Law Commons^™

Functional Corporate Knowledge, Mihailis Diamantis

William & Mary Law Review

The line between guilt and innocence often turns on what a defendant knew. Although the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. Whereas knowledge as a mens rea has unique practical and normative properties that vary with a corporation’s size and industry, corporate law treats knowledge just like any other mental …

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Winter 2019 – 2020, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Taking The War Colleges From Good To Great, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Making The War Colleges Better, Richard A. Lacquement Jr

The US Army War College Quarterly: Parameters

No abstract provided.

Australia's Lessons, Rhys Crawley

The US Army War College Quarterly: Parameters

This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.

Educating Strategic Lieutenants At Sandhurst, An Jacobs

The US Army War College Quarterly: Parameters

This article examines how well military education at the Royal Military Academy of Sandhurst delivers lieutenants capable of coping with the complexities of their operational environment and the strategic implications of their decisions.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze

Arnaud Kurze

This chapter explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abdine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti

International Review of Humanities Studies

This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …

The Language Development In Indonesian Presidential Decrees, Desty Wulandari, Frans Asisi Datang

International Review of Humanities Studies

President has an authority to establish policies in order to run the government, one of which is through Keputusan Presiden Republik Indonesia (Indonesian Presidential Decree). As written documents, the Decrees have language development which can be seen from the writing patterns. Therefore, this study aims to examine the writing patterns of Decrees from time to time to support forensic linguistic study, such as document forgery analysis. We took sixteen Presidential Decrees from 1945 to 2018 as the data then analyzed them by using qualitative method. The data were obtained from the National Archives of the Republic of Indonesia and the …

Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker

Marcus Walker

The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …

Kc 1.2: Rights-Based Approaches In Rural Heritage - Principles And Practice, Bente Mathisen, Ave Paulus, Grainne Shaffrey, Gurmeet Sangha Rai, Riin Alatalu

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

The „Our Common Dignity Initiative “ working group (OCD- RBA WG) started as an ICOMOS initiative in 2007 and expanded in 2011 as cooperation for the Advisory Bodies to the World Heritage Convention (ICCROM, ICOMOS, IUCN) under the coordination by ICOMOS Norway. It deals with the Rights-Based Approaches (RBA) in World Heritage management. ICOMOS has taken important initiatives over the last decade to respect, protect and fulfil the rights to culture for individuals and communities by including RBA in its work, through its Ethical Principles and the Our Common Dignity Initiative. In celebration of the 70th anniversary of the Universal …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

The Rise Of ‘Right-Wing’ Human Rights Rhetoric: A Palestinian & Israeli Case Study, Leah Wilson

Biennial Conference: The Social Practice of Human Rights

Human rights are historically understood as ‘liberal’ rhetoric, yet the following study will present an unprecedented turn by an Israeli ‘right-wing’ organization to human rights language and methodologies as a means to advance their goals. For context, the study will review how ‘liberal’ organizations in the region have employed rights-based frameworks, dating back to the rise of the first intifada in the late 1980’s. Specifically, the study focuses on three organizations that utilize the Israeli court system for their work: ACRI (Association for Civil Rights in Israel), Adalah (The Legal Centre for Arab Minority Rights in Israel), and HaMoked. Human …

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

Commentary: Venezuelan Democracy: Bolivar’S Shattered Dream, Juan E. Chebly

Journal of Vincentian Social Action

Venezuela is one of the oldest democracies in Latin America, dating back to 1958, and has been under attack ever since.Venezuelan armies never conquered, they liberated nations. Led by Simon Bolivar, the Liberator, Venezuelans stood by their neighbors in their quest for freedom and many gave their lives to liberate six nations from oppression (Arana, 2013). Venezuela has served as a beacon of freedom in a land plagued by authoritarian rule over the centuries.

The Forgotten Few: Foreign Professional Workers & U.S. Foreign Policy, Adrian Pandev

Journal of Vincentian Social Action

U.S. foreign policy took a dramatic shift since the Trump Administration took office in 2017. The country has pulled out of the Paris Agreement, has imposed more sanctions on Russia, and has vowed to renegotiate international trade deals to “Make America Great Again.” U.S. foreign policy has an enormous impact on the lives of foreign professionals, from the ability to obtain work visas to being able to simply travel to the U.S. to pursue employment opportunities.

Corruption, Political Instability And Transnational Crime In The Country Of Guinea-Bissau, Brian K. Harte

Journal of Vincentian Social Action

Internationally, Guinea-Bissau is regarded as a ‘cocaine gateway’ and transition point for narcotics trafficking from South America to West Africa, and into Europe (United Nations, 2011). Furthermore, “many esteemed experts have asserted that West Africa, and Guinea-Bissau in particular, is crumbling under the pressures posed by this drug trade which threatens to turn the region into an epicenter of lawlessness and instability” (Bybee, 2011, p. 3). We will provide an overview of transnational crime, corruption and political instability that contribute to social unrest within the country of Guinea-Bissau.

Colombian Conflict: A Sociological View Of A Gendered Society, Jorge Restrepo

Journal of Vincentian Social Action

Jorge Restrepo, having lived and experienced Colombian conflict, explores how the construction of the war narrative was driven by berracos (an expression used in Colombia to identify uber-males masculinized by war). In Colombia, women, afro-Colombians, native-Colombians, LGBT, anyone over sixty (as they are not perceived useful to society), children (childsoldiers), who have no representation before the government, the voiceless minorities, were cruelly marginalized. The Colombian conflict imposed a power dynamic between men, women, and other minorities, established by the government and the FARC (Revolutionary Armed Forces of Colombia - People’s Army) as part of their internal war.

Sisters Of The Caliphate: Media And The Women Of Isis, Kathleen German, Rosemary Pennington

Journal of Vincentian Social Action

Women have long been viewed as the “weaker sex”–more peace-loving and passive than men. However, clashes in Sri Lanka and Northern Ireland have shown that women are both willing and able to participate in violent conflict (Alison, 2004; Cheldelin & Eliatamby, 2011). We will specifically examine the recruitment to and roles of women in the Islamic State through an examination of the scholarship on female fighters, in order to contextualize the women of ISIS. We conclude with a suggestion that scholars and others interested in the experience of women in conflict move away from overly simplistic framings which suggest women …

Forgetting Fallujah: Covert Silence, Digital Public Memory And The Civilian Consequences Of Operation Phantom Fury In Iraq, Jason L. Jarvis

Journal of Vincentian Social Action

“Forgetting Fallujah” challenges the institutional memory of Fallujah advanced in “US Marines.” For most people, the understanding of war is based entirely on media images (Schwalbe, 2006; Sontag, 2003). This essay, like the work of Jackie Orr (2016) is a salvo in an ideological struggle to re-signify the meaning of Fallujah. The invasion of Fallujah was more severe for civilians than the torture of prisoners at Abu Ghraib, yet Fallujah caused almost no public outcry because it lacked visual evidence and went uncovered by mainstream American media (Entman, 2006). Covert silence in “US Marines” demonstrates that digital memory is easily …

Disinformation As Warfare In The Digital Age: Dimensions, Dilemmas, And Solutions, Minna Aslama Horowitz

Journal of Vincentian Social Action

Disinformation as warfare in the digital age may not be so different than any other type of warfare; wars are fought for power, and some benefit economically while the vulnerable suffer the most. The vast majority of conflicts today are not fought by nation states and their armies; increasingly, they are fought not with conventional weapons but with words. A specific sort of weaponry—“fake news” and viral disinformation—has been at the center of policy discussions, public debates, and academic analyses in recent years. Everyone who is active on digital platforms can be responsible in the simplest of ways: not lashing …

Introduction: Wars, Conflicts, And The Marginalization Of Dissent, Tuija Parikka, Basilio G. Monteiro, Sejal Singh

Journal of Vincentian Social Action

Conflicts, wars, and crisis, unfortunately, abound, transform, and become metastasized in unexpected ways. The vast majority of armed conflicts today are not fought by nation states and their armies but rather informal entities, such as gangs and warlords using small arms, improvised weapons, and media technologies. Few, usually poor resource regions, get global attention, thus deprived of political will and economic resources needed to resolve the conflicts. As women and other minorities are becoming primary targets and suffering unprecedented casualties, they are profoundly affected by practices and cultures of warring, yet often remain voiceless in the global arena.This special issue …

Toc

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.