Digital Commons Network^™

A Franciscan Approach To Lawyering, Christopher C. Van Haight

Student Works

No abstract provided.

Source & Solidarity, Sari Mazzurco

Michigan Law Review

Trademark law has become the new frontier of unionbusting. Companies like Trader Joe’s, Starbucks, and Medieval Times have brought unprecedented suits against their employee unions for trademark infringement in relation to their organizing activities. This sort of litigation puts courts in the difficult position of reconciling trademark protection with unionization rights. Their attempts to apply standard trademark doctrines in this context reveal a deeper problem: Current trademark law is incoherent when applied to labor unions.

This incoherence stems from a disconnect between current trademark law and the original purpose behind its application to labor unions. This Article recovers that basis …

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

Cognitive Resilience At The Edge: Hyperdimensional Computing Versus Deep Learning For Hardware-Degraded Rf Classification, Adrian B. Cisneros, Jeong Yang

Military Cyber Affairs

Autonomous Collaborative Combat Aircraft (CCA) operating in contested electromagnetic environments must classify Radio Frequency (RF) signals on edge silicon that degrades over the mission lifetime due to thermal stress, radiation, and manufacturing variation. Deep neural networks dominate RF classification on pristine hardware, but their weights are precise and interdependent, causing catastrophic accuracy collapse as the underlying chip ages. We investigate whether Hyperdimensional Computing (HDC), a brain-inspired paradigm that distributes information across thousands of dimensions, can provide a reliability floor where Deep Learning fails. Using the RadioML 2016.10A dataset filtered to five digital modulations relevant to drone command-and-control links, we trained …

From Framework To Toolchain: Implementing Zero Trust Architecture In Cloud-Native Environments For Dow Compliance, Shelby C. Snyder

Military Cyber Affairs

Federal agencies face a fiscal year 2027 target for enterprise-wide Zero Trust deployment, but NIST SP 800-207A defines logical components without identifying the Kubernetes technologies that implement them. This paper proposes a three-tier mapping of the Policy Engine, Policy Administrator, and Policy Enforcement Point to service mesh, microsegmentation, and perimeter tooling, stating the criteria by which each component is classified. It then applies a defined rubric to six Zero Trust vendors across component alignment, Kubernetes capability, federal authorization posture, and evidence quality, finding that no single vendor covers all three tiers. The mapping is a testable architectural proposition; a Stage …

Of What Is Such Arbitrage One Instance: On Palan's Profit And Power, Craig Murphy

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

From Monopoly To Orchestration: The Hilltop And Farm Youth And The Changing Organization Of State Coercion - The Israeli Case, Idan Yaron

Emancipations: A Journal of Critical Social Analysis

Drawing on more than a decade of ethnographic fieldwork – as a social anthropologist, studying the Far Right in Israel, on the ground, and through intimate and prolonged relationships with opinion leaders and rank-and-file activists – this essay examines the Hilltop and Farm Youth in the West Bank to reconsider Charles Tilly's influential account of state formation and the organization of coercion. It asks a simple but troubling question: why would a powerful modern state, fully capable of suppressing autonomous violent actors, sometimes allow them to persist? I argue that Tilly's theory should be confirmed, adapted, and amended. His fundamental …

Border Fascism And The Fascistization Of Society, Nicholas P. De Genova

Emancipations: A Journal of Critical Social Analysis

The massive destruction and social dislocation wrought by capitalist crisis has culminated, historically, in the brutal cataclysms of fascism and other forms of authoritarian rule. Today, across the globe, we are confronted with the aggressive advance and entrenchment of a variety of such authoritarian political projects. Anxious discourses about ascendant fascism have become perfectly mainstream. These developments command our acute attention and critical analysis. This essay addresses these dire questions and the conceptual vexations surrounding the concept of fascism, particularly as it has been elaborated in various Marxist analyses.  Specifically, much of the debate around fascism as an analytical category …

Guardians In Orbit: Legal Justifications And Limits Of Defensive Satellite Operations, Yurika Ishii

International Law Studies

The deployment of “bodyguard satellites”—spacecraft designed to autonomously detect and counter hostile space objects—has moved from classified capability development to explicit national security policy across a growing number of States. This article examines the circumstances under which interference with another State’s satellite may be legally justified under international law, analyzing several possible grounds: self-defense under Article 51 of the UN Charter, forcible countermeasures, non-forcible countermeasures, and necessity. Drawing on a survey of national space defense policies, jurisprudence of the International Court of Justice, and the law of State responsibility, the article reaches two principal conclusions. First, across all justificatory frameworks, …

Mythbusting Cybersecurity Information Sharing And Antitrust, Terence Check

Journal of Business & Technology Law

No abstract provided.

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis A. Bradley

University of Chicago Law Review

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

When Protection Becomes Predation: Militarized Masculinity And Sexual Violence In Northeastern Nigeria, Tosin Osasona

Dignity: A Journal of Analysis of Exploitation and Violence

The study investigates the structural and situational drivers of conflict-related sexual violence (CRSV) perpetrated by state security actors in the context of Nigeria’s counterinsurgency campaigns in Borno State. Drawing on militarized masculinity and strain and deprivation theories, and using a qualitative, interpretive research design, the study argues that CRSV is not an isolated or episodic form of deviance by individual soldiers and security personnel but is embedded in routine military–civilian interactions. Advancing an interactionist explanation of CRSV in Nigeria’s Islamist counterinsurgency operations, the study demonstrates that the likelihood of sexual violence increases through the interaction of gendered institutional norms, operational …

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …

Manual Alignment—A Comparison Of The Law Of Armed Conflict Manuals Of The United States And Its Allies: How Reading Manuals Helps Military Lawyers Speak The Same Language When Planning Combined Operations, Jacob M. Fisch

Pace International Law Review

This article helps military lawyers work with allies.  By comparing the Law of Armed Conflict (LOAC) Manuals printed by the United States, the United Kingdom, France, Germany, and Australia, this article identifies consequential differences in the interpretation of LOAC between these five countries.  The article discusses four such differences: definitions of foundational principles, incursion into a neutral or nonparticipating State during a conflict, the role of doubt in making targeting decisions, and the degree of protection accorded to the environment from the effects of attacks.  While these differences point to possible challenges for cooperation between the United States and its …

Parameters Autumn 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

An Exceptional Model At Sea: Functionalist Targeting And The Legal Vulnerability Of Maritime Civil Defense In Japan, Kentaro Furuya

International Law Studies

The intensifying security competition in East Asia, characterized by persistent territorial disputes and the potential for major regional contingencies, has placed the Japan Coast Guard (JCG) at a strategic crossroads. The 2023 Control Guideline, which outlines the JCG’s role during armed attacks, has further heightened interest in the agency’s legal status. This article examines the critical gap between Japan’s domestic legal framework and the international law of naval warfare, specifically addressing how the potential classification of JCG assets as military objectives undermines the safety of maritime civil defense operations.

While the Japanese government firmly maintains the JCG’s status as a …

Ai Race Between The Us And China, Kennedy Lyon-Lindersmith

Discovery Day - Daytona Beach

Technological leadership in AI and semiconductor manufacturing are both directly linked with military power and geopolitical influence. At the same time, the U.S. and China are currently defining the future of conflict in the cyber domain and are in strategic competition as China attempts to displace the U.S. as a global leader in AI. These factors contribute to an important national security threat that the U.S. is facing right now: An AI race between the U.S. and China, specifically regarding military cyber operations. This paper discusses some of the implications of a digital battlefield and analyzes international laws, international institutions, …

Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy

Journal of Humanistic Mathematics

Pirates have taken the crew of an American ship hostage. They promise to release the hostages only if another pirate who is held in an American prison for commission of piracy crimes against American citizens, is released. Should the U.S. government enter into negotiations with them? Should they send armed forces and risk the hostages? Should they release the prisoner immediately and unconditionally? The article models and analyzes possible policies regarding sensitive situations involving hostages and other related risks using differential equations. The solutions are surprisingly simple, but not necessarily intuitive. Our analysis aims to demonstrate how powerful mathematics is …

Cyberattacks And The Challenges Of Applying International Humanitarian Law: An Analytical Study In Traditional Rules And Diplomatic Solutions, Mohamed Ibrahim Abdelnabi

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the inadequacy of the current legal framework of international humanitarian law in protecting civilians from the risks of cyberattacks, and analyzes the devastating humanitarian impacts of communications shutdowns and digital attacks on critical infrastructure such as hospitals. The research concludes that legal frameworks need to be modernized, international cooperation strengthened, and effective international accountability mechanisms developed to bridge the protection gap that exists in the digital age and ensure that perpetrators of these violations do not go unpunished.

Ethics Under Siege: The Conflict In Tigray Through The Lens Of Just War Theory, Daniela Widya Purba

Journal of Strategic and Global Studies

This research article explains the ethical principles of the conflict in Tigray based on the Just War Theory. By using the descriptive qualitative methodology, this research article draws data from secondary sources which includes; academic journals, news reports, as well as international legal instruments to analyze the moral trajectory of the conflict. This research begins with jus ad bellum, to assess Ethiopia’s government justification in declaring conflict within Tigray. While the government fulfilled the criteria of just cause and legitimate authority, the question stands on the ambiguous political intentions and the failure to enact peaceful alternatives before resulting in waging …

The Sinking Ship: Victor’S Justice And The Case For Accepting Tu Quoque In International Law, Cyrus S. Theodor

Ohio Northern University International Law Journal

No abstract provided.

Bestowing Citizenship To Foreign Nationals: When Is Such Intrusive And Weaponized?, Martin Kwan

Ohio Northern University International Law Journal

No abstract provided.

Promoting The Rule Of Law To Resist The Rise Of Autocracy: The Precarious Role Of The Courts, David Pimentel Esq.

Ohio Northern University International Law Journal

No abstract provided.

Class Struggle And The Socialist Economic Calculation Debate, Tiago Camarinha Lopes

Emancipations: A Journal of Critical Social Analysis

The socialist economic calculation debate is often portrayed as a sharp and straightforward conflict between two opposing sides. While this characterization is valid given the ideological clash between defenders of capitalism and proponents of socialism, this paper offers a more nuanced perspective on the interaction between the main schools of economic thought involved in the debate, the Marxist and the Austrian. Drawing on the humanist approach of critical pedagogy developed by Brazilian philosopher Paulo Freire (1921–1997), the paper argues that the debate over socialist economic calculation is not only a clear expression of class struggle within economics. It also involves …

Genocidal Occupation And The Occupier’S Dilemma: From Lemkin’S Axis Rule To 21st Century Palestine, Martin Shaw

Genocide Studies and Prevention: An International Journal

Following Israel’s campaign in Gaza after October 7, 2023, which was widely recognized as a genocide, the “ceasefire” of late 2025 introduced the prospect of a new occupation of the territory by the USA and Israel, leading to its redevelopment by them rather than the restoration of the pre-2023 Palestinian society. Together with the parallel accentuation of Palestinian dispossession under Israeli occupation in the West Bank, this development calls for a theorization of the relationship between occupation and genocide. Yet, although the concept of genocide was introduced by Raphael Lemkin in his analysis of the German occupations of European countries, …

A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo

Ocean and Coastal Law Journal

In August 2025, the China Institute for Marine Affairs (CIMA) conducted a legal assessment of U.S. views on freedom of navigation. CIMA concluded that U.S. views on freedom of navigation lack “a basis in international law,” “seriously distort[] the interpretation and development of international law,” and embody “distinct illegality, unreasonableness, and double standards.” Part 1 of the assessment provides an overview of U.S. views on freedom of navigation. Part 2 “analyzes the gaps between U.S. perceptions of navigational rights and related practices and the rules of international law.” Part 3 “analyzes the legality of U.S. restrictions on the rights of …

The Institutional Production Of Ethical War Across Modern Conflict, Katerina Udov

Binghamton University Undergraduate Journal

This paper argues that modern warfare operates through an ethical infrastructure that enables, rather than restrains, the use of violence. Contrary to the common assumption that moral frameworks such as Just War Theory function as safeguards against harm, the historical record shows that ethical language, humanitarian rhetoric, and democratic narratives serve as mechanisms to legitimize intervention, manufacture consent, and naturalize civilian suffering. Through case studies including Vietnam, Iraq, Afghanistan, U.S.-backed coups in Latin America, and French intervention in Mali, the paper traces how political leaders, media institutions, and corporate actors frame war as a moral necessity while pursuing strategic and …

Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff

Notre Dame Journal of International & Comparative Law

No abstract provided.