Digital Commons Network^™

Legal Liability For Corporations Doing Business In The West Bank: An Analysis Of Corporate Liability And A Shareholder Proposal Solution For Mitigating Risky Business Activity, Mila Kelly

William & Mary Business Law Review

For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law violations, global businesses have not shied away from the profitability of this region. This engagement in corporate activity within any disputed territory comes with its fair share of business risk, including legal liability for complicity in purported human rights violations.

This Note will examine the hypothetical liability for corporations doing business in the West Bank and explain how international law and the …

Alkaline Hydrolysis, Victoria J. Haneman

ACTEC Law Journal

Hollywood has developed its own villainous death disposition trope that is often a link in a nefarious narrative chain—disposition of human remains through some form of chemical dissolution. Spanning decades and genre, popular cinema and television have warmly embraced liquification of the dead, including but not limited to The Wizard of Oz, House on Haunted Hill, Thief, Who Framed Roger Rabbit, Point of No Return, Palmetto, Walker, Texas Ranger, NCIS, Bones, The Wire, Breaking Bad, Dexter, Blacklist, Homeland, Elementary, 10 Cloverfield Lane, Ozark, Rick and Morty. The specifics vary dramatically from one work of fiction to the next but the …

Propaganda Warfare On The International Criminal Court, Sara L. Ochs

Michigan Journal of International Law

Propaganda warfare, while novel in nomenclature, is far from new in practice. In an era dominated by constant news, battles for public opinion complement physical attacks. In fact, “winning modern wars is as much dependent on carrying domestic and international public opinion as it is on defeating the enemy on the battlefield.” The fight for public opinion has become so valuable to military initiatives that the U.S. Department of Defense Law of War Manual specifically recognizes propaganda directed towards “civilian or neutral audiences” as a “permissible means of war.”

Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe

Chicago Journal of International Law

In their Lead Essay for the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.” This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …

The Limits Of International Law Fifteen Years Later, Jack L. Goldsmith, Eric A. Posner

Chicago Journal of International Law

The Limits of International Law received a great deal of criticism when it was published in 2005, but it has aged well. The skeptical, social-scientific methodology that it recommended has become a normal mode of international law scholarship. And the dominant idealistic view of international law that the book criticized is today in shambles, unable to explain the turmoil in international politics. This Essay reflects on the book’s reception and corrects common misperceptions of its arguments

Selective Justice: A Crisis Of Missing And Murdered Alaska Native Women, Megan Mallonee

Alaska Law Review

Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska Native women. This Note examines the roots of the crisis and calls for a holistic response that acknowledges the role of colonialism, Indigenous genocide, and governmental failures. While this Note focuses on the epidemic of violence against Alaska Native women in particular, it seeks to provide solutions that …

The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne

Master's Theses

In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …

The Gun Rights Movement And 'Arms' Under The Second Amendment, Eric M. Ruben

Faculty Journal Articles and Book Chapters

After Donald Trump supporters breached the U.S. Capitol on January 6 wielding weapons including tasers, chemical sprays, knives, police batons, and baseball bats, Sen. Ron Johnson (R-WI) remarked that the insurrection “didn’t seem . . . armed.” Johnson, who is A-rated by the National Rifle Association (NRA), observed, “When you hear the word ‘armed,’ don’t you think of firearms?” For many, the answer is likely yes.

This essay describes how the gun rights movement has contributed to the conflation of arms and firearms. In doing so, it shows how that conflation is flatly inconsistent with the most important legal context …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Governing The Unknown: How The Development Of Intellectual Property Law In Space Will Shape The Next Great Era Of Exploration, Exploitation, And Invention, Lauren Peterson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Professor Howard S. Levie: In Memoriam, Yoram Dinstein

International Law Studies

Professor Howard S. Levie: In Memoriam

Legal Advisers In The Field During Armed Conflict, Yoram Dinstein

International Law Studies

Additional Protocol I to the Geneva Conventions of 1949 requires that legal advisers be made available to military commanders, particularly during hostilities. This treaty stipulation was quite innovative in 1977, but it has achieved widespread implementation, even among non-Contracting Parties. It is noteworthy that the United States—which objects to numerous provisions of Additional Protocol I—does not dissent from the article requiring legal advisers. A study of the practice of States, made by the International Committee of the Red Cross, confirms that the norm requiring that legal advisers be made available to advise military commanders in time of armed conflict currently …

Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson

Fordham Law Review Online

No abstract provided.

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - 2021-2024

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu

International Law Studies

Notwithstanding their absence in the formal structures of power, women have engaged actively with disarmament for over a century. Their activism has been rich and complex. It is, however, not a history that is generally familiar to those outside the world of feminist activism and scholarship. This article tells the story of feminist activism and scholarship and how women have sought to overcome exclusion, marginalization, and silencing in both policy and law in pursuit of what the author describes as a transformative disarmament agenda. It is concerned not only with women’s political activism and the struggle for equal participation in …

Bivens In The End Zone: The Court Punts To Congress To Make The Right (Of Action) Play, Gilbert Paul Carrasco

University of Miami Race & Social Justice Law Review

No abstract provided.

Challenges Of Leadership In The Twenty-First Century, Leon Panetta

Journal of Legislation

No abstract provided.

Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle

Washington Journal of Environmental Law & Policy

To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …

Jdn 2-19: Hitting The Target But Missing The Mark, Ann Mezzell, J. Wesley Hutto

The US Army War College Quarterly: Parameters

Predoctrinal deliberations about the employment of the US armed forces, captured in Joint Doctrine Notes, remain critically understudied. Using comparative text analysis, this article identifies changes in recent Joint Doctrine Note depictions of military strategy. These changes risk distorting the logic of military strategy, sacrificing means-ends integration to organizational impulse, and raising the prospect of future shortfalls in US strategic effectiveness.

The Coercive Logic Of Militant Drone Use, Austin C. Doctor, James I. Walsh

The US Army War College Quarterly: Parameters

While unmanned aerial systems can serve as a force multiplier for militants, these systems do not embody a transformation in modern insurgent warfare or enable militants to engage regularly in strategic coercion. Instead, drone use is consistent with a militant group’s relative capabilities and broader strategic objectives. Consequently, these groups are likely to employ drones primarily for theater and tactical military purposes.

Toward Successful Coin: Shining Path’S Decline, Darren Colby

The US Army War College Quarterly: Parameters

The rapid decline of the Peruvian left-wing insurgent organization Sendero Luminoso was not only the result of the arrest of its leader. An analysis of the precipitous weakening of the organization using two social movement theories finds other factors were involved in the demise of the organization as well. These factors—participatory politics, support for the military among the rural population, and alienation of the population by Sendero Luminoso—provide insights to effective counterinsurgency tactics.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Summer 2021, Usawc Press

The US Army War College Quarterly: Parameters

The US Army War College Quarterly, Parameters, is a refereed forum for contemporary strategy and Landpower issues. It furthers the education and professional development of senior military officers and members of government and academia concerned with national security affairs.

Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane

The US Army War College Quarterly: Parameters

Army General Matthew Ridgway’s actions throughout his career provide a valuable example of the appropriate time and place for serious dissent by military leaders. Ridgway demonstrated the importance of selectively and pragmatically expressing open disagreement in response to operational decisions a military leader deems unnecessarily risk American lives and economic resources

Greater Security Cooperation: Us Allies In Europe And East Asia, Tongfi Kim, Luis Simón

The US Army War College Quarterly: Parameters

Growing Sino-Russian coordination necessitates greater security cooperation between US Allies in Europe and East Asia. US Allies in both regions face remarkably similar threats requiring similar operational concepts, capabilities, and technologies. Further, these Allies must hedge against the specter of US abandonment. An exploration of the links between the two geographically distant US Alliance networks illustrates the Allies’ perspectives on US extended deterrence and highlights opportunities to devise better policies for cooperation.

Coin Doctrine Is Wrong, M. Chris Mason

The US Army War College Quarterly: Parameters

Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.

Integrated Planning And Campaigning For Complex Problems, Robert S. Ehlers Jr., Patrick Blannin

The US Army War College Quarterly: Parameters

Shortfalls and inefficiencies in traditional planning and campaigning have become increasingly clear in the current hyperconnected security environment. US military planners can mitigate these deficiencies by embracing integrated planning and campaigning approaches including the development of new organizational structures and processes. These improvements will give senior leaders increased options as the US military and US Allies and partners address complex problems with better effect and to greater advantage.

Decreasing Unintentional War: Governance Considerations For Regulating Lethal Autonomous Weapons Systems, Aiden Warren, Alek Hillas

Penn State Journal of Law & International Affairs (2012 - Present)

While the introduction of futuristic technologies will establish new options and precedents for state responses to security scenarios, there are important lessons to be drawn from prior crises. Beginning with a case study of newly sworn-in leaders during their first major foreign policy ‘test,’ this article envisions changes to such security scenarios with reference to the development of policies on Lethal Autonomous Weapons Systems (LAWS). Leadership perceptions and the politics of human versus machine error, or sharing accountability of fault by states, is considered in the context of a detailed thought experiment. The second section of the article identifies enhanced …

Reinterpreting The Reinterpretation: Collective Self-Defense As Constitutional Fidelity, C.D.A Evans, Aviel Menter

Penn State Journal of Law & International Affairs (2012 - Present)

As currently interpreted, Article 9 of the Japanese Constitution requires Japan’s Self-Defense Forces (JSDF) to operate in a purely defensive capacity. Recently, however, the United States has increasingly asked Japan to participate in joint military operations, in which Japanese forces would defend not only themselves, but also their American allies. This raises an important legal question: does Article 9 permit the JSDF engage in this kind of collective self-defense? Former Prime Minister Abe Shinzo believed so. After a government panel of legal experts found that collective self-defense was consistent with Article 9, the Abe administration adopted the panel’s conclusion. However, …