Digital Commons Network^™

Character Traits Strategic Leaders Need, Tami Davis Biddle

The US Army War College Quarterly: Parameters

Strategic leaders must possess a range of skills to work successfully in complex environments. To use those skills to best effect, they rely on character traits that enhance the likelihood of their effectiveness as leaders and maximize their success when working in teams. Certain elements of character facilitate work in demanding settings that rely heavily on communication, integration, and cooperation. Programs designed to educate senior leaders must help future national security professionals identify these traits and then practice and hone them. Highlighting individuals with challenging roles in World War II, this essay analyzes the qualities of character that enabled them …

Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik

The US Army War College Quarterly: Parameters

This article argues shortfalls in the international institutions governing the Arctic have allowed Russia and China to expand control over the region. It provides an overview of regional governance and power dynamics, outlines a three-part approach to correcting deficiencies, highlights attempts by Russia and China to circumvent international governance, examines how the Arctic’s governing institutions address Russian and Chinese growth in the region, and focuses on the institutional failures that have allowed Russia and China to expand—failures academic scholarship and US policy have not adequately addressed. Practitioners will find specific steps for rectifying issues with Arctic institutions to support the …

Defining And Deterring Faits Accomplis, Brandon Colas

The US Army War College Quarterly: Parameters

This article describes faits accomplis—how states attempt to seize disputed territory using military force, hoping to avoid war in the process—and offers suggestions for how to deter them. Since 1945, faits accomplis have become the most common means by which states attempt to take over territory, even though they frequently result in armed conflict. US deterrent efforts, however, often focus on stopping invasions, not limited land grabs. This study combines the traditional literature on deterrence with Dan Altman’s recent research on faits accomplis to suggest Department of Defense leaders should frame territorial disputes as a real estate market they can …

Dysfunctional Warfare: The Russian Invasion Of Ukraine, Rob Johnson

The US Army War College Quarterly: Parameters

Russia’s invasion of Ukraine was based on false premises, faulty assumptions, and a weak strategy. As the conflict has unfolded, heavy losses have imposed a strain on available Russian manpower. The Russian army reached a culminating point outside Kyiv and has exhibited little sign of operational learning. By contrast, Ukrainians have fought an existential war, making good use of dispersed light infantry tactics with high motivation levels. Western support has allowed them to compensate for their deficiencies in armaments and munitions. This commentary also shows military and policy leaders how the political context continues to impose limitations on the Ukrainians.

Parameters Summer 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Patent Performativity, Dan L. Burk

Journal of Intellectual Property Law

Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …

The Hale Act Only Fuels The Wheel Of Abuse In The Digital Age, Kathleen Evans

Barry Law Review

No abstract provided.

Afterword - It Has Been A Good Ride, Julian Conrad Juergensmeyer, James Nicholas

Journal of Comparative Urban Law and Policy

No abstract provided.

Beyond Brownfields Redevelopment: A Policy Framework For Regional Land Recycling Planning, Joseph Schilling

Journal of Comparative Urban Law and Policy

The fields of urban policy and urban planning lack a cohesive and comprehensive framework for recycling vacant and abandoned properties. Past and present efforts to repurpose vacant land and abandoned properties were often narrow responses driven primarily by economic redevelopment policies such as urban renewal of the 1950s & 1960s, deindustrialization of the 1970s & 1980s, and the public-private partnerships featured during the 1990s & 2000s. The 2008-2015 mortgage foreclosure crisis and Great Recession put the policy spotlight on how to address the widespread impacts from thousands of vacant and/or foreclosed homes that affected diverse markets and communities across the …

Four Modes Of Engagement: Positioning University Urban Design And Research Centers For The Future, Courtney Crosson

Journal of Comparative Urban Law and Policy

University urban design and research centers, which link academic pedagogy and research activities to real-world projects, have grown in number over the last several decades. As the rate of urbanization accelerates and universities’ missions become increasingly grounded in visible impact and financial self-sufficiency, these centers continue to offer an important and appealing model. This paper looks at the evolution of these centers from their beginnings in the 1950s, advancement in the 1980s, resurgence in the first decade of the 2000s, and current growing status. From a survey of over fifty centers throughout the United States, a typology is established based …

Market Demand-Based Planning And Permitting: Special Case Of Affordable Housing, Robert Hibberd

Journal of Comparative Urban Law and Policy

Arthur C. Nelson has advanced the concept of market demand-based planning and permitting (MDBPP) as a way in which to balance the need for development within the limits of market capacity. Lacking MDBPP discipline, real estate markets are prone to over-development that can lead to economic downturns including notably the Great Recession of 2007-2009. This article will unpack the history and challenge of MDBPP and demonstrate its efficacy. Then, it will apply these principles to the specific wicked problem of housing affordability, which is both ongoing and emerging in nature. It will tie this problem to a call for MDBPP …

Affordable Housing: Three Roadblocks To Regulatory Reform, Dwight Merriam

Journal of Comparative Urban Law and Policy

This article focuses on techniques, initiatives, and regulatory reforms that may help improve affordability in housing, and thereby serve the need for economic, social, and racial equity. It focuses especially on three impediments standing in the way of affordability: the myth of Home Rule, limitations of the Fair Housing Act, and the pervasive use of private covenants and restrictions. Those roadblocks deserve the closest attention and concerted action and must be knocked down, once and for all, to get the housing we so desperately need.

The Enigma Of Housing Choice, Casey Dawkins

Journal of Comparative Urban Law and Policy

The U.S. faces a housing choice crisis. The growing shortage of affordable rental homes and looming mismatch between the homes offered for sale by baby boomers and the homes sought by the next generation of homeowners point to a need to fundamentally reshape the extent and diversity of the nation’s housing options. Housing and land-use policy experts have appealed to the aim of expanding housing choice to justify the removal of regulatory restrictions on certain housing types, the construction of affordable rental housing in transit-adjacent neighborhoods, the elimination of housing market discrimination on the basis of race and ethnicity, and …

Planning The Opportunity Metropolis: An Agenda For An Era Of Intensifying Technology, Climate And Health Challenges, George Galster

Journal of Comparative Urban Law and Policy

Urban planners focus on the spatial arrangements of residences, businesses, institutions, infrastructure and human-built amenities, and the market- and government-driven processes that shape these arrangements. They start with the basic supposition that these arrangements strongly affect individuals’ health, prosperity, and happiness as well as the overall level of opportunity, solidarity, and satisfaction in society. Their recommendations about changing the built environment should be guided by the norms of efficiency and equity, with the latter being framed as creating disproportionate benefits to those who are least advantaged.

This essay begins with an overview of the metropolitan opportunity structure theory to frame …

Offensive Cyber Operations And Future Littoral Operating Concepts, Jd Work

Military Cyber Affairs

Introduction of new ground-launch cruise missile options to hold adversary naval targets at risk in order to support conventional deterrence objectives through sea control and sea denial missions is the centerpiece of proposed reorganization of Marine Littoral forces, as part of new “Expeditionary Advanced Base Operations,” and “Littoral Operations in Contested Environments” concepts. Effective distributed sea control fires against pacing threat maritime formations requires defeat of integrated air defense systems. Offensive cyber operations capabilities may be considered as a means of altering the calculus of attrition in missile fires exchanges, but due to various sensitivities it has been difficult to …

The Transactional Dynamic Of Market Fragility, Matthew Jennejohn

Law and Contemporary Problems

No abstract provided.

Cle Working Paper No. 2/2022--Mexican Salsa And Mexican Farm Workers: How International Agricultural Development Marginalizes Farm Labour, Celia White

Centre for Law and the Environment

International food systems have become ever-more complex through systems of globalization, industrialization and technologization, and have been significantly influenced by, and entrenched in concepts of international development. One small meal can have countless intersections with international laws, domestic laws, environments and people. A simple salsa recipe, for example, containing merely tomatoes, lime juice, garlic, onions, and cilantro, contains in its history a complex story of power, privilege, poverty and possibility. Where did these ingredients come from? Who grew them? Where are those people from? What rights do they have? Innumerable personal stories are hidden within the seemingly innocuous act of …

Neither Here Nor There: Wire Fraud And The False Binary Of Territoriality Under Morrison, Jason Petty

University of Chicago Law Review

No abstract provided.

The "Law To Use The Mark The Delpaís," Act 195-2016: Case Study Of A Puerto Rican Certification Mark With Potential Of Becoming A Geographic Indication For Economic Development, Paola Gabriela Zaragoza Cardenales

Maurer Theses and Dissertations

In 2016, the Puerto Rican Congress codified the “Law for the use of the DelPaís Mark” (the DelPaís Law), creating a composite certification mark called Productos DelPaís de Puerto Rico (the DelPaís Mark) for raw fruits, milk, honey, meats, egg, fish, ornamental plants, spices, vegetables, starches, and value-added products. The Puerto Rican Department of Agriculture intended the DelPaís Mark to function as a certification mark and Geographical Indication (GI) to differentiate local from imported products to promote purchasing of locally produced items and eventually export internationally. A GI is a source identifier identifying that a place makes a particular product …

The Dark Figure Of Wrongful Convictions : How Intake Decisions Impact Exonerations, Jennifer Weintraub

Legacy Theses & Dissertations (2009 - 2024)

Innocence organizations contributed to 45% of exonerations in the year 2020, and account for nearly 25% of all U.S. exonerations. Yet little is known about these organizations, including a review of their intake criteria and procedures, how they select their intake criteria and procedures, or how those choices influence the landscape of known wrongful convictions. The contents of these intake decisions as well as how they are chosen have implications for what is currently known about wrongful convictions nation-wide. In this study, 19 innocence organizations represented by 24 innocence organization staff and leaders completed qualitative interviews to address this gap …

The Albany Answers Plant Incinerator : Environmental Justice And Slow Violence At The New York State Capital, Matthew D. Saddlemire

Legacy Theses & Dissertations (2009 - 2024)

The ANSWERS plant and its impact on the residents of Sheridan Hollow has recently been accepted by many as a case of environmental injustice. Simply looking at the benefits and burdens of environmental processes shows clearly that the primarily black community faced most of the health burdens that came from waste in the capital region, while white residential areas who sent their trash to ANSWERS faced minimal risk. The state benefitted from energy production, which was used to heat and cool the Empire State Plaza, the Alfred E. Smith State Office Building, the state Education Building and New York State …

Regulating Marginalized Labor, Mary Hoopes

UC Law Journal

Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly fragmented and seldom enforced. One agency, the Equal Employment Opportunity Commission (EEOC), has emerged as an important exception, adopting innovative strategies to secure substantial settlements and a wide range of injunctive relief. Decades before contemporary movements on behalf of low-wage workers of color began, the EEOC was mounting an initiative to bring farmworkers into the core of Title VII’s protections and jurisprudence. Drawing upon …

Contract's Covert Meddlers, Sarah Winsberg

Notre Dame Law Review

Scholars of contract law typically examine contracts as bargains between two parties. This approach elides an additional, key function of many contracts: to shape existing relationships to the satisfaction of a third party, often one more economically powerful than either of the two bargainers. Third-party litigants, especially creditors, have historically advocated for their own interests and interpretive paradigms so strongly that they have sometimes gained priority over the actual intentions of the two bargainers.

This Article recovers the story of how a group of frequent-flier third parties—mainly creditors of small businesses—shifted the rules of contracts between partners in early America. …

Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins

World Languages, Literatures and Cultures Undergraduate Honors Theses

The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …

If You Grant It, They Will Come: The History And Enduring Legal Legacy Of Migratory Divorce, Michael J. Higdon

Utah Law Review

Fifty years ago, California became the first state to enact no-fault divorce, making it easier than ever before for individuals to dissolve unsuccessful marriages. Soon, every state would follow suit, and over the years, much has been written about this national shift in the law of divorce. What has thus far escaped scrutiny, however, is one of the prime casualties of that switch—the phenomenon of migratory divorce. This failure is somewhat ironic given that, although no-fault divorce has existed for just over fifty years, migratory divorce played a prominent role in American legal history for well over a century. Migratory …

Redressing The Past To Repair The Present: The Role Of Property Law In Creating And Exacerbating Racial Disparities In Wealth And Poverty In Nova Scotia, Melissa Marsman

LLM Theses

For over 200 years African Nova Scotians have been fighting to confirm legal title to the land on which their ancestors were settled. In 2020, the Nova Scotia Supreme Court remarked “the lack of clear title and the segregated nature of their land triggered a cycle of poverty for black families that persisted for generations.” Nova Scotia has a long history of obscure land titles; however, the ensuing cycle of poverty appears to have disproportionately impacted African Nova Scotians. This thesis reframes the African Nova Scotian land titles discourse into a broader understanding about systemic anti-Black racism and White supremacist …

Incorporating Climate Change In Nepa Reviews: Recommendations For Reform, Michael Burger, Romany M. Webb, Jessica A. Wentz

Sabin Center for Climate Change Law

The National Environmental Policy Act (“NEPA”) requires federal agencies to conduct an environmental review prior to moving ahead with any major federal project, plan, or program that could significantly affect the environment. As part of the environmental review, agencies must share information with, and solicit feedback from, the public. The goal is to improve federal decision-making by ensuring that agencies take a hard look at the environmental effects of their actions and fully inform the public about those effects.

In guidance issued in 2016, the Council on Environmental Quality (“CEQ”)—the federal body charged with implementing NEPA—identified climate change as a …

Replacing Tinker, Noah C. Chauvin

University of Richmond Law Review

In this Article, I wish to question whether reaffirming the animating spirit of Tinker is the best way to protect student speech rights. In allowing schools to punish student speech that school officials reasonably believe could be substantially disruptive, Tinker founds students’ free expression rights on unstable ground. This is true for two reasons. First, the Tinker standard allows school officials to regulate student speech based on their own perceptions of what its impacts will be. While these perceptions must be reasonable, courts have shown extraordinary deference to educators’ claims that student speech could be substantially disruptive. Second, the substantial …

Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods

Sociology and Criminology Undergraduate Honors Theses

Despite the rapid and considerable growth of the Latino population in the United States, the continual xenophobic rhetoric surrounding Latino immigration along with the nativist public policies set in place have led to higher rates of discrimination. Latino immigrant discrimination has shown to have consequences on mental health, social isolation, physical health, and trust of law enforcement. Using data from the Pew Research Center, I explored the specific factors associated with Latino immigrants that increase the likelihood of experiencing discrimination in the United States. In line with much of the prior literature, age, ethnic identity, English proficiency, Mexican origin, fear …

The Contradiction Of The Welfare Dictatorship: The Stasi’S Role In Preserving And Undermining East German Human Rights, Mallory Wooldridge

Honors College Theses

Constructed four years after WWII in a kind of pendulum swing response to the Third Reich, the German Democratic Republic (GDR) was an experiment in socialism. Under the Sozialistische Einheitspartei Deutschlands (The Socialist Unity Party of Germany, SED) no East German was to go hungry, unemployment would be eradicated, housing guaranteed, women treated as equals, and human rights interwoven into the fabric of this socialist society. However, SED socialism in practice did not conform to this original vision and would eventually represent the disillusionment with the socialist project as a whole.

This project seeks to understand human rights in the …