Digital Commons Network^™

Out Of Place When Studying China’S Sex Industry, Margaret Boittin

Articles & Book Chapters

The chapter explains how being out of place can paradoxically put one back in place – or exactly where one needs to be to achieve their research goals and values. The author, Margaret Boittin, is a lawyer and US-trained political scientist who works in a Canadian law faculty. She explains how being out of place is relative. She may not be out of place in North America as “a white woman with blond hair and blue eyes,” but she was obviously out of place when she was studying sex workers in China. Embracing this outsider status also became the source …

Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark

University of Cincinnati Law Review

No abstract provided.

Protecting Our Pups At All Costs: Why Dogfighting Cases Require A Mandatory Restitution Assessment, Ayah Ighneim

Cleveland State Law Review

This Note recommends that Congress acknowledge the dangers behind dogfighting by updating the federal mandatory restitution statute to include “animals” within the definition of a “victim” eligible to receive restitution and by updating federal animal-cruelty laws. This recommendation stems from the popularization of dogfighting in the twenty-first century. Specifically, this Note articulates the link between the prevalence of dogfighting in America and the lack of deterrence targeted toward dogfighting in America. This Note then argues that this lack of deterrence is a result of the lack of Congressional guidance within both the federal restitution statute and within federal animal-cruelty laws. …

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!

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.

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

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.

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 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.

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.

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 …

Casar Student Debate#4:"Should Men Be Allowed To Vote On Abortion Legislation?", The Prince Alwaleed Center For American Studies And Research Casar, Yasmeen El Ghazaly, Mark W. Deets

Performances, Events, and Presentations

Every semester, CASAR AUC holds miscellaneous student debates discussing the hot controversial topics in the US, Egypt and from around the world in hopes of raising awareness about these topics & broadening the perspectives of our students as they learn to engage in fruitful discussions as they share different opinion on the topic being deliberated.

At this CASAR Student Discussion event #4 in celebration of International Women's Day, an introduction was given about the historical context for enacting laws on abortion in Egypt & the US, then we watched a brief video where men in the US answered this very …

Symposium; Gender, Health, And The Constitution: Hysteria Redux: Gaslighting In The Age Of Covid, Jane Campbell Moriarty

ConLawNOW

This article addresses the relationship among hysteria, gaslighting, and gender during the Covid pandemic in the political and public-health messaging about Covid. It analyzes the U.S. public health messaging in the age of Covid, explaining how individualism, gender, and gaslighting have shaped the public response to the virus and negatively affected public health. In explaining the poor U.S. public health outcomes during Covid, the article evaluates the role of disinformation about vaccines, the “feminization” of masking, and the “vax and relax” public mantra, which suggested that those who did not relax were perhaps a bit hysterical. Finally, the article considers …

Indigenous Biocentric Law Against A Legacy Of Violence: Chilean Water Regulation, Free Trade With The Eu, And Violations Of Mapuche And Aymara Rights To Water, Joseph Jonathan Edward Simard

LLM Theses

Assertions of Mapuche and Aymara law in defence of waters are hampered by a legacy of state violence, and continued appropriation of Indigenous worldviews under commodified conceptions of nature. I interrogate and analyze the connection between Chile’s water market regime, natural resource extraction, water scarcity, and free trade and foreign investment. Chile’s Water Code facilitates water-intensive agribusiness, mineral extraction, and salmon aquaculture as part of export-oriented economy. At the same time, free trade agreements signed with EU countries knowingly encourage overextraction of water and natural resources. I argue in favour of grassroots movements toward land restitution and jurisdiction as solution. …

How Can Generative Ai (Genai) Enhance Or Hinder Qualitative Studies? A Critical Appraisal From South Asia, Nepal, Niroj Dahal

The Qualitative Report

Qualitative researchers can benefit from using generative artificial intelligence (GenAI), such as different versions of ChatGPT—GPT-3.5 or GPT-4, Google Bard—now renamed as a Gemini, and Bing Chat—now renamed as a Copilot, in their studies. The scientific community has used artificial intelligence (AI) tools in various ways. However, using GenAI has generated concerns regarding potential research unreliability, bias, and unethical outcomes in GenAI-generated research results. Considering these concerns, the purpose of this commentary is to review the current use of GenAI in qualitative research, including its strengths, limitations, and ethical dilemmas from the perspective of critical appraisal from South Asia, Nepal. …

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Fourteen Going On Forty: Challenging Sex Offender Registration For Juveniles Under The Fourteenth Amendment Equal Protection Clause, Emily Baker

William & Mary Bill of Rights Journal

Part I of this Note reviews the historical background leading to the development of sex offender registration laws and examines relevant Supreme Court precedent. Part II analyzes the principles of juvenile justice, the application of juvenile sex offender registration policies, and the collateral consequences of youth sex offender registration. Part III argues that registered juvenile offenders should be considered a quasi-suspect class and thus receive intermediate scrutiny in equal protection analysis, and challenges the constitutionality of juvenile sex offender registries, particularly the South Carolina statutory scheme. Part IV examines the turning legal tide against juvenile registration through the recent Model …

Protecting Children's Access To A Sound Basic Education In The Age Of Political Polarization, A Comment On Goodwin Liu And Kristine Bowman's Essays On Children's Education In The Restatement, Emily Buss

University of Chicago Law Review

Justice Goodwin Liu and Professor Kristine Bowman have taken two very different approaches in their essays commenting on the Restatement’s¹ coverage of the law governing children’s education. In Some Thoughts on a Developmental Approach to a Sound Basic Education,² Justice Liu focuses near exclusively on the Restatement’s articulation of the core educational standard, the “sound basic education,” and presses for an expanded application of that standard to children from birth through young adulthood.³ In The New Parents’ Rights Movement, Education, and Equality,⁴ Bowman addresses the entire structure of the educational provisions of the Restatement, which straddle …

The Political Economy Of Laughter And Outrage, Genevieve Renard Painter

Dalhousie Law Journal

A bit uncomfortable. That is how it feels to be among dear friends but labelled professionally as an outsider. I have a law degree, a bar membership, and a PhD in Jurisprudence and Social Policy. I am a professor in a women’s studies department at Concordia University. At conference receptions, people respond breathlessly, “But they don’t have a law school at Concordia!?,” as though I am hearing confession in a gas station, or something as heretical. I teach legal history, international law, feminist legal theory, and constitutional law to undergraduates who are not in law school and mostly don’t want …

Making "Medical": How Psychedelics Are Becoming Legal In Canada, Agnieszka Doll

Dalhousie Law Journal

As legal restrictions loosen, psychedelic-assisted therapies are advancing at an unprecedented pace and scope in Canada and the US. Presented as a miracle cure for post-traumatic stress, depression, and other psychological disorders, psychedelics are being touted to treat post-pandemic mental health crises. In this paper, drawing on Science and Technology Studies, I ethnographically trace the ongoing process and practices involved in transforming illegal psychedelics into a regulated medicine in Canada, paying particular attention to regulatory pathways and the development of networks involved in psychedelic advocacy. Using these pathways as a methodological “sampling device,” I map the main actors, their mutual …

Impaired, In Pairs, Cristina Carmody Tilley

Faculty Publications

Rape, like many other one-on-one aggressions, can be treated as both a crime and a tort. But neither body of law responds effectively to these aggressions. Criminal rape prosecution is notoriously difficult, and civil rape suits are notoriously rare. Today, as private law theorists have begun to study tort’s potential to drive social justice on issues of race, gender, and class, it is an ideal time to reassess the terms of civil liability for intimate injury. Culture has long limited “real rape” to premeditated, stranger-on-stranger, aggression. Consequently, tort has long categorized what this Essay terms “non-collaborative sex” as an intentional …

Asymmetry Of Representation In Poor People’S Courts, Tonya L. Brito, Daniela Campos Ugaz

Fordham Law Review

This Essay examines the asymmetry of representation in poor people’s courts, specifically in child support enforcement cases involving the State. The asymmetry of representation is a common occurrence in various civil law fields, but it is notably prominent in family law, which has the highest number of unrepresented parties. As one of the authors has previously explained, we use “poor people’s courts” to refer to state civil courts that hear family, housing, administrative, and consumer cases. These courts present severe challenges to the civil justice system because they are characterized by a substantial volume of cases, socioeconomically disadvantaged litigants, and …

Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights (2024), Nadine Strossen

Books

Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and …

Addressing Educational Inequality In The United States: A Comparative Approach To The European System, Yi-Sheng Liu

Marquette Benefits and Social Welfare Law Review

This study compares educational inequality in the U.S. and Europe. Utilizing a comparative approach based on the Positive Obligations of the European Convention on Human Rights and the Fourteenth Amendment to the U.S. Constitution, we expand on social contexts and objective facts to address how the U.S responds to educational inequality issues in contemporary constitutional interpretation (digital transformation and disparity, for example). We examine emerging issues in social change and expectations and discuss the rationale for constitutional legal norms to explain how these contribute to constitutional change. We suggest that the nation’s confrontation with educational inequality should be guided by …

Supreme Court Legitimacy And Reform: Problems With Personnel And Composition Reform Proposals, Joe A. Morgan

Nevada Law Journal

Some people claim that the United States Supreme Court—which is currently dominated by a conservative supermajority—is in a legitimacy crisis. Unsurprisingly, many people are, therefore, calling for institutional reform. Several types of reform proposals have been presented over the years.

This Note evaluates and presents a normative claim concerning a particular group of reform proposals: “personnel” or “composition” reform proposals—those reform proposals that directly address the number of Justices, when Justices get replaced, how seats on the Court are allocated, and which Justices hear cases. This Note proceeds in three Parts. Part I provides an overview of the legal background, …

Extractive Welfare: Medicaid Statutory Recovery Formulas After Gallardo V. Marstiller, Elenore Wade

University of Richmond Law Review

In 2022, the Supreme Court of the United States held states may seize injured Medicaid recipients’ tort recoveries beyond the portion of those recoveries allocated for past medical expenses actually covered by Medicaid. However, the Court’s decision went beyond that distinction by validating the practice of states using one-size-fits-all “statutory recovery formulas” to seize the tort recoveries of injured Medicaid recipients. Although the Court painted the dispute as one of bland statutory interpretation, the holding enshrines the subordinated social and legal position of recipients of poor people’s programs in the United States. Although others have examined Medicaid, and other poor …

Critical Data Theory, Margaret Hu

William & Mary Law Review

Critical Data Theory examines the role of AI and algorithmic decisionmaking at its intersection with the law. This theory aims to deconstruct the impact of AI in law and policy contexts. The tools of AI and automated systems allow for legal, scientific, socioeconomic, and political hierarchies of power that can profitably be interrogated with critical theory. While the broader umbrella of critical theory features prominently in the work of surveillance scholars, legal scholars can also deploy criticality analyses to examine surveillance and privacy law challenges, particularly in an examination of how AI and other emerging technologies have been expanded in …

Trinity Western University Decisions And Engineers’ Equity, Diversity, And Inclusion Obligations Under The Statutory Public Interest Mandate, Michelle Liu, Vanessa Matta

Canadian Journal of Law and Technology

Engineers create technologies but do not sufficiently care for their biased and inequitable outcomes despite the engineering profession’s statutory mandate to protect the public interest. The engineering and legal professions’ similar admission processes and statutory provisions mandating the protection of public interest may justify applying the Supreme Court of Canada’s interpretation of the legal profession’s public interest mandate in the Trinity Western University decisions to the engineering profession. The Supreme Court’s interpretation centres on equal access to the profession, diversity within its membership, and protection of 2SLGBTQ+ persons. The work begins by setting out the definitions and challenges of equity, …

Regulating The Public Defender Identity, Irene Oritseweyinmi Joe

Fordham Law Review

The public defender institution has trouble meeting its mission. This is partly because, despite the specific and clear purpose of representing indigent defendants in criminal proceedings, public defender offices rely on various centering principles to meet this objective. The institution falters if it chooses a centering principle that unwittingly complicates its ability to meet the institution’s central mission. For public defender leaders tasked with developing and maintaining an institutional identity for a particular office, neither legal nor professional regulations supply the type of considerations that guarantee that an adopted identity will comply with core institutional responsibilities. This project seeks to …

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.