Law Commons^™

China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens

The US Army War College Quarterly: Parameters

This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.

Barrister Ball, Cardozo Law Student Bar Association

Flyers 2023-2024

No abstract provided.

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels

The US Army War College Quarterly: Parameters

Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.

Strategy As Problem-Solving, Andrew Carr

The US Army War College Quarterly: Parameters

This article proposes a new definition of strategy as problem-solving that challenges the focus on goals and assumptions of order within many post–Cold War approaches to strategy. It argues that the military needs strategy to diagnose the complex problems of the twenty-first century before they can be solved. Inspired by practitioners such as Andrew Marshall and George F. Kennan, this new definition clarifies what strategists do and offers a logic for distinguishing the use of the term strategy. Practitioners will also find problem-solving tools and pedagogies they can adopt today.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …

Us-Taiwan Relations And The Future Of The Liberal International Order, Christina Lai

The US Army War College Quarterly: Parameters

Strengthening ties with Taiwan is the best chance the United States has to preserve the liberal international order in Asia and improve its security relative to China. This study offers a normative perspective on how Taiwan can contribute to US-led international institutions and the Asian regional order and reduce conflict risk. It concludes with recommendations for the United States and its partners to integrate Taiwan into multilateral institutions in Asia.

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Miriam Lacroix Joins Cardozo As Director Of Diversity And Inclusion, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Dean Melanie Leslie and Associate Dean Jenn Kim are pleased to welcome Miriam Lacroix as the law school’s Director of Diversity and Inclusion.

Symposium: Gender, Health And The Constitution: The Misalignment Of Medical Capacity And Legal Competence For Perinatal People With Serious Mental Illness, Melisa Olgun, Carlos Larrauri, Sonja Castaneda-Cudney, Elyn Saks

ConLawNOW

This Article evaluates the misalignment of medical capacity and legal competence for perinatal people with serious medical illnesses (SMI), an issue that has had limited discourse in legal academia. It delineates the contours of these concepts, dissecting their theoretical underpinnings and practical applications. While medical capacity is often considered an iterative, context-specific determination, legal competence is typically treated as a rigid, binary legal categorization. It then illustrates how the disparate scope and aims of capacity and competence lead to a precarious misalignment for people with fluctuating mental states, particularly perinatal people with SMI. The Article proposes solutions to harmonize the …

Future Foresight And Its Impact On The Application Of Iso 22301 Business Continuity Management System In The Commercial Banking Sector In Jordan, ثروت الحوامدة, حنان بو طه

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The study aimed to identifying the effect of future foresight in the application of the ISO 22301 standard for business continuity management system in the commercial banking sector in Jordan. Whose number is (400) employees, the study sample consisted of (196) employees, were randomly selected. The study followed the descriptive and analytical approach. The questionnaire was used as a tool for data collection. The results of the study showed that the relative importance of the future foresight was high, and the relative importance of applying the ISO 22301 standard for business continuity management system was high, as it came after …

Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Paperbacks industry has experienced great development industry through modern electronic means. When their reach this stage of development and the arrival of Paperbacks to the reader via computers, fired by the E-Research or electronic or digital library, which can be read via computer or tablet computer or mobile phone. Which became possible we can carry thousands of researchs in a small device and read researchs in a simple and easy access to information very quickly. And facilitate access to E-Researchs in an hour issued to the reader without the trouble, which spread the circle of human knowledge and scientific …

The Role Of Scientific Research In Predicting Crimes And Anticipating Their Future Sharjah Academy Of Police Sciences As A Model, محمد العثمني, عماد ربيع, عدنان الضمور, عبدالله اليحيائي, جمال الشحي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The study aimed to know the role of scientific research in predicting crimes and foreseeing their future - by reviewing the experience of the Academy of Police Sciences in Sharjah. And planning for it, and among the most prominent findings of the study: Forecasting crimes aims to study the events and issues that occurred in the past and occur in the present, with the aim of knowing the potential or expected indicators that are verifiable, if certain conditions are met. The success of the forecasting process depends on the accuracy of the available information. Analysing and choosing the appropriate model …

The Role Of Scientific Research In The Development Of Legislation, منصور الصرايرة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research dealt with issues related to the role of scientific research in the development of legislation, and the research aimed to clarify the concept of scientific research, its importance in preparing and drafting legislation, and clarifying its role in linking jurisprudence and legislation and the extent to which its theories are implemented in the field of legislation.

The problem of the research was the extent to which the national legislator adopted or ignored the opinions of legal scholars and commentators and their points of view in the legislation that the legislator is enacting or amending, hence the importance of …

The Absence Of A Parallel Path Of Appeal As A Condition For Accepting The Annulment Claim In Light Of The Judicial Diligence In The Jordanian Administrative Judiciary, احمد حسن ابو صباح, ميس خلدون صالح

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The absence of a parallel appeal process is one of the formal conditions for accepting the annulment lawsuit, as this condition is considered a judicial one of origin. The legislation differed in adopting this condition, hence the problem of this research, as the Jordanian legislator did not stipulate the absence of a parallel appeal path as a condition for accepting the annulment case in The Administrative Judiciary Law, and accordingly, what is the position of the Jordanian administrative judiciary on the theory of the lack of a parallel path of appeal, and the extent to which the approach of the …

Criminal Protection Of The Electronic Payment Methods: A Comparative Study, شاكر شبول, ممدوح العدوان

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

As a result of the technological development in the field of commercial operations, Selling and buying goods and its services are carried out through technological and technical means, in addition to that the payment of the price for these operations has shifted to be through electronic means, so what is known as electronic payment systems.

On the other hand, technology affected the development of crime and the emergence of new acts, including acts of assault on electronic payment methods.

These developments revealed the need for a new legal provision that provides the necessary protection for these means, especially since the …

The Extent Of The Application Of Governance And The Degree Of Its Association With Financial Indicators And Obstacles To Their Application In Companies Listed On Palestine Stock Exchange, خالد زبدة, عمر أبو عيده

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The main objective of this research is to recognize the reality of the application of governance in the Palestinian companies, and also to analyze the relationship between some financial indicators of those companies with the governance implementation level. For instance, ROA, ROE, Paid-up Capital, R/P, Stock market value, stock book value, and Net income, trying also to identify the obstacles facing its implantation, and to suggest measures that will help to improve the level of application of corporate governance in these companies This study was applied to all (48) companies listed on the Palestine Stock Exchange, divided into five sectors …

Obedience Restrictions On Public Employee, فيصل الحوامدة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research deals with the subject of obedience restrictions that can be applied on public employee and shows the concept of public employee, obedience and its verdict and importance. The concept of restrictions which control the employee's compliance for his employers in public administration is considered to be a legal responsibility within certain limits shown in this research in details:

In public jobs, employees have to comply their employers' orders in which employees should implement these orders without raising opposition. This research shows that compliance has certain limits in which employees should work within them .Compliance won't be obligatory if …

The Damage Caused By The Procedural Defect Of Upholding Invalidity In The Jordanian Shariah Courts, منال الرشيدي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The damage was verified by the procedural defect in order to uphold invalidity in the Jordanian Sharia courts

Damage is the effect resulting from the existence of a defect or violation in the procedural work, and the affected party has the right to uphold it, and it is one of the most important legal problems that legal legislators must address when drafting laws. As a result of a defect in one of the procedures, and who is the owner of the right to uphold it, it also aims to identify the articles that dealt with realizing damage as the purpose …

Precautionary Measures At The Execution Judge In The Jordanian Sharia Courts: A Legal Jurisprudence Study, ميسر العفان, محمد السكر

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research dealt with the precautionary measures that the execution judge resorts to in the Jordanian Sharia courts, with what is entrusted to him from the discretionary authority in the cases that fall within his competence, where the researcher proceeded to define the term precautionary measures in jurisprudence and law, and between its rooting and its validity in Islamic Sharia and positive law, then between the concept of discretionary authority, idiomatically and legally, then between the discretionary authority entrusted to the execution judge in jurisprudence and law, and then between the applied aspect in the precautionary measures entrusted to the …

Big Law Event Part Ii: Kramer Levin, Cardozo Real Estate Law Association

Flyers 2023-2024

No abstract provided.

Morrison Cohen Presents Award To Student At 14th Annual Ballsa Celebration, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Morrison Cohen presented Sydney Clarke 3L with the inaugural Morrison Cohen Summer Award at the 14th Annual BALLSA Celebration on February 28. Representing the firm were Steven Cooperman, Chair and Co-Managing Partner, Jenni Eastman, Chief Operating Officer, and Bobby Codjoe, Director of Diversity Equity and Inclusion and former Director of Diversity and Inclusion at Cardozo Law School.

A Conversation With Brooklyn District Attorney Eric Gonzalez, The Perlmutter Center For Legal Justice

Event Invitations 2024

Mr. Gonzalez was elected to become Kings County District Attorney in 2017 and is the first Latino to serve as district attorney in New York State. He is widely credited for his efforts to redefine the role of a prosecutor. In his first term, he ceased trying low-level pot offenses, dismissed 90 drug convictions tainted by a corrupt police detective and advocated for changes to state bail reform laws.

Symposium: Gender, Health, And The Constitution: Gender-Affirming Care And Children's Liberty, Dara E. Purvis

ConLawNOW

This essay addresses the wave of statutes banning gender-affirming care for transgender and gender-diverse minors passed in states across the country over the last three years. It argues that an underdeveloped understanding of children’s rights makes it more difficult to explain how harmful gender-affirming care bans are and to challenge them in court. After explaining the nature of gender-affirming care, the essay discusses the grounds underlying existing challenges to gender-affirming care bans, highlighting the emphasis on equal protection and parental rights. It concludes by reframing the children’s liberty argument and exploring what the broader consequences of courts recognizing such a …

Beyond The Ban: One Major Challenge Facing The Ftc Non-Compete Rule, Brendan Mohan

ConLawNOW

This article analyzes the implications of President Biden's Executive Order 14036 and the subsequent notice of proposed rulemaking (NPRM) by the Federal Trade Commission (FTC) to ban non-compete agreements. It examines the legal basis for the NPRM, including Sections 5 and 6(g) of the FTC Act, and anticipates potential challenges to its implementation, most notably under the major questions doctrine. It explores the broader ramifications of the NPRM for labor and employment law, emphasizing its potential to reshape administrative agency regulation and the regulatory landscape. It concludes by analyzing the rule under the major questions doctrine and the possible outcomes …

Symposium: Gender, Health And The Constitution: More Than Merely "Two-Legged Wombs": Lessons On Metaphor And Body Politics From Atwood's The Handmaiden's Tale (1985), Rachel Conrad Bracken

ConLawNOW

This essay explores the dehumanizing potential of metaphors used to describe women’s reproductive biology through literary analysis of Margaret Atwood’s canonical feminist novel The Handmaid’s Tale (1985). Attending to the rhetoric that both justifies and contests ritualized rape and forced surrogacy in Atwood’s novel, this essay begins by interrogating the ubiquitous cultural and biomedical metaphors that reduce women and pregnant people to their bodies’ reproductive potential. The first section draws from scholarship in medical anthropology, medical rhetoric, and literary studies to illuminate how gendered stereotypes pervade biomedical, cultural, and legal representations of reproduction, reifying the conflation of women and people …

Bollywood Movie Night, Cardozo Southeast Asian Law Student Association (Salsa), Cardozo Office Of Student Services & Advising

Flyers 2023-2024

No abstract provided.

Ndls Communicator: Week Of 03.04.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law student and Eviction Clinic secure unexpected victory for South Bend family
• Professor Carter Snead presents at Pontifical Academy for Life assembly at the Vatican
• Patrick Corrigan's new paper, "ES" Versus "G" in Corporate Governance: You Can't Have It All" was quoted in the Forbes article, “Observing OpenAI’s Affair With Musk: A Legal Drama Unfolds.”
• Sherif Girgis's article, "Living Traditionalism," was mentioned by the New York Times as support for Justice Barrett's and Judge Newsome's interpretation of "history-and-tradition" tests.
• Derek Muller's first quotes about the Supreme Court ruling today are in The Conversation, "Supreme Court …

Issues In Animal Law, Student Animal Legal Defense Fund (Saldf)

Flyers 2023-2024

No abstract provided.