Digital Commons Network^™

Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu

Duquesne Law Review

Technology is so much more than a prosthetic. But how much more? And what else is it? In the legal realm, its role is not yet clear. Such a lack of elucidation becomes problematic, especially when technology has the ability to convert assumptions into facts, and it takes on a truth-making, rather than a mere truth-revealing mission. This Article argues that it is problematic to enable technology to stand in for reflective thinking, and calls attention to the fact that evidentiary rules enable technology to decide what can be proven, ergo what truth is.

Biometrics And An Ai Bill Of Rights, Margaret Hu

Duquesne Law Review

This Article contends that an informed discussion on an Al Bill of Rights requires grappling with biometric data collection and its integration into emerging Al systems. Biometric Al systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these …

Better Than Bullets: Ethiopia Is Committing War Crimes By Starving Civilian Populations In The Ethiopian Civil War, Jordan Luber

American University International Law Review

Abiy Ahmed is the prime minister of Ethiopia. He has been starving seven million people of a lone ethnic group in Ethiopia for over a year. He is a Nobel Peace Prize laureate and a war criminal.

He won a Nobel Peace Prize for allying with a dictator who oversees slavery and locks dissidents in shipping containers in the desert. He took power promising an unprecedented age of progress, then a year later, changed his mind and began to massacre protestors. He launched a civil war with a barrage from armed drones. He manufactured a famine by destroying food supplies, …

Operations, United States Army

United States Army: Field Manuals

Operations, United States Army Field Manual FM 3-0

Commander And Staff Organization And Operations, United States Army

United States Army: Field Manuals

Commander and Staff Organization and Operations, United States Army Field Manual FM 6-0

Short-Range Air Defense Operations, United States Army

United States Army: Field Manuals

Short-Range Air Defense Operations, United States Army Field Manual FM 3-01.44

The Federal Response To Covid-19: Lessons From The Pandemic, Nancy J. Knauer

UC Law Journal

When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of pages. The George W. Bush administration spearheaded national pandemic planning in 2005 as part of the post-September 11 efforts to modernize the country’s disaster response capabilities. Subsequent administrations revisited and revised the various pandemic plans, including the Trump administration as recently as 2017 and 2018.

Despite these detailed plans, the Trump administration was slow to respond to the emerging public health crisis or implement any of …

Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact: Speaker Biographies, Cuslj

Canada-United States Law Journal

No abstract provided.

Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker

The International Lawyer

No abstract provided.

Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du

Emory International Law Review

No abstract provided.

Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski

Loyola University Chicago International Law Review

Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.

Hugo Grotius And The Concept Of Grotian Moments In International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Innate Property: The Danger Of Incongruency Between Law And The Biological And Behavioral Roots Of Property And Possessiveness, Aaron Schwabach

Cardozo Law Review de•novo

Property law is, in some areas, dangerously out of step with property expectations. Property—the idea that a place, object, or idea can belong to a person—is at the root of the world’s economies and thus also at the root of much of its laws. Property is neither solely a creature of positive law, nor of some abstract natural law with a moral underpinning, but rather may be biologically determined, much as Noam Chomsky proposed for languages in Aspects of the Theory of Syntax.1 The idea that ownership is at least behaviorally, and perhaps to some extent instinctively, determined has been …

Delphi Study Of International Cybersecurity Norms, Kenneth J. Biskner

Walden Dissertations and Doctoral Studies

Unregulated state cyberattacks are an urgent threat to international peace and security because of the costs they impose and the devastating effects they can create. However, international norms governing state cyberattacks (international cybersecurity norms) have not yet emerged. The lack of meaningful consequences for state cyberattacks, and the high rewards derived from them, incentivize states to engage in this new form of hostile conduct (cyberconflict). The problem addressed in this modified Delphi study was the persistent struggle between authoritarian and democratic states over competing international cybersecurity norms that cause cyberconflict to remain unregulated. Kingdon’s multiple streams framework was used as …

Caliphs, Jinns, And Sufi Shrines: The Protection Of Cultural Heritage And Cultural Rights Under Islamic Law, Eleni Polymenopoulou

Emory International Law Review

This Article examines the position of the Islamic legal tradition on arts and cultural heritage, including its pitfalls, and argues that a better understanding of Muslim state practice is needed to enhance the protection of cultural rights in the Muslim world. This can further facilitate collaboration between Muslim states and inter-governmental bodies working in the field of culture; implement better accountability mechanisms under international criminal law, as well as; to contribute to the fight against terrorism. In addition, the author submits that Islamic law is not necessarily an appropriate platform to enhance cultural rights and cultural heritage in the Muslim …

The Use And Abuse Of Domestic National Security Detention, Nicole Hallett

Seattle University Law Review

Are people convicted of terrorism-related offenses so dangerous that we must bend the Constitution to keep the public safe? Or should we treat them like people who commit other crimes—by prosecuting, convicting, sentencing, and then releasing them after they have served their criminal sentences? Can we trust the government to use the power to detain people without criminal charge without abusing it? The case of Adham Amin Hassoun raises these questions. Prosecuted after 9/11 for providing support to Muslims abroad in the 1990s, and sentenced under the United States’ expansive material support laws, Hassoun avoided a life sentence only to …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Anatomy Of An Internet Hijack And Interception Attack: A Global And Educational Perspective, Ben A. Scott, Michael N. Johnstone, Patryk Szewczyk

Annual ADFSL Conference on Digital Forensics, Security and Law

The Internet’s underlying vulnerable protocol infrastructure is a rich target for cyber crime, cyber espionage and cyber warfare operations. The stability and security of the Internet infrastructure are important to the function of global matters of state, critical infrastructure, global e-commerce and election systems. There are global approaches to tackle Internet security challenges that include governance, law, educational and technical perspectives. This paper reviews a number of approaches to these challenges, the increasingly surgical attacks that target the underlying vulnerable protocol infrastructure of the Internet, and the extant cyber security education curricula; we find the majority of predominant cyber security …

Amtrak: The Failure Of Passenger Preference And Politics Of Nonenforcement, David J. Konarske

Loyola University Chicago Law Journal

America's modern passenger rail system was born from a bargain between the federal government and the private railroad industry: The government would relieve the private railroads of their responsibility to provide passenger rail services, and in exchange, those companies would give preference to passenger-carrying Amtrak trains on their tracks. This was codified in federal statute. Yet, almost fifty years later, this preference is unenforced, Amtrak trains are routinely sidelined in favor of freight trains, and Amtrak struggles with on-time performance and financial sustainability. Even modest improvements in the percentage of passenger trains arriving on time would result in substantial savings …

Torture, Ethics, Accountability?, David R. Katner

Loyola University Chicago Law Journal

Torture--including waterboarding--has been banned under international and domestic law in the United States dating back to World War II when the U.S. sought to hold Japanese interrogators accountable for waterboarding American prisoners of war. Following the 9/11 attacks on the World Trade Center and the Pentagon, the Bush administration sought legal justification from White House counsel to detain and initiate interrogation practices long considered to constitute acts of torture. After legal memos were drafted, psychologists and physicians along with nurses and other medical professionals engaged in waterboarding and other forms of abusive interrogation often resulting in no reliable intelligence from …

The Arctic As Emerging Geopolitical Flashpoint Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Robert Huebert, Byers Byers, Martin La Cour-Andersen, Rebecca Pincus Jonathan Quinn

Canada-United States Law Journal

No abstract provided.

“Labor For Love, Labor To Heal:” Human Rights Activism As A Politics Of Refusal, Angela E. Fillingim

Societies Without Borders

The literature on social movements centers demands made on the state and theorizes collective action as rooted in specific times and the nation-state. I ague that this literature is analogous to “the veil,” a concept developed by W.E.B. Du Bois. Indigenous theorizations of a “politics of refusal” provides us with a foundation see beyond the veil. This paper brings together “Du Boisian Sociology,” Latina Feminisms, and indigenous theories of collective action to develop a robust theorization of human rights activism, and social movements more broadly. This paper asks: What can we gain from analyzing movements from beyond the veil by …

Race To Property: Racial Distortions Of Property Law, 1634 To Today, Bethany Berger

Faculty Articles and Papers

Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same processes elevated nationalized property transactions over other rights; and gained new tactics after the end of slavery through the early twentieth century, when the pursuit of racial hierarchy expanded private owners' rights to exclude and tied occupation of physical space to status. The influence of …

The Law Of Space Cyber Operations: Gripping Mysteries, Entangled Frontiers, And Security Challenges, Roy Balleste

Journal of Law, Technology, & the Internet

The developments of technologies applicable to cyberspace and outer space offer new opportunities. Each nation, institution, and individual must be involved in the security of cyberspace in order to secure outer space activities, while reinforcing the legitimacy of that commercial process. The stories that follow consider the intersection of outer space law and cybersecurity, describing vulnerabilities and the limitations of implementing international norms. The article assesses the cyberthreat landscape while offering recommendations. The article's subsequent sections are organized as follows: Part II, The Cruel Sky, considers a historical mystery to better understand the contradictory world of cyber operations. Along the …

Twenty-First Annual International Advocate For Peace Award, Honoring William Ury, Samuel Ditchek, Alexandra Sandler, William Ury

Cardozo Journal of Conflict Resolution

On March 11, 2022, the Cardozo Journal of Conflict Resolution presented the twenty-first annual International Advocate for Peace Award to William Ury. The following is a transcript of the event's speeches.

Transactional Clinical Support For Mutual Aid Groups: Toward A Theory Of Transactional Movement Lawyering, Michael Haber

Faculty Scholarship

No abstract provided.

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

University of Colorado Law Review

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …

Domsetic Terrorism: Not Actually A Crime, But Desperately In Need Of A Federal Response, Rebecca K. Tucker

Lewis & Clark Law Review

Since the founding of the United States, the U.S. Government has dealt with national security threats, both external and internal. While there are federal laws in place to protect the nation against external actors, these instruments cannot be turned directly inward to address the rising threat of domestic terrorism. This Comment explains the issues with that approach and concludes by proposing specific solutions, focusing on the need for a coordinated response from the agencies and departments tasked with the investigation, intelligence, and prevention of domestic violent extremism and terrorism.

South Africa’S Reformed Investment Regime As A Model For Developing Countries, John Mayer

Lewis & Clark Law Review

Beginning in 2012, South Africa decided to unilaterally terminate many Bilateral Investment Treaties (BITs) with European countries—this represented a departure from the 1990s, where South Africa, like many other developing countries, entered into BITs with wealthy, capital-exporting states in the hopes of attracting foreign direct investment. In 2015, South Africa enacted, in place of the BITs, the Protection of Investment Act, designed to protect foreign investors while also providing the state more freedom to regulate in the public interest. This Comment analyzes the history of South Africa’s BIT policy, and argues that South Africa has suffered minimally, if at all, …