Digital Commons Network^™

Sex Neutrality, Doriane Lambelet Coleman

Law and Contemporary Problems

No abstract provided.

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

Newport Rules Of Engagement Handbook

International Law Studies

The Newport Rules of Engagement Handbook is published as a guide for the development of national and multinational rules of engagement for military operations. Its purpose is to assist users in the development of ROE for training, exercises, war games, and operations.

Impartial Justice: Restoring Integrity To Impeachment Trials, Justin D. Rattey

Pepperdine Law Review

In recent decades, we have witnessed the diminution of the impeachment process by various actors—especially political parties. But the Founders envisioned a vastly different process, one that was insulated from partisanship. In Alexander Hamilton’s words, impeachment trials were assigned to the Senate because the Senate is “a tribunal sufficiently dignified [and] sufficiently independent.” Examples from the most recent impeachment trials of President Donald J. Trump reflect the Senate’s loss of dignity and independence, with Senator McConnell pledging to work with the White House throughout the first impeachment process and senators from both parties conceding that they made up their minds …

Does The Revised U.S. South China Sea Policy Go Far Enough?, Raul (Pete) Pedrozo

International Law Studies

The United States issued a statement on July 13, 2020, outlining the U.S. Position on Maritime Claims in the South China Sea. The statement supplements existing U.S. policy for the South China Sea, making clear that the People’s Republic of China’s claims to offshore resources across most of the South China Sea are unlawful. Still, the revised U.S. policy does not go far enough to contest China's faulty claims in the South China Sea. This article proposes specific issues that the revised U.S. policy should address.

Brief Of War Powers Scholars As Amici Curiae In Support Of Petitioner - Torres V Texas Dps, Frank Rosenblatt

Journal Articles

Congress’ war powers are, and always have been, both great and vast. To say this is not to elide the fundamental principle of our constitutional system that the federal government is one of only limited, enumerated powers. In most respects, the federal government’s powers are indeed less capacious than the police powers enjoyed by the several states. But things are different when it comes to war. War is what made, and remade, the Nation. Without the ability to wage war effectively, the Nation could not endure.

Ensuring The Right Of The Child In The Boko Haram Insurgency: The Province Of Unicef’S Complementary Mandate Under International Law, Olusola Babatunde Adegbite

Indonesian Journal of International Law

The need to manage conflict-related humanitarian conditions is the basis of intervention by international humanitarian organizations. Chief amongst these agencies is the United Nations International Children’s Emergency Fund (UNICEF), whose work is primarily about protecting children in armed conflicts. This agency has maintained a robust response to the humanitarian crisis in the Boko Haram insurgency, though its effort has not been without controversies. In 2018, it was suspended by the Nigerian Military on the allegation that it was working for the enemy side, an action which attracted widespread condemnation, as it was seen as an attempt by the government to …

Allan Brooke, Ii, Gerald B. Tjoflat

Special Collections

A discussion with Judge Tjoflat regarding the formative experience of clerking.

A Double Take On Debt: Reparations Claims And Regimes Of Visibility In A Politics Of Refusal, Vasuki Nesiah

Osgoode Hall Law Journal

This article proposes that the concept of “odious debt” provides an especially fruitful legal framework for the Haitian and Caribbean Community (CARICOM) demands for reparations and debt severance. The concept renders visible different dimensions of the background economic order that have been constitutive of postcolonial sovereignty, and the histories of trade and aid that have engendered debt. In analyzing the work of different regimes of visibility, I have found it useful to think with Abderrahmane Sissako’s 2006 film Bamako, and the world of Wakanda in Ryan Coogler’s Black Panther (2018)—two films that work through the stakes of visibility, recognition, and …

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …

The History Wars And Property Law: Conquest And Slavery As Foundational To The Field, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in facilitating the production of the two preeminent market commodities in the colonial and early Republic periods: expropriated lands and enslaved people. Though conquest and enslavement were key to producing property for centuries, property-law scholars have constructed the field of property law to be largely …

Emergency Bylaws: An Underutilized Tool For Corporate Operation During An Emergency, Grace Myers

William & Mary Business Law Review

Emergency bylaws are an underutilized tool for corporate governance whose importance has been highlighted by COVID-19. Emergency bylaws can be included within corporations’ bylaws and only operate during an “emergency” as defined by state statutes. These provisions usually give boards more agency to act during an emergency through mechanisms such as looser quorum and notice requirements. These provisions will be increasingly important during future pandemics, wars, and global warming. However, few corporations have these bylaws, and the current hodgepodge of state statutes hinders their adoption. The current state of emergency bylaws regulation and implementation raises some questions about shareholder rights …

Searching For Truth In The First Amendment's True Threat Doctrine, Renee Griffin

Michigan Law Review

Threats of violence, even when not actually carried out, can inflict real damage. As such, state and federal laws criminalize threats in a wide range of circumstances. But threats are also speech, and free speech is broadly protected by the First Amendment. The criminalization of threats is nonetheless possible because of Supreme Court precedents denying First Amendment protection to “true threats.” Yet a crucial question remains unanswered: What counts as a true threat?

This Note examines courts’ attempts to answer this question and identifies the many ambiguities that have resulted from those attempts. In particular, this piece highlights three frontiers …

Control, Allegiance, And Shame In Male Qing Dynasty Hairstyles, Carolle Pinkerton

Dissertations, Theses, and Capstone Projects

This thesis is about the politicization of hairstyles in imperial China. They indicated conformity with social norms, or rebellion against them. This was especially true under the country’s last dynasty. The Manchu conquerors imposed their own hairstyle, the queue, on their Han Chinese subjects to make their rule palpable to China’s illiterate millions. “Hair martyrs” who refused to accept this “barbarous” hairstyle were ruthlessly eliminated. The Manchus had feared assimilation into the much larger Han population. But the introduction of one uniform male hair style for both Manchus and Han blurred the lines between the two groups. In this way …

Threat And Emotions: Mobilizing And Attitudinal Outcomes Of A Ballistic Missile Scare, Kelly Bergstrand, Christopher Robertson

Faculty Scholarship

This study examines the false ballistic missile alert that occurred in Hawaii in 2018, which presented a unique opportunity for assessing the civic and mobilizing outcomes of a threat. In the days that followed the scare, we conducted an online experiment to investigate its effects on willingness to engage in activism and concerns about broader issues. Our results show that emotions serve as an important mechanism for channeling threat experiences into concern about specific causes. Those most emotionally affected by the missile scare in Hawaii thought it more important to engage in activities to control the spread of nuclear weapons, …

Disinformation On Trial: Fighting Foreign Disinformation By Empowering The Victims, Ari B. Rubin

Cardozo Law Review

Foreign disinformation catapulted into the national spotlight with the 2016 presidential election, but its impact is not confined to the electoral map or season. This Article addresses the threat of foreign disinformation by proposing a new statute: a private right of action, enabling harmed persons to directly sue state or private actors, foreign or domestic, who knowingly or recklessly spread disinformation from abroad. Scholars and policymakers have proposed other, far-flung solutions ranging from greater online security to outright censorship. Each of those ideas stumbles on common challenges and lacks a valuable ingredient: an interested party, directly harmed by the foreign …

Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple

Georgia Journal of International & Comparative Law

No abstract provided.

Old And New Peace Agreements, Gregory H. Fox

Seton Hall Law Review

No abstract provided.

The Game Theory Of The European Union Versus The Pax Romana, Uri Weiss, Joseph Agassi

DePaul Law Review

No abstract provided.

Colonial Fault Lines: First Nations Autonomy And Indigenous Lands In The Time Of Covid-19, Alexandra Flynn, Signa Daum Shanks

All Faculty Publications

The COVID-19 crisis has exposed the political and economic fault lines in the exercise of power across multiple jurisdictions. This article focuses on the power of First Nations to make enforceable decisions in respect to reserve lands, specifically the powers First Nations have to enforce public health restrictions during the pandemic. We argue that Canadian law both enables First Nations to assert decisionmaking in respect to their lands, and undermines Indigenous authority in relation to enforcement and intergovernmental status. This paper is part of the SPE Theme on the Political Economy of COVID-19.

Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental, & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are …

Revengence Taken: Russian Active Measures And Our Entrenched Racial Divide, Erin Berhan

University of Miami Race & Social Justice Law Review

Our racial divide has always been a national security threat. An early observer of our American project, Alexis de Tocqueville, wrote about this threat to our future union in “Democracy in America,” learned by merely travelling the young nation thirty years before our Civil War.1 Despite generations of societal and legal evolution, our nation has not overcome the wounds and disabilities that our racial divide left behind — now ripe for modern security threats. In 2019, the United States Senate Select Committee on Intelligence released Volume II of their years long investigation into Russian Active Measures of interference with our …

The International Adjudication Of Mega-Politics, Karen J. Alter, Mikael Rask Madsen

Law and Contemporary Problems

No abstract provided.

Planning And Orders Production (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

Planning and Orders Production (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 5-0, This publication supersedes chapters 4, 8-10, and 14-15 and Appendices A-D of FM 6-0 dated May 5, 2014

Russia’S 2020 Constitutional Amendments And The Entrenchment Of The Moscow Patriarchate As A Lever Of Foreign Policy Soft Power, Robert C. Blitt

Book Chapters

Much has been written about the Kremlin’s embrace of the Russian Orthodox Church—Moscow Patriarchate (ROC) as a lever of soft power for advancing Russia’s foreign policy. Based on the substance of the constitutional amendments ratified in July 2020, this chapter reasons that the church-state partnership is poised to grow stronger and more entrenched in the coming years.

After briefly highlighting the energizing effect several key constitutional amendments are likely to have on existing Kremlin foreign policy objectives, this chapter offers an assessment of the ROC’s central role in disseminating and advocating these newly minted constitutional norms across its international platforms …

How Should Inheritance Law Remediate Inequality?, Felix B. Chang

Faculty Articles and Other Publications

This Essay argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of children to move beyond the economic station of their parents—above all other goals. The field’s traditional emphasis on testamentary freedom fosters the stickiness of inequality. For wealthy settlors, dynasty trusts sequester assets from the nation’s system of taxation and stream of commerce. For low-income decedents, intestacy splinters property rights and inhibits their transfer, especially to nontraditional heirs.

Holistically, this Essay argues that T&E should promote mean regression of the wealth distribution curve over time. This can be accomplished by loosening spending in ultrawealthy households and …

Afghanistan On A Global Stage: The End Of Armed Conflict And Congress’S Constitutional Powers, Emmie Phillips

Loyola University Chicago Law Journal

On August 15, 2021, the Taliban took control of Kabul, ending their weeks-long takeover of Afghanistan. Distraught by the quick offensive, United States forces and their allies quickly secured the Kabul airport and were forced to accelerate their planned withdrawal from the country in a makeshift manner. Afghan civilians, particularly those who had supported the efforts of U.S. forces, desperately attempted to get out of the country. The chaotic and disorganized withdrawal was not well received, both in the United States and internationally.

Prior to the Taliban takeover, President Joe Biden had ordered the U.S. withdrawal, with an expected end …

Russia’S 2020 Constitutional Amendments And The Entrenchment Of The Moscow Patriarchate As A Lever Of Foreign Policy Soft Power, Robert C. Blitt

Scholarly Works

Much has been written about the Kremlin’s embrace of the Russian Orthodox Church—Moscow Patriarchate (ROC) as a lever of soft power for advancing Russia’s foreign policy. Based on the substance of the constitutional amendments ratified in July 2020, this chapter reasons that the church-state partnership is poised to grow stronger and more entrenched in the coming years.

After briefly highlighting the energizing effect several key constitutional amendments are likely to have on existing Kremlin foreign policy objectives, this chapter offers an assessment of the ROC’s central role in disseminating and advocating these newly minted constitutional norms across its international platforms …

President Of The United States, Destroyer Of Worlds: Considering Congress's Authority To Enact A Nuclear No-First-Use Law, John Ramming Chappell

American University National Security Law Brief

This article argues that Congress can exercise its constitutional war powers to enact a law restricting the President from using nuclear weapons first. The article contends that using a nuclear weapon is qualitatively different from conventional warfare and that the first use of nuclear weapons marks a decision to enter into war. Therefore, nuclear first use is not a battlefield decision within the President’s commander in chief power but rather a choice to enter the United States into a new type of conflict that could pose a direct, immediate, and existential threat to the U.S. homeland. Regulating that decision falls …