CWRU Law School Faculty Publication 1970 - Now

Peacekeeping operations have unintended consequences - this fact has long been ignored by both practitioners and researchers. The deployment of a large number of soldiers, police officers and civilian personnel inevitably has various effects on the host society and economy, not all of which are in keeping with the peacekeeping mandate and intent or are easily discernible prior to the intervention. Such unintended consequences are especially serious when they cause harm to the local community, as in the case of sexual abuse and exploitation, corruption or the creation of a false economy. Unintended side-effects can also negatively affect the ability of the peacekeeping mission to achieve its mandate. This book is one of the first attempts to improve our understanding of unintended consequences of peacekeeping operations, by bringing together field experiences and academic analyses. The book investigates unintended consequences of peacekeeping operations on individuals and groups of individuals, on the host society and economy, and on the troop-contributing countries. It also analyses the degree to which the United Nations has tried to manage some of these side-effects, as well as the United Nations' accountability in the context of the international legal framework. The aim of the book is not to discredit peace operations but rather to improve the way in which such operations are planned and managed. The book identifies the need to develop a culture of accountability, which should include institutionalizing processes aimed at anticipating unintended consequences as a routine part of all planning cycles, and the monitoring of effects, including unintended effects, so that steps can be taken to prevent and manage negative side-effects as early as possible.

Today's complex set of moral issues involving medical research, health care, and the biological sciences can best be understood through the diverse perspectives of healthcare-providers, scientists, and others who have a vital stake in the field. Culled from the pages of the groundbreaking journal, Lahey Clinic Medical Ethics, this book offers students, healthcare professionals, and the general public insights into key ethical concepts and their practical applications through the writings of physicians, philosophers, theologians, nurses, humanists, anthropologists, psychologists, historians, policy experts, lawyers, and others.The collection includes introductory articles by the editor, Dr. David Steinberg, that put into context the contributions by such noted experts as Jerome Kagan, Laurie Zoloth, Stuart Youngner, Daniel Callahan, Albert Jonson, George Annas, Dan Brock, Bernard Gert, Daniel Dennett, Peter Singer, Alexander Morgan Capron, and Robert Veatch. The volume includes discussions of bioethical challenges in the clinical arena; ethical challenges associated with advances in biotechnology, genetics, and reproductive medicine; legal perspectives; physician-assisted suicide and euthanasia; health policy and distributive justice; the experience of illness, and many more critical issues. Commentary on such issues from a broad range of perspectives-including debates among proponents of clashing viewpoints-adds to the book's richness, texture, and depth.Biomedical Ethics is an essential volume for professional schools of medicine, law, nursing, medical technology, social work, and healthcare administration, and it is an excellent supplemental text for ethics courses in philosophy, religion, sociology, and public policy.

At the beginning of the twenty-first century, environmental change is a pressing public issue across the globe. Natures Past seeks to lend some historical depth to current debates about man-made modifications of ecological processes and systems and also to explore the global dimensions of the dynamic relationships natural environments establish with people. The ten essays in Natures Past discuss the diverse approaches to environmental history, demonstrating that significant environmental change is not a modern invention and people have long been transforming their natural surroundings, often in unintended ways. Natures Past also shows that humans have not always had antagonistic relationships with nature but have also successfully found new, stable relationships with the natures they inhabit. The essays, comprised of contributions by anthropologists, foresters, historians, and literary scholars, discuss malaria-bearing mosquitoes, Maine lobster fishing, Bornean durian husbandry, and American lawn mowing, among other things, and suggest how ecology, culture, and market interact to change the fate, and the value, of nature in each context.

Lively political and public debates on war and morality have been a feature of the post-Cold War world. The Price of Peace argues that a re-examination of the just war tradition is therefore required. The authors suggest that despite fluctuations and transformations in international politics, the just war tradition continues to be relevant. However they argue that it needs to be reworked to respond to the new challenges to international security represented by the end of the Cold War and the impact of terrorism. With an interdisciplinary and transatlantic approach, this volume provides a dialogue between theological, political, military and public actors. By articulating what a reconstituted just war tradition might mean in practice, it also aims to assist policy-makers and citizens in dealing with the ethical dilemmas of war.

The most significant change in the Seventh Edition deals with the revolution in Confrontation Clause jurisprudence occasioned by the Supreme Court's decisions in Crawford v. Washington (2004) and Davis v. Washington (2006). The confrontation section of the book in Chapter 13 is completely revised and substantially expanded. Extensive notes describe the operation of the earlier system of confrontation analysis, the immediate impact, and the areas of continuing uncertainty under Crawford and Davis. The new edition also continues the trend in the Sixth Edition, which dramatically revamped the book's treatment of scientific evidence, and includes a number of new cases and notes regarding scientific evidence because of the dynamic nature of that particular area of evidence law.

The third edition has been significantly updated, especially to reflect case trends in the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity), as well as developments and issues with respect to creation of the new permanent International Criminal Court. Some chapters have been deleted and some materials have been cut back to include new materials for a more manageable book.

This problem-oriented coursebook is designed to expose students to the most significant current legal issues relating to international organizations in a stimulating format. Each chapter begins with a role-playing exercise or simulation in the form of an introductory problem, which places the subsequent material in an exciting and realistic context. The Second Edition updates all of the existing chapters, and adds new chapters addressing organizations not covered in the First Edition, including the World Trade Organization, the International Monetary Fund, the World Bank, and Interpol. In addition, it focuses on timely new issues, including the legality of the 2003 US invasion of Iraq, protection of cultural property and artifacts, and balancing human rights and national security in the context of the war on terrorism.The book covers issues relevant to many kinds of international organizations, focusing mainly on international organizations that are within the U.N. system, including the U.N. Secretariat, General Assembly, Security Council, Sanctions Committee, Credentials Committee, International Court of Justice, Human Rights Commission, International Financial Institutions, and International Criminal Tribunals. Scharf addresses such issues as political obstacles to the effective functioning of international organizations, interpretation of the Charters and regulations governing international organizations, questions of financing, credential challenges, succession problems, privileges and immunities disputes, efforts at Security Council reform, application and interpretation of U.N. sanctions resolutions, U.N. peacekeeping controversies, the issue of humanitarian intervention, and the role of international law in U.N. organized peace negotiations.

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