Digital Commons Network^™

Pessoa: O Direito Da Seguranca Nacional, W. D. Macdonald

Florida Law Review

No abstract provided.

Labor Law: Injuction Permitted To Enforce No-Strike Clause, Martin Z. Kessler

Florida Law Review

No abstract provided.

Donald Trump And America's New Class War, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Environmental Justice Mapping In The U.S. Pacific Island Territory Of Guam, Ben Rocha

Master of Science in Environmental Sciences and Management Projects

Academics, regulators, and the public currently use geospatial analysis tools to identify locations that may be candidates for further environmental justice review in the continental United States (U.S.). However, current environmental justice geospatial analysis tools overlook a small but significant portion of the U.S. - the U.S. Pacific Islands. This study analyzes environmental justice within the U.S. Territory of Guam using existing geospatial analysis methods and publicly available environmental, climate, and socio-economic data to: (1) Spatially map relevant demographic and environmental data and (2) determine the correlation, if any, between the exposure to environmental hazards and the socio-economic status of …

Solving The "King Lear Problem", Benjamin Means

Faculty Publications

In Shakespeare’s play, King Lear, an aging ruler relinquished control to two of his three daughters. The succession failed miserably, destroying his family and destabilizing his kingdom. King Lear shows why few family businesses survive beyond three generations. Understanding Lear’s failure is crucial to avoiding Lear’s fate, whether the family business in question is a monarchy, a media empire, or a hardware store. The conventional wisdom is that Lear gave away his kingdom too soon and left himself vulnerable to predatory heirs. This has been referred to as the “King Lear Problem.”

The conventional wisdom is wrong. Lear’s succession plan …

Legal Implications Of A Ubiquitous Metaverse And A Web3 Future, Jon M. Garon

Marquette Law Review

The metaverse is understood to be an immersive virtual world serving as the locus for all forms of work, education, and entertainment experiences. Depicted in books, movies, and games, the metaverse has the potential not just to supplement real-world experiences but to substantially supplant them. This Article explores the rapid emergence and evolution of the Web3 technologies at the heart of the metaverse movement. Web3 itself is a paradigmatic shift in internet commerce.

War And Law In Ukraine: Wheels Of Justice Still Rotate, Dmitriy Kamensky

The International Lawyer

No abstract provided.

Cloud Gaming Demystified: An Introduction To The Legal Implications Of Cloud-Based Videogames, Mitchell Longan, Gaetano Dimita, Johan David Michels, Christopher Millard

Michigan Technology Law Review

In this paper, we “demystify” cloud-based videogaming and its legal implications, in two stages. First, we describe the videogame sector; explain the basics of cloud computing and traditional videogame technologies and set out how the two converge in cloud-based videogame systems. Based on this analysis, we distinguish three separate models for cloud gaming services: (i) the “layered” model of Gaming-as-a-Service (‘GaaS’); (ii) the ‘integrated’ model of GaaS; and (iii) the ‘consumer infrastructure-as-a-service’ model. We argue that these three models are key to analyzing how intellectual property rights, contractual rights, and regulatory issues will develop in this novel environment for videogame …

Section 230 Of The Communications Decency Act Of 1996: The Antiquated Law In Need Of Reform, Katherine Mediavilla

Missouri Law Review

Imagine a world without the information sharing-giants of Facebook, YouTube, Instagram, TikTok, Twitter, or Reddit. It is nearly impossible to go a day without some type of exposure to content created, published, and shared on such platforms. A world without these platforms would bear a striking resemblance to the world in 1996, when Congress passed the Communications Decency Act (“CDA”). The CDA, often referred to as “the 26 words that made the internet,” states that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content …

Neutral State Access To Ukraine’S Food Exports, James Kraska

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, May 18, 2022, https://lieber.westpoint.edu/neutral-state-access-ukraines-food-exports/.

Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao

World Maritime University Dissertations

No abstract provided.

Maritime Exclusion Zones In Armed Conflicts, Raul (Pete) Pedrozo

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, Apr. 12, 2022, https://lieber.westpoint.edu/maritime-exclusion-zones-armed-conflicts/.

The Attack On The Vasily Bekh And Targeting Logistics Ships, James Kraska

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, July 11, 2022, https://lieber.westpoint.edu/attack-vasily-bekh-targeting-logistics-ships/.

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold

The US Army War College Quarterly: Parameters

No abstract provided.

Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii

The US Army War College Quarterly: Parameters

No abstract provided.

Professionalizing Special Operations Forces, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

Police Killings As Felony Murder, Guyora Binder, Ekow Yankah

Journal Articles

The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employedthe widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder—although perhaps the only murder charge available for this killing under Minnesota law—understated Chauvin’s culpability and thereby inadequately denounced his crime. They show that further opportunities to prosecute police for felony murder are quite limited. Further, a substantial minority of states impose felony murder liability for any death proximately caused by a felony, even if the actual killer was a police …

The Future Of Injury (Tort Law In The Wake Of The Pandemic), Anne Bloom

DePaul Law Review

No abstract provided.

National Pork Producers Council V. Ross: Brief Of Professors Barry Friedman And Daniel T. Deacon As Amici Curiae In Support Of Respondents, Daniel T. Deacon

Appellate Briefs

Barry Friedman is the Jacob D. Fuchsberg Professor of Law and Affiliated Professor of Politics at New York University Law School and is one of the country’s leading authorities on constitutional law and the federal courts. Daniel T. Deacon is a Lecturer at the University of Michigan Law School and has published extensively on topics that include constitutional and administrative law. Professors Friedman and Deacon are the authors of A Course Unbroken: The Constitutional Legitimacy of the Dormant Commerce Clause, 97 Va. L. Rev. 1877 (2011), a leading article examining the origins of the Commerce Clause and defending the validity …

The Poignant Paradoxes Of Criminal Justice: A Review (Reviewing Romantic Outlaws, Beloved Prisons By Martha Grace Duncan), Francis A. Allen

Florida Law Review

No abstract provided.

Illegal Aliens: Extraterrestrials And White Fear, Kenneth B. Nunn

Florida Law Review

No abstract provided.

The 1994 Annual Meeting Of The Association Of American Law Schools: Changing The Rules Of Pretrial Fact Disclosure, William O. Bertelsman

Florida Law Review

No abstract provided.

One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington

Florida Law Review

No abstract provided.

Giving, Trading, Thieving, And Trusting: How And Why Gifts Become Exchanges, And (More Importantly) Vice Versa, Carol M. Rose

Florida Law Review

No abstract provided.

Setting The Agenda For The 1990s: The Historical Foundations Of Gender Bias In Law: A Context For Reconstruction, Ricki Lewis Tannen

Florida Law Review

No abstract provided.

The Emerging Role Of The Federal Tax Law In Regulating Hostile Corporate Takeover Defenses: The New Section 5881 Excise Tax On Greenmail, Eric A. Lustig

Florida Law Review

No abstract provided.