Now showing items 1-10 of 13
Illusory nature of environmental protection in a Marxist-socialist polity: The case of Poland
Michael J. Kelly, The Illusory Nature of Environmental Protection in a Marxist-Socialist Polity: The Case of Poland, 32 Ind. L. Rev. 213 (1998) (reviewing Daniel H. Cole, Instituting Environmental Protection: From Red to Green in Poland (1998)).
This review favorably considers Professor Cole's analysis of Poland's environmental protection efforts following the fall of communism in Eastern Europe.
Computer generated evidence as a witness beyond cross-examination
Michael J. Kelly, Computer Generated Evidence as a Witness Beyond Cross-Examination, 17 J. Prod. & Toxics Liab. 95 (1995).
The admission of computer simulations as evidence in civil trials has created the dilemma of how to cross-examine such testimony. Juries tend to believe what they see on television and videos, making it almost impossible ...
Conflicting trends in the flourishing international trade of art and antiquities: Restitutio in integrum and possessio animo ferundi/lucrandi
Michael J. Kelly, Conflicting Trends in the Flourishing International Trade of Art and Antiquities: Restitutio in Integrum and Possessio Animo Ferundi/Lucrandi, 14 Dick. J. Int'l L. 31 (1995).
This article studies the underlying economics driving the international black market in art and antiquities from the perspective of the looters who illegally excavate antiquities or steal art, the brokers who launder it, ...
Political downsizing: The re-emerging of self-determination, and the movement toward smaller, ethnically homogenous states
Michael J. Kelly, Political Downsizing: The Re-Emergence of Self-Determination, and the Movement Toward Smaller, Ethnically Homogenous States, 47 Drake L. Rev. 209 (1999).
The end of the Cold War brought about the third wave of nation-state creation/dissolution similar to that experienced after the First World War and the decolonization period of the mid-20th Century. This paper examines the ...
Overcoming obstacles to the effective implementation of international environmental agreements
Michael J. Kelly, Overcoming Obstacles to the Effective Implementation of International Environmental Agreements, 9 Geo. Int'l Envtl L. Rev. 447 (1997).
Since the 1970's, there has been an explosion of environmental treaties geared toward protecting the global commons and regulating international environmental issues. However, the obstacles to effectively implementing these ...
Skeleton in the legal closet: The discovery of "Kennewick Man" crystalizes the debate over federal law governing disposal of ancient human remains
Michael J. Kelly, A Skeleton in the Legal Closet: The Discovery of “Kennewick Man” Crystalizes the Debate over Federal Law Governing Disposal of Ancient Human Remains, 21 U. Haw. L. Rev. 42 (1999).
When a 9,000 year-old Causasoid skeleton dubbed "Kennewick Man" was discovered in the Pacific Northwest in 1996, scientists began to research why such a person was in that geographic area when people of that morphology ...
Case studies "ripe" for the International Criminal Court: Practical applications for the Pinochet, Ocalan, and Libyan Bomber trials
Michael J. Kelly, Case Studies “Ripe” for the International Criminal Court: Practical Applications for the Pinochet, Ocalan, and Libyan Bomber Trials, 8 J. Int'l. L. & Prac. 21 (1999).
This study considers the criminal cases against former Chilean dictator Augusto Pinochet, former Kurdish terrorist leader Abdullah Ocalan, and the Libyan intelligence agents who bombed Pan Am 103 over Lockerbie Scotland, ...
Bringing a complaint under the NAFTA Environmental Side Accord: Difficult steps under a procedural paper tiger, but movement in the right direction
Michael J. Kelly, Bringing a Complaint Under the NAFTA Environmental Side Accord: Difficult Steps Under a Procedural Paper Tiger, But Movement in the Right Direction, 24 Pepp. L. Rev. 71 (1996).
The NAFTA Environmental Side Accord provides for environmental disputes to be negotiated and litigated among the NAFTA partners (U.S., Canada, and Mexico). The process for dispute settlement is cumbersome and political, ...
Electronic environmental permitting: Panacea or Pandora's box?
Joyce M. Martin & Michael J. Kelly, Electronic Environmental Permitting: Panacea or Pandora’s Box?, 23 B.C. Envtl Aff. L. Rev. 547 (1996).
This study evaluates the efficacy of state environmental regulatory agencies moving to wholly electronic environmental pollution permitting schemes - identifying pro's and con's and legal/policy implications for the regulated ...
Traveling the road to Rambouillet: Is the imposition of federalism in Kosovo pragmatic foreign policy or unwise meddling?
Michael J. Kelly, Traveling the Road to Rambouillet: Is the Imposition of Federalism in Kosovo Pragmatic Foreign Policy or Unwise Meddling?, 40 S. Tex. L. Rev. 789 (1999), reprinted in Comparative Federalism in the Devolution Era 247 (Neil Colman McCabe ed. 2002).
This is a diplomatic history of the Rambouillet conference held to stave off war between NATO and the remnants of Yugoslavia under Slobodan Milosevic at the height of the Milosevic campaign of ethnic cleansing in Kosovo ...