground observers to search large areas for elusive targets. The report also suggests ways in which ground observers might be usefully employed during future conflicts. It should be of interest to both aviators and land warriors in U.S. and allied militaries as well as the broader defense community.

When a Woman's Marital Status Determined Her Legal Status: A Research Guide on the Common Law Doctrine of Coverture

Abstract: This research guide collects and annotates books and journal articles about the common doctrine of coverture, which held that a wife had no legal standing because her being was completely incorporated into that of her husband. The doctrine was imported from England into Colonial America and has not yet disappeared from the law.

Humanitarian Intervention as a Necessity and the Threat or Use of Jus Cogens

Abstract: As the twentieth century was drawing to a close, intervention for humanitarian purposes involving the use of force became a political reality and so a popular subject of study in international law. This article is yet another contribution. It draws on, and uses by way of illustration, two recent contributions featured in this journal. On the basis of a critical analysis of the draft articles on Responsibility of States for internationally wrongful acts as adopted by the International Law Commission in 2001, it is asked whether humanitarian intervention may be justified in international law as an act of necessity despite the prohibition of the use of force. The century-old doctrine of necessity has always provoked unease among international lawyers. A contemporary way to cloak this unease has been the idea expressed in the International Law Commission's draft articles that necessity cannot preclude the wrongfulness of an act not in conformity with an obligation arising under a peremptory rule. And so the doctrine of necessity brings one to consider the use or threat of jus cogens outside the law of treaties. This is particularly apposite to the prohibition of the use of force because it is the least controversial example of a rule of jus cogens . It is concluded that under extraordinary circumstances necessity may justify a humanitarian intervention or other uses of force.

Radical Cartesianism: The French Reception of Descartes

Abstract: Preface A note on citation and translation List of abbreviations Introduction: radical Cartesianism in context Part I Robert Desgabets: 1 Desgabets's Considerations, Arnauld and Cartesianism Part II Three Radical Doctrines: 2 The creation doctrine: indefectible material substance and God 3 The intentionality doctrine: ideas and extra-mental objects 4 The union doctrine: temporal human thought and motion Part III Pierre-Sylvain Regis: 5 Huet's Censura, Malebranche and Platonism Conclusion: 'a forgotten branch of Cartesianism' Works cited Index