Digital Commons Network^™

Perceptual Framing Of Homeland Security, Linda Kiltz, James D. Ramsay

Security Studies & International Affairs - Daytona Beach

This article analyzes the phenomenon of homeland security through the development of four conceptual lenses that were created out of the existing literatures in criminal justice, public administration, organization behavior, risk management, international relations, and the overlap between them. Using terrorism as a proxy for the homeland security enterprise, these conceptual lenses include: (1) homeland security as a criminal justice problem which views terrorism as a crime; (2) homeland security as a international relations problem which views terrorism as a war; (3) homeland security as an organization design problem which views terrorism as a network of sub-state transnational actors; and …

Detention Of Terrorists In The Twenty-First Century, William K. Lietzau

International Law Studies

No abstract provided.

Albuquerque Journal Interviews Moore About The Law Of Compassion, Jennifer Moore

Faculty Scholarship

No abstract provided.

Humanitarian Law In Action Within Africa, Jennifer Moore

Faculty Book Display Case

In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: …

Humanitarian Law In Action Within Africa, Jennifer Moore

Faculty Scholarship

I’m happy to share news of my book Humanitarian Law in Action within Africa, soon to be released by Oxford University Press.

The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East, Michael Kagan

Scholarly Works

Many challenges surrounding refugee protection relate to a de facto shift of responsibility from sovereign governments to the UN Refugee Agency (UNHCR) to directly administer refugee policy. This phenomenon is legally anomalous, and it is UNHCR policy to avoid the operation of such "parallel structures." Yet the existence of a UN "surrogate state" offers important advantages to some host governments, which makes state-to- UNHCR responsibility shift difficult to reverse. Using the Arab Middle East as a case study, this article argues that, while not ideal, UNHCR's state substitution role offers important symbolic and material benefits to governments that host refugees …

Reconceptualizing Federal Courts In The War On Terror, Jonathan Hafetz

Saint Louis University Law Journal

No abstract provided.

Beyond Microfinance: Creating Opportunities For Women At The Base Of The Pyramid, Deborah Burand

Articles

A growing number of innovative social entrepreneurs are tackling this problem by creating 'busmesses in a bag' mspired by the world's largest direct seller of beauty products - Avon. These very small franchise or consignment businesses are affordable enough to be acquired and operated by women living at the base of the economic pyramid. Just as commercial franchise networks such as Avon have helped people with httle or no experience grow mto successful business owners around the world, microfranchise and microconsignment networks may hold similar promise.

A Tribute To Louise Mckinney, Thomas F. Geraghty

Case Western Reserve Law Review

No abstract provided.

The Penal Order: Prosecutorial Sentencing As A Model For Criminal Justice Reform?, Stephen C. Thaman

All Faculty Scholarship

This chapter traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It compares the types of penal order procedures found in modern criminal procedure codes, and it compares penal orders with other “consensual” procedural modes that also involve considerable prosecutorial influence in determination of the level of guilt and punishment: diversion, pleas and stipulations of guilt, and abbreviated trials based on the contents of the preliminary investigation dossier. Finally, it explores whether the penal order, could eventually become a model for the consensual resolution of all …

Academic Sailers: The Ford Foundation And The Efforts To Shape Legal Education In Africa, 1957-1977, Jayanth K. Krishnan

Articles by Maurer Faculty

This study examines a major law-and-development project in Africa undertaken by the New York-based Ford Foundation in the decades following the Second World War. By the 1960s, many countries in Africa freed themselves of colonial rule, and Ford eagerly sought to assist these newly emerging states in the nation-building process. One area towards which Ford contributed considerable resources was legal education. Labeling its program ‘SAILER’ – or the Staffing of African Institutions of Legal Education and Research – Ford engaged in a range of initiatives, including sending American lawyers to teach in several different African countries and bringing Africans to …

The Center Cannot Hold: Assessing The Reach Of China's Labor Protections Of Migrant Workers In Africa, Tonya Rodgers

Fordham International Law Journal

No abstract provided.

Realizing The Human Right To Water In Tanzania, Leticia K. Nkonya

Human Rights Brief

No abstract provided.

A Guide For Homeland Security Instructors Preparing Physical Critical Infrastructure Protection Courses, Steven Hart, James D. Ramsay

Security Studies & International Affairs - Daytona Beach

Over 350 academic programs in the United States currently offer instruction in the field of homeland defense and security. In spite of this growth at the program level over the past ten years, there still exists a shortage of instructors and coursework in critical infrastructure protection (CIP). Traditional instructor preparation (which is accomplished through the attainment of an advanced degree coupled with research and professional experience) does not currently produce enough instructors qualified in CIP because of the extremely limited number of CIP-related educational opportunities. Therefore, an alternate venue for instructor preparation must be provided. This article addresses that need …

Winning At The Expense Of Law: The Ramifications Of Expanding Counter-Terrorism Law Enforcement Jurisdiction Overseas, Tyler Raimo

American University International Law Review

No abstract provided.

Energy Justice: Achieving Stability In Oil-Producing African Nations, Elise Aiken

Colorado Environmental Law Journal

No abstract provided.

What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty

Faculty Scholarship

Ten years after the attacks of September 11, 2001, it almost goes without saying that the acts of grotesque violence committed on that day have had enormous effects on national security law and policy worldwide. To be labeled a terrorist, or to be accused of involvement in an act of terrorism, carries far more severe repercussions now than it did ten years ago. This is true under international law and under domestic law in nations that have dealt with serious national security concerns for many years.

Given the U.N.’s global mandate to combat terrorism and that being defined as a …

The Evolution Of Constitutional Environmental Law In Kenya, J. Bradley Larkin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert

St. Mary's Law Journal

Congress responded to the terrorist attack of September 11, 2001 by passing the Authorization for the Use of Military Force (AUMF). In the following years Congress augmented that authority with the Military Commissions Act of 2006 (MCA of 2006) and the Military Commissions Act of 2009 (MCA of 2009). In passing these acts, Congress responded to the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that President Bush’s attempt to establish military commissions required Congressional authorization. When drafting both MCAs, Congress recognized numerous evidentiary and trial procedures from federal civilian court were inappropriate for trying unlawful combatants. By these …

A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri

Fordham International Law Journal

This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the …

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins

Faculty Publications

No abstract provided.

Djibouti Code Of Conduct : An Instrument To Suppress Piracy In The Western Indian Ocean And The Gulf Of Aden, Dave Muli

World Maritime University Dissertations

No abstract provided.

Violence & Hiv/Aids: Violence Against Women And Girls As A Cause And Consequence Of Hiv/Aids, Shirley Kohsin Wang

Duke Journal of Gender Law & Policy

No abstract provided.

Bombed Away: How The Second Circuit Destroyed Fourth Amendment Rights Of U.S. Citizens Abroad, Carla Crandall

BYU Law Review

No abstract provided.

The Right To Miranda Warnings Overseas: Why The Supreme Court Should Prescribe A Detailed Set Of Warnings For American Investigators Abroad, Jessica Schneider

Connecticut Journal of International Law

This note will address several issues. Part I will examine the history of Miranda warnings. Part II will discuss the various ways in which district and circuit courts have addressed the applicability of Miranda warnings in foreign countries, and will examine the case of United States v. Bin Laden23 and its appellate counterpart, In re Terrorist Bombings of U.S. Embassies in East Africa, the most elaborate decisions to date on Miranda's reach abroad. Part III will explore Miranda's right to counsel provision and the debate raging in courts around the country regarding Miranda's application abroad. Part IV will explore the …

The Perils Of Privatization: International Developments And Reform In Water Distribution, Adam D. Link

Global Business & Development Law Journal

No abstract provided.

Self-Defense Targetings Of Non-State Actors And Permissibility Of U.S. Use Of Drones In Pakistan, Jordan J. Paust

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

The 9/11 Commission And The White House: Issues Of Executive Privilege And Separation Of Powers, Daniel Marcus

Scholarly Articles in Law Reviews & Journals

No abstract provided.

For Congo Jack, Gentle Globetrotter, Paul H.W. Brietzke

Valparaiso University Law Review

No abstract provided.