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Civil Affairs Operations, United States Army

United States Army: Field Manuals

Civil Affairs Operations, United States Army Field Manual FM 3-57

Clashing Canons And The Contract Clause, T. Leigh Anenson, Jennifer K. Gershberg

University of Michigan Journal of Law Reform

This Article is the first in-depth examination of substantive canons that judges use to interpret public pension legislation under the Contract Clause of the U.S. Constitution and state constitutions. The resolution of constitutional controversies concerning pension reform will have a profound influence on government employment. The assessment begins with a general discussion of these interpretive techniques before turning to their operation in public pension litigation. It concentrates on three clashing canons: the remedial (purpose) canon, the “no contract” canon (otherwise known as the unmistakability doctrine), and the constitutional avoidance canon. For these three canons routinely employed in pension law, there …

Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone

American University International Law Review

No abstract provided.

Self-Defense To Cyber Force: Combatting The Notion Of ‘Scale And Effect', Thomas Eaton

American University International Law Review

No abstract provided.

Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner

American University International Law Review

No abstract provided.

Martial Misconduct And Weak Defenses: A History Repeating Itself (Except When It Doesn’T), 54 Uic L. Rev. 867 (2021), Dan Maurer

UIC Law Review

No abstract provided.

Keeping Score: Dodd-Frank Section 953(B) Reporting Ten Years Later, 53 Uic J. Marshall L. Rev. 495 (2021), Karl Muth

UIC Law Review

No abstract provided.

The Nexus Of Law And Warfare In The Twenty-First Century, 53 Uic J. Marshall L. Rev. 513 (2021), Waseem Ahmad Qureshi

UIC Law Review

No abstract provided.

Hate Speech On Social Media: Content Moderation In Context, Richard A. Wilson, Molly Land

Connecticut Law Review

For all practical purposes, the policy of social media companies to suppress hate speech on their platforms means that the longstanding debate in the United States about whether to limit hate speech in the public square has been resolved in favor of vigorous regulation. Nonetheless, revisiting these debates provides insights essential for developing more empirically-based and narrowly tailored policies regarding online hate.

First, a central issue in the hate speech debate is the extent to which hate speech contributes to violence. Those in favor of more robust regulation claim a connection to violence, while others dismiss these arguments as tenuous. …

Federalism In The Algorithmic Age, Chad Squitieri

Scholarly Articles

The robots will not be pleased with Frank Pasquale. In New Laws of Robotics, the Brooklyn Law professor outlines two possible futures that can emerge from a growing conflict between human and robotic thought. The first is a future of robotic dominance. In that future, decisions traditionally made by human professionals (e.g., who goes to jail, what medicines are prescribed, and what news gets published) are decided by robots powered by artificially intelligent algorithms. The second future offers robots a less-favored role in the ordering of human affairs. Pasquale earns the displeasure of our would-be robotic overlords by outlining the …

Leveraging Domestic Law Against Cyberattacks, Justin Malzac

American University National Security Law Brief

No abstract provided.

Statebuilding In The Peace Agreements Of Sudan And South Sudan, Gene Carolan

Articles

This article presents a retrospective analysis of the principal peace agreements to emanate from the North–South conflict in Sudan and the civil war in South Sudan. In doing so, it argues that statebuilding practices dating back to the inception of the Sudanese state continue to inform and undermine contemporary efforts to resolve the conflicts in both countries. The article makes a unique contribution by linking the legacy of peace agreements in Sudan and South Sudan to the crises of governance that plague both countries today. In doing so, it seeks to further the discussion on statebuilding as part of a …

The Populist Challenge And The Future Of The United Nations Security Council, Jeremy Farrall

Maryland Journal of International Law

No abstract provided.

National Security Decision-Making In The Age Of Technology: Delivering Outcomes On Time And On Target, Gary Corn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Tenants Without Rights: Immigrants’ Experiences In The U.S. Low-Income Housing Market, Mekonnen Firew Ayano

Journal Articles

Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their situations highlight the disconnect between tenant rights law and the deleterious conditions of informal residential tenancies. Tenant rights law confers a variety of rights and remedies to a residential tenant if the renter has exclusive possession of the premises. If the renter lacks exclusive possession, courts typically characterize the …

The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli

UC Law SF International Law Review

Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …

From The Spectacular To The Everyday: International Law, Violence And The Agenda For Women, Peace And Security, Christine M. Chinkin

Book Chapters

This article looks at the conceptions of violence within WPS and thus within these diverse international legal regimes as they relate to women and girls. It first examines the regulation of inter-state violence, both legal recourse to the use of force and constraints upon the means and methods of warfare. It then outlines how state obligations to prevent and punish violence against women were brought into human rights law in the early 1990s, primarily by the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee). The WPS resolutions are then summarised, focusing on provisions for the prevention of …

“Ok Google” Play The National Anthem: Arms Control And Eminent Domain To Maintain America’S Technological Advantage, Major Johnathan J. Rudy

Journal of Law, Technology, & the Internet

The country that first controls and dominates emerging technologies such as artificial intelligence and quantum computing will have the power to re-shape the world to their benefit. The US federal government has historically been the source of breakthroughs in technology and science, but Silicon Valley now controls much of the technology development needed for future defense and weapons systems. Driven by profit, the private sector has been more open to dealing new technologies to foreign adversaries while the US national security apparatus has a vested interest in ensuring powerful new technologies remain unattainable to countries that may wish harm to …

Don Quixote Or Darth Vader? President Trump's Views On International Humanitarian Law, 20 Wash. U. Global Stud. L. Rev. 45 (2021), Stuart Ford

UIC Law Open Access Faculty Scholarship

This Article explores President Trump's views on international humanitarian law (IHL) - the body of rules that regulates the conduct of parties involved in an armed conflict. His beliefs are unlike those of any modern President. He has repeatedly called for actions that everyone, including his own administration, agree constitute war crimes. For example, he has called for the U.S. to torture its enemies, has threatened to kill the family members of enemy combatants, has praised the execution of prisoners by U.S. soldiers, has threatened to attack cultural heritage sites in Iran, and has said he wants to pillage Syria's …

Reforming The Office Of Legal Counsel, Barry Sullivan

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott

Scholarly Publications

No abstract provided.

Constitutional Law—Narrowly Reading Law Enforcement Activity Exception To Privacy Act In Favor Of Privacy Rights—Garris V. Fbi, 937 F.3d 1284 (9th Cir. 2019), Megan Ryan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Tales Of Economic Warfare: The Plunder Of Venezuela, Dr. Mohsen Al Attar, Alexander Reay

Indian Journal of International Economic Law

In most treatises, International Economic Law (IEL) is presented as a neutral set of doctrines, principles, and rules. Actors may compete against one another and vie for economic success, but the rules are indifferent towards the outcome. It is this notion of an apolitical IEL that we challenge throughout this article. Using a case study of Venezuela, we illustrate how the rules of the international economic order are leveraged by the UK, the EU, and the United States to engineer preferred political outcomes. We examine three interconnected assaults perpetrated against Venezuela by the English Courts, the United States, and

the …

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Transitional Justice As Communication: Why Truth Commissions And International Criminal Tribunals Need To Persuade And Inform Citizens And Leaders, And How They Can, Jamie O'Connell

South Carolina Law Review

No abstract provided.

What U.S. Law Reformers Can Learn From Germany's Value-Explicit Approach To Self-Defense, T. Markus Funk

South Carolina Law Review

No abstract provided.

Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …

Got Hemp? A Call For A Hemp Checkoff, Mitchum A. Whitaker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Will Harmful Interference Bring Gps Down?, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito

Michigan Journal of Race and Law

Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the …