China\u27s Reform of Aviation: A Signal of the Siginificance of Competition under Law

What will China be like at the millenium\u27s close? China may be the most changing nation on Earth, with few definite landmarks to guide analysis of political and economic developments. One\u27s perspective is important: up too close, one sees the eddies of intrigue which occasionally topple someone in high office; too far back, one can miss the extraordinary significance of what is happening in China at this point in history. This discussion has limited goals. Under examination is the strikingly anamolous introduction of competitive economic forces into a high-technology service sector: aviation. The approach of this examination is to inquire into the development of legal systems regulating that competition. Part I establishes the theoretical principles of the recent economic reforms in China. Part II describes the manifold changes in China\u27s aviation industry. Part III offers some restrained comments regarding what these changes may, in light of the past, signify for China\u27s future

Managing Terrorism\u27s Consequences-- Legal Issues

The risk of catastrophic terrorist attacks presents a new set of problems for the Nation, problems with which officials may not be prepared to cope. The National Commission on Terrorism recognized the need for a legal guide on the implementation of existing legal authority to effectively respond to catastrophic terrorist threats or attacks. This monograph is thus presented on the legal issues of consequence management. A brief overview is presented of emergency planning and 10 aspects of emergency response to catastrophic terrorism are identified and described

De-Coupling the Military/Industrial Complex - The Liability of Weapons Makers for Injuries to Servicemen

This Article is about the military contractor defense: the legal doctrine which insulates weapons makers from liability to servicemen for injuries caused by defectively designed weapons. Essentially, the military contractor defense shields weapons makers from state product liability law because of fears that operation of that law will cause the judiciary to trespass into the military sphere. This Article suggests that the military contractor defense constitutes a rejection of the judicial role in regulating procurement. This rejection is an unwarranted step in favor of an overgrown military establishment. The theme of this Article is that military policy is something which is factually, theoretically, and legally separate from weapons manufacture. This Article puts forward the counterproposition that primary responsibility for the design of most weapons systems, in fact, lies with the contractor. Throughout this Article runs the underlying idea that the private enterprise system of weapons procurement in the United States has afforded large opportunities for personal and economic success in order to provide incentives for efficient and innovative production. This Article contains two Parts. Part One presents the military contractor defense in its current doctrinal form and concludes that the military contractor defense can rest only upon a judicial refusal in the name of separation of powers to scrutinize the responsibility for a weapon\u27s design. Part Two examines the United States\u27 procurement system and concludes that determinations of responsibility and accountability subject to judicial review are critical to the nation\u27s reliance on the private market for weapons

China\u27s Reform of Aviation: A Signal of the Siginificance of Competition under Law

What will China be like at the millenium\u27s close? China may be the most changing nation on Earth, with few definite landmarks to guide analysis of political and economic developments. One\u27s perspective is important: up too close, one sees the eddies of intrigue which occasionally topple someone in high office; too far back, one can miss the extraordinary significance of what is happening in China at this point in history. This discussion has limited goals. Under examination is the strikingly anamolous introduction of competitive economic forces into a high-technology service sector: aviation. The approach of this examination is to inquire into the development of legal systems regulating that competition. Part I establishes the theoretical principles of the recent economic reforms in China. Part II describes the manifold changes in China\u27s aviation industry. Part III offers some restrained comments regarding what these changes may, in light of the past, signify for China\u27s future

Targeted Killings—Never Not an Act of International Criminal Law Enforcement

Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In this essay, I assert that targeted killings to combat terrorist threats should not be governed predominantly by the law of war but should be synthesized with widely recognized principles of international criminal justice. Targeted killings are now the only aspect of counter-terrorism policy that operates outside constraints of criminal justice and beyond judicial review. That many people are being killed without anything like due process of law undermines the pursuit of strategies to strengthen law enforcement’s role in global counter-terrorism. A targeted killing is never not an act of criminal law enforcement and therefore must be governed by a foundational commitment to the primacy of criminal justice in defeating threats of terrorism