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The Corruption of Civilizations………………Timothy K Georgia State University College of Law Reading Room Faculty Publications By Year Faculty Publications 1-1-2008 The orC ruption of Civilizations Timothy K. Kuhner Georgia State University College of Law, [email protected] Follow this and additional works at: https://readingroom.law.gsu.edu/faculty_pub Part of the Law and Politics Commons, Law and Society Commons, and the Legal History Commons Recommended Citation Timothy K. Kuhner, The orC ruption of Civilizations, 13 Roger Williams U. L. Rev. 349 (2008). This Article is brought to you for free and open access by the Faculty Publications at Reading Room. It has been accepted for inclusion in Faculty Publications By Year by an authorized administrator of Reading Room. For more information, please contact [email protected]. ROGER WILLIAMS UNIVERSITY LAW REVIEW VOLUME 13 Spring 2008 ROGER WILLIAMS UNIVERSITY SCHOOL OF LAW © 2008 Roger Williams University Law Review ISSN 1090-3968 i ROGER WILLIAMS UNIVERSITY LAW REVIEW VOLUME THIRTEEN SPRING 2008 NUMBER TWO EDITORIAL BOARD Matthew L. Fabisch Mary B. Kibble Editor-in-Chief Managing Editor J. David Freel Executive Articles Editor Aaron L. Shapira Adam Noska John M. Greene Articles Editor Articles Editor Articles Editor Alexandria E. Baez Executive Notes & Comments Editor Megan K. Maciasz Kenneth Rampino Notes & Comments Editor Notes & Comments Editor Ronald LaRocca Rhode Island Editor ASSISTANT EDITORS Wendy Andre Kathleen J. Andresen Alison Conboy Debra Conry Monica Fanesi Michelle Gobin J. Timothy Lebsock Kevin W. Lewis Christina Paradise Allyson Picard Micah Penn Hadley Perry Ashley Taylor STAFF Kimberly Ahern Amanda J. Argentieri Stephanie J. Bowser Scott M. Carlson David Casale Siobhan L. Gannon Gwendolyn M. Hancock Andrea Harrison Kristina I. Hultman Meaghan E. Kelly B Jennifer Lemieux Maureen McCrann Sally P. McDonald Kathryn H. Petit David R Petrarca, Jr. Alexandra W. Pezzello Alec Rice Erin B. Rosenthal Tim St. Lawrence Jessica Stanford Katherine A. Sulentic Jillian N. Taylor L. Evan Van Gorder A. Chace Wessling Alexandra C. Wilcox FACULTY ADVISOR SYMPOSIUM ADVISOR ADMINISTRATIVE ASSISTANT Peter S. Margulies Peter S. Margulies Shirley Staskiewicz iii ERRATUM In the Introduction to the Symposium on Genuine Tort Reform in the Winter 2008 issue of the Roger Williams University Law Review , we erroneously stated that symposium was made possible by a generous grant of the Roscoe Pound Foundation. In fact, it was the American Association for Justice Robert L. Habush Endowment (hereinafter AAJ Endowment) that made that very generous grant. We sincerely apologize for the error, and thank the AAJ Endowment for supporting our Symposium on Genuine Tort Reform and the important scholarship it produced. We also take this opportunity to set forth the mission of the AAJ Endowment: The mission of the AAJ Endowment, in conjunction with AAJ, is to preserve and protect the civil justice system and individual rights. It accomplishes this through the following priorities: • providing consistent public education and research to promote informed public dialogue on, understanding of and appreciation for the civil justice system; • sponsoring prestigious education programs and well-received publications for judges and law professors; and, • funding innovative scholarship and far reaching research on the civil justice system and individual rights. iv ROGER WILLIAMS UNIVERSITY LAW REVIEW VOLUME THIRTEEN SPRING 2008 NUMBER TWO TABLE OF CONTENTS Page SYMPOSIUM Introduction: The Emerging Power of Context over Conventional Wisdom in Scholarship on Law and Terrorism ………………………………Peter Margulies 342 & Laura Corbin The Corruption of Civilizations………………Timothy K. Kuhner 349 Muslim-Americans’ Charitable Giving Dilemma: What About a Centralized Terror-Free Donor Advised Fund?………………………………………...Nina J. Crimm 375 Habeas Corpus, Alternative Remedies and the Myth of Swain v. Pressley …………………..Stephen I. Vladeck 411 Legislative Reform of the State Secrets Privilege……….……………Robert M. Chesney 443 Zealous Lawyering Succeeds Against All Odds: Major Mori and the Legal Team for David Hicks at Guantánamo Bay…………….. ……………….Ellen Yaroshefsky 469 NOTES & COMMENTS Fear Mongering, Filters, the Internet, and the First Amendment: Why Congress Should Not Pass Legislation Similar to the Deleting Online Predators Act……..………Mary B. Kibble 497 v Undocumented Immigrants and Their Personal Injury Actions: Keeping Immigration Policy Out of Lost Wage Awards and Enforcing the Compensatory and Deterrent Functions of Tort Law ………………………………..Wendy Andre 529 Virtually Face-to-Face: The Confrontation Clause and the Use of Two-Way Video Testimony………..…………Hadley Perry 564 vi ROGER WILLIAMS UNIVERSITY SCHOOL OF LAW 2007 – 2008 FACULTY AND ADMINISTRATIVE OFFICERS Roy J. Nirschel, M.A., Ph.D., University of Miami, University President . David A. Logan, B.A., Bucknell University; M.A., University of Wisconsin; J.D., University of Virginia School of Law; Dean and Professor of Law . David M. Zlotnick, B.A., State University of New York at Binghamton; J.D., Harvard Law School; Associate Dean for Academic Affairs and Professor of Law . Kristen M. Fletcher, B.A., Auburn University; J.D., University of Notre Dame Law School; LL.M., Northwestern School of Law of Lewis & Clark College; Director of Marine Affairs Institute . Gail I. Winson, B.A., Moravian College; M.S., Drexel University; J.D., University of Florida; Associate Dean for Library and Information Services and Associate Professor of Law . Elizabeth Colt, B.A., Barnard College; J.D., Emory University School of law; Director of the Legal Writing Program and Professor of Legal Writing. Laurie Barron, B.A., Yale University; M.S.W., New York University School of Social Work; J.D., New York University School of Law; Director of the Feinstein Institute for Legal Service. Michael W. Boylen, B.A., University of Notre Dame; M.S., Suffolk University; Assistant Dean of Admissions. Anthony L. Bastone, II, B.S., The University of Texas at Arlington & Northeastern State University; M.A., Sam Houston State University, The Institute of Contemporary Corrections; Assistant Dean of Career Services . Lorraine Newton Lalli, B.A., Spelman College; J.D., Roger Williams University School of Law; Dean of Students and Director of the Academic Support Program . Thomas G. Shaffer, B.A., Marywood University, J.D., Roger Williams University School of Law; Director of Admissions. Veronica Paricio, B.A., Dartmouth College; Director of Career Services . Jon T. Strauss, B.S., Massachusetts Institute of Technology; J.D., Harvard Law School; Associate Director of the Academic Support Program. Alex Ruskell, B.A., Washington and Lee University; M.F.A. University of Iowa; A.L.M. Harvard University; J.D., University of Texas at Austin; Associate Director of the Academic Support Program . Liz Tobin-Tyler, B.A., M.A., University of Texas at Austin; J.D., Northeastern University School of Law; Director of Public Service and Community Partnerships. Lydia B. Hanhardt, B.A., Oberlin College; M.A., Collumbia Teachers College; Director of Diversity Programs . Kathy Massa, B.S. Roger Williams University; Director of Business Services . Linda J. Vieira, B.S., Roger Williams University; Director of Student Finance and Records . Denise Rousseau, B.A., Salve Regina University; M.A.T., Bridgewater State College; Director of Financial Aid. Chelsie Horne, B.S., M.B.A., C.M.P., Johnson & Wales University; Director of Alumni, Programs and Events . Cecily V. Banks, B.A., Sweet Briar College; J.D., University of Virginia School of Law; Professor of Legal Writing . Carl T. Bogus, A.B., J.D., Syracuse University; Professor of Law . Marcia Canavan, B.A., M.A., University of California, Los Angeles; J.D., University of Colorado School of Law; Professor of Legal Writing. Courtney Cahill, B.A., Columbia University; J.D., Yale Law School; Ph.D., Princeton University; Associate Professor of Law. John Chung, B.A., Washington University; J.D., Harvard Law School; Associate Professor of Law. vii Nancy L. Cook, B.A., Ohio State University; M.F.A., Creative Writing, American University; J.D., Georgetown University Law Center; Associate Professor of Law and Director of the Community Justice and Legal Assistance Clinic . Edward J. Eberle, B.A., Columbia College; J.D., Northwestern University School of Law; Professor of Law . Jorge O. Elorza, B.S., University of Rhode Island; J.D., Harvard Law School ; Assistant Professor of Law . Jared A. Goldstein, B.A., Vassar College; J.D. University of Michigan Law School; Associate Professor of Law . Jonathan M. Gutoff, A.B., Brown University; J.D., University of Chicago School of Law; Associate Professor of Law . Diana Hassel, B.A., Mount Holyoke College; J.D., Rutgers, The State University of New Jersey School of Law-Newark; Associate Professor of Law . Andrew Horwitz, B.A., Haverford College; J.D., New York University School of Law; Professor of Law and Director of Clinical Programs . Bruce I. Kogan, B.A., Syracuse University; J.D., Dickinson School of Law; LL.M., Georgetown University Law Center; Professor of Law . Niki Kuckes, B.A., Cornell University; J.D., Yale Law School; Associate Professor of Law . Timothy K. Kuhner, A.B., Bowdoin College; J.D., Duke University School of Law; LL.M.., Duke University School of Law; Assistant Professor of Law . Anne Lawton, A.B., M.B.A., University of Michigan; J.D., University of Michigan Law School; Associate Professor of Law . Peter S. Margulies, B.A., Colgate University; J.D., Columbia University School of Law; Professor of Law. Colleen
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