Digital Commons Network^™

Christians And/As Liberals?, Steven D. Smith

Notre Dame Law Review

Christianity and liberalism were made to fit each other, like hand and glove. According to some interpretations, anyway. Liberal constitutionalism, with its commitments to freedom and equal human dignity, is the political system that reflects and embodies Christian commitments; and the constitutional legal order that accompanies liberalism, centrally including legally enforced rights of religious freedom, is the mode of government that best permits Christians to live in accordance with their faith in a fallen and deviant world. Thus, a couple of decades ago, Robert Kraynak reported that “[a]lmost all churches and theologians now believe that the form of government most …

The Weaponization Of Attorney’S Fees In An Age Of Constitutional Warfare, Rebecca Aviel, Wiley Kersh

Sturm College of Law: Faculty Scholarship

If you want to win battles in the culture war, you enact legislation that regulates firearms, prohibits abortions, restricts discussion of critical race theory, or advances whatever other substantive policy preferences represent a victory for your side. But to win the war decisively with an incapacitating strike, you make it as difficult as possible for your adversaries to challenge those laws in court. Clever deployment of justiciability doctrines will help to insulate constitutionally questionable laws from judicial review, but some of the challenges you have sought to evade will manage to squeak through.

To fully disarm your opponents in an …

Preserving Constitutional Integrity In The Age Of Cyberwarfare: A Paper Tiger, Or Death By A Thousand Cuts?, Darren Singh

UC Law Constitutional Quarterly

The Constitution is meant to serve as a necessary constraint on unilateral Executive military actions. Today, nation-states and non-state actors can launch devastating cyberattacks on the infrastructure, economy, military, and democratic systems of the United States. These attacks do not fall within the realm of “hostile actions” necessary to constitute war. Cyberattacks from adversaries are best deterred with offensive cyberattacks of our own. The President is the best actor to superintend and direct this active defense. Neither the Constitution nor the War Powers Resolution, however, offer a framework for how the United States may respond to these threats while also …

Adversarial Election Administration, Rebecca Green

North Carolina Law Review

No abstract provided.

Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Milena Sterio, Yvonne Dutton

Law Faculty Articles and Essays

This Article's primary goal is to highlight the International Criminal Court (ICC)'s Office of the Prosecutor (OTP)'s Gender Persecution Policy, while also demonstrating its place in the trajectory of the ICC's progress in changing the course of human history as relates to the recognition of and prosecution of sexual and gender-based (SGBV) crimes. To that end, some background is necessary to contextualize the ICC's current policy and practice as relates to the crime of gender persecution. Part II discusses the Rome Statute's unique contributions to the development of international criminal law regarding SGBV crimes, including the crime of gender persecution. …

Voices Of The River: The Rise Of Indigenous Women Leaders In The Colorado River Basin, Heather Tanana

Colorado Environmental Law Journal

Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions-formally within tribal government, as well as informally in prominent community roles. These women are poised to lead the way in protecting their communities against climate change impacts, but support is critical to sustaining pathways to leadership. This article discusses the disproportionate impacts of climate change on tribes and highlights the rise ofIndigenous female leadership within the Colorado River Basin …

Adversarial Election Administration, Rebecca Green

Faculty Publications

As Americans, we are conditioned to believe that involving partisans in the administration of elections is inherently problematic. Understandably. The United States is a major outlier; virtually every other developed democracy mandates nonpartisan election administration. Whether on the left or right— especially since the 2020 election—we are barraged with headlines about actual or feared partisanship on the part of those who run our elections. What this narrative misses, however, is a crucial and underrecognized fact: by design, partisans have always played central roles at every level of U.S. election administration. What is more, partisans are baked into the U.S. election …

The Two-Way Protective Regime Of Intangible Cultural Heritage In Armed Conflict : Application Of Modern Laws In Amalgamation With Earlier Vedic Traditions., Shivesh Saini

Indonesia Law Review

The destruction of property has been dealt with in different conventions across International Humanitarian Law. These regulations, however, demand more clarity in light of constantly evolving warfare methods. One such aspect is the protection of digital intangible assets in several forms of armed conflict. The existing protection conferred to intangible assets is questionable and has been very little addressed in light of international law in contrast with tangible assets. Therefore, the paper seeks to demonstrate the enforceability of existing principles over intangible assets. In addition, there is explicit dependability of protection of these intangible cultural assets on cyber security. The …

The Lieber Code And The American Civil War, Xin Zheng

Undergraduate Research Symposium

This poster talks about the life of Francis Lieber, the Lieber Code, and the impacts of the Lieber Code.

The Rise In Anti-Asian Racism And Xenophobia In The Time Of Covid-19, Mitchell Alan Kaplan

Journal of Hate Studies

As the COVID-19 pandemic continues to have a detrimental impact on the health of the American people and those abroad, the social consequences stemming from the spread of the virus have become an international crisis whose effects reach far beyond the medical issues associated with the disease. Racial and xenophobic propaganda about the illness promoted on social media platforms such as Facebook and Twitter and at campaign rallies by former President Trump has spurred a dramatic increase in anti-immigrant sentiments toward Asian Americans. The polarizing effects of the Administration’s anti-Asian rhetoric have become a battle cry that has given renewed …

Nuclear Threat As Race Hatred, John Streamas

Journal of Hate Studies

Nuclear weapons, since their advent in the 1940s, have been regarded as so massively destructive and lethal that few have questioned whether particular groups might be targeted. Deaths across their geographical sweep seem to be total and indiscriminate. I argue, however, that it is no accident or coincidence that the Bomb was first used on a non-White nation; people of color in the United States such as Langston Hughes believed it would never be used against a White enemy. On the other hand, even if it is a race weapon, it is also still a species weapon, so that even …

The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte

International Relations Honors Papers

Conflict-related rape—once thought to be an inevitable symptom of war—has been legally recognized as both a distinct weapon of war and a crime against humanity, yet it continues to be utilized with impunity. To understand why combatants rape, this paper examines the aspects of military culture that create environments in which raping is not only permissible, but encouraged; additionally, this paper considers cases of genocide in Bosnia and Rwanda in which rape was used systematically to achieve political goals, and how these conflicts contributed to new conceptions of rape in international criminal law. These new conceptions of conflict-related rape created …

A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen

Global Tides

This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.

Black Masculinity And The Government, Paul Butler

University of Chicago Legal Forum

No abstract provided.

Security Researchers Battle Against The Dmca, Andre Sardaryzadeh

Chicago-Kent Journal of Intellectual Property

In the digital age, cybersecurity plays a principal role in resolving consumer concerns regarding data breaches. Nevertheless, United States copyright laws prohibit the effective use of cybersecurity tools that disrupt malicious hackers from gaining access to personal (and sensitive) information. One law, in specific, that is detrimental to the defense against malicious attackers is the Digital Millennium Copyright Act (“DMCA”). Specifically, section 1201 of the DMCA prohibits the circumvention of copyrighted information. Malicious hackers have various tools and techniques to obtain unauthorized access to personal information via software vulnerabilities. Importantly, these vulnerabilities often result in the theft of consumers’ personal …

Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual – And Miss, Brian L. Cox

Cornell Law Faculty Working Papers

In a letter recently sent to the Department of Defense General Counsel, two lawmakers – Representative Sara Jacobs and Senator Dick Durbin – present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.

Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the …

Prospek Menetapkan Robot Sebagai Subyek Hukum, Brian Amy Prastyo, Ronald Tumpal Hutagalung

Technology and Economics Law Journal

No abstract provided.

Aid And Assistance As A “Use Of Force” Under The Jus Ad Bellum, Michael N. Schmitt, W. Casey Biggerstaff

International Law Studies

Although the prohibition of the use of force is a cornerstone of international law, our understanding of what constitutes a “use of force” under Article 2(4) of the UN Charter nonetheless continues to evolve. While the term was traditionally understood to mean armed force, emerging interpretations are expanding our understanding of the prohibition’s breadth. The Charter’s text, travaux préparatoires, and subsequent interpretations and practice by States, reinforced by the persuasive reasoning of the International Court of Justice, all confirm that the notion of force extends to indirect force, which includes military support provided to parties to a conflict. Yet, to …

Law Of Art, Law Of War: The Legacy Of The Law Of War In International Cultural Property Law, Richard G. De Schweinitz

Cardozo International & Comparative Law Review (CICLR) Blog

Issues of international art law tend to center on the restitution of lost works of art to their owners across borders. Wars today engender many disputes over rightful ownership; but historically, these conflicts were decided rather simply by the law of nations. Per one Judge Croke, “all property belonging to the enemy shall be liable to confiscation”. However, one of the earliest principles of just war in the modern era was the extension of special protections to works of culture. This principle, developed in the international conflict context, evolved through a lineage of international agreements into the basis for modern …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Checking The President’S Sanctioning Power In The New Age Of Economic Warfare, Jaden Mcquivey

Brigham Young University Prelaw Review

The United States President has nearly unlimited sanctioning power. This paper agrees with presidential authority over sanctions, which has been firmly established by the Trading With the Enemy Act of 1917, International Emergency Economic Powers Act in 1977, United States v. Curtiss-Wright Export Corp., and INS v. Chadha. However, this paper does not agree with unchecked sanctioning power. By simply declaring a national emergency, the President can legally justify most economic sanctions on foreign countries. Over the last few decades, the United States has entered a new state of “sanctioning madness” and is known for its particularly destructive unilateral sanctions. …

Kukin Program Newsletter – Spring 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2023 highlights significant events and achievements in Cardozo Law's Alternative Dispute Resolution (ADR) initiatives. Key features include Gloria Steinem receiving the 22nd International Advocate for Peace Award, presentations by Securities Arbitration Clinic students to the SEC, and global representation at the ICC International Commercial Mediation Competition and other ADR competitions. The newsletter also covers impactful symposiums, such as "Negotiation Strategies for War by Other Means," and showcases the activities of the Cardozo Dispute Resolution Society and the Cardozo Journal of Conflict Resolution. Alumni achievements, faculty contributions, and new publications further demonstrate the program's dedication …

Does The Death Penalty Still Matter: Reflections Of A Death Row Lawyer, David I. Bruck

Washington and Lee Journal of Civil Rights and Social Justice

This talk was given by Professor David Bruck for the Frances Lewis Law Center at Washington and Lee University School of Law, April, 2002. It is a follow-up to “Does the Death Penalty Matter?,” given by Professor Bruck as the 1990 Ralph E. Shikes Lecture at Harvard Law School.

Keeping Sanctions “Smart”: Calibrating U.S. Sanctions Policy To Overcome Overcompliance, Adam M. Smith, Cody M. Poplin

North Carolina Journal of International Law

No abstract provided.

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Untethering Umvs From Vessels: Why The United States Should Construct A New Environmental Legal Scheme For Unmanned Maritime Vehicles, Lindsay I. Mccarl

Dickinson Law Review (2017-Present)

International and domestic laws and regulations, and in particular those addressing environmental protections related to the world’s oceans, have no clear application to unmanned maritime vehicles (UMVs). Instead, legal scholars have attempted to fit UMVs into current legal schemes in a piecemeal manner that UMVs practically and realistically cannot comply with. UMVs are inherently different than their manned counterparts and therefore require a unique legal framework separate and apart from manned vessels. Without its own legal scheme, the United States Navy and other organizations will not be able to realize the full potential of UMVs—not only for their military operational …

The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman

Doctoral Dissertations and Master's Theses

This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …

Due Process Discontents In Mass-Tort Bankruptcy, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual - And Miss, Brian L. Cox

Cornell Law Faculty Publications

In a letter recently sent to the Department of Defense General Counsel, two lawmakers—Representative Sara Jacobs and Senator Dick Durbin— present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.

Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the inquiry determines that …

With A Wink And A Nod: How Politicians, Regulators, And Corrupt Coal Companies Exploited Appalachia, Patrick C. Mcginley

University of Richmond Law Review

Environmental regulators treated America’s leading coal companies like Wall Street’s mismanaged banks leading to the “Great Recession”—big coal companies that produced millions of tons of coal were simply too big to fail. With a wink and a nod, federal and state regulators ignored a core provision of federal law that was intended to prevent coal companies from continuing their past practices of plundering Appalachia’s mineral wealth while ravaging her environment.

This Article examines how the coal industry successfully evaded compliance with that law. The consequences of this evasion include mass bankruptcies, thousands of acres of mined land laying unclaimed, …