Digital Commons Network^™

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Lies, Gaslighting And Propaganda, G. Alex Sinha

Buffalo Law Review

No abstract provided.

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel

Journal of Law and Mobility

The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact.

This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many states …

Mission Command Of Multi-Domain Operations, Mark Balboni, John A. Bonin, Robert Mundell, Doug Orsi

Books, Monographs & Collaborative Studies

This research monograph explores the Army’s emerging concept of multi-domain operations and its implications on the mission command approach. The transition to multi-domain operations changes the traditional view of how Army commanders and staffs conduct operations in the physical environment to include simultaneously operations in the information environment within the competition continuum.

This monograph will utilize the introduction of the aircraft during World War I as a historical case study for the integration of new domains. The Army has integrated new domains in the past and this example provides the historical context for the challenges involving integration of new domains. …

Is Demilitarizing Military Justice An Ethical Imperative For Congress, The Courts, And The Commander-In-Chief?, Dan Maurer

Hofstra Law Review

This symposium introduction to ethics in military justice highlights that professional responsibility norms, expectations, and problems impact and imperial this discipline just as they do in any other criminal justice system. But in such a dizzyingly specialized criminal justice schema, the problems and perils of legal ethics and professional responsibility are both heightened and clouded by their seemingly difficult remoteness. Because the context of military justice implicates -- to various degrees -- national security, and not just individual cases and individual parties, special attention is owed in several critical areas. Political interference in military prosecutions has a long history, and …

Drones Have Arrived, With New Opportunities And Challenges: A Comparative Approach To Regulations Governing The Operations Of Unmanned Aerial Vehicles In The United States, Italy, Costa Rica, United Arab Emirates, Canada, Nicaragua, Spain, And Saudi Arabia, Jose M. Canaura

ILSA Journal of International & Comparative Law

No abstract provided.

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Insert Another Coin To Continue: How In-Game Benefits In Video Games Should Be Addressed By The Irs, Clay Alexander

The Business, Entrepreneurship & Tax Law Review

This article will look at the world of in-game benefits and address the tax implica-tions of various possible classifications. It will also put forward various concerns and possible solutions to the problem posed by this issue.

Aiding & Abetting: Holding States, Corporations, And Individuals Accountable For War Crimes In Yemen, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

Fears Of Tyranny: The Fine Line Between Presidential Authority Over Military Discipline And Unlawful Command Influence Through The Lens Of Military Legal History In The Era Of Bergdahl, Joshua Kastenberg

Hofstra Law Review

This article is divided into three sections, each with an analysis on the relationship between the commander in chief and military justice. Section I defines unlawful command influence and presents an overview of unlawful command influence prior to 1950 with an instance of presidential influence which would amount to the deprivation of the right to a fair trial. Section II of the article presents a legal history of three pre-Uniform Code of Military Justice (UCMJ) Court opinions for the purpose of showing the existence of judicially recognized constitutional restraints against commander in chief influence over courts-martial. These opinions present historic …

Black Parental Involvement In A Suburban School District, Walter L. Fields

Dissertations, Theses, and Capstone Projects

Since the historic decision of the United States Supreme Court in Brown v. Board of Education in 1954, Black parents in the United States have been in a continual search for public school districts in which their children would receive an education that would allow them to be productive citizens and economically self-sufficient. From the period of the Great Migration to present day, the movement of Blacks in America has been driven by a quest for opportunity. Black parents have made tremendous sacrifices in the hope of securing a good education for their children, including movement away from families, longtime …

A Policy Response To Islamic State Extremist Fighter Battlefield Migration, Robert J. Bunker Dr.

Books, Monographs & Collaborative Studies

June 2014 to December 2017 represented the high tide of radical Islamist (Salafi-jihadist) territorial control under the authority of the Islamic State in Iraq and Syria. This monograph analyzes and provides policy response options for US national security and Army planners concerning the potential for postterritorial caliphate battlefield migration by the sizable contingent of battle-hardened Islamic State foreign fighters situated within various enclaves in Syria and Iraq. The monograph achieves these ends by

• discussing Islamic State territorial eras and demographics;
• offering an overview of the initial inflows of these fighters into the territorial caliphate, outflows to the United States, and …

Cambridge Analytica's Black Box, Margaret Hu

Faculty Publications

The Cambridge Analytica–Facebook scandal led to widespread concern over the methods deployed by Cambridge Analytica to target voters through psychographic profiling algorithms, built upon Facebook user data. The scandal ultimately led to a record-breaking $5 billion penalty imposed upon Facebook by the Federal Trade Commission (FTC) in July 2019. The FTC action, however, has been criticized as failing to adequately address the privacy and other harms emanating from Facebook’s release of approximately 87 million Facebook users’ data, which was exploited without user authorization. This Essay summarizes the FTC’s response to the Cambridge Analytica–Facebook scandal. It concludes that the scandal focuses …

Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman

Libraries Faculty and Staff Presentations

Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …

A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas

Journal of Digital Forensics, Security and Law

This paper proposes a two-stage model for identifying and contextualizing features from artefacts created as a result of social networking activity. This technique can be useful in digital investigations and is based on understanding and the deconstruction of the processes that take place prior to, during and after user activity; this includes corroborating artefacts. Digital Investigations are becoming more complex due to factors such as, the volume of data to be examined; different data formats; a wide range of sources for digital evidence; the volatility of data and the limitations of some of the standard digital forensic tools. This paper …

Natural Rights, Positive Rights, And The Right To Keep And Bear Arms, Jud Campbell

Law and Contemporary Problems

No abstract provided.

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

The Us Army And The Pacific: Legacies And Challenges, David M. Finkelstein

The US Army War College Quarterly: Parameters

The Indo-Pacific will loom large in the future of the US Army. The region is increasingly important to myriad US national interests and is a major playing field for great-power competition. As it deepens its Pacific orientation, the Army has a rich institutional and operational legacy to draw upon, as well as encouraging recent initiatives that auger well for its ability to support the Joint Force in this critical part of the world.

Disintegrating The Enemy: The Pla’S Info-Messaging, Jacqueline N. Deal

The US Army War College Quarterly: Parameters

The DoD can exploit weaknesses in Chinese military attempts at political warfare, or “enemy disintegration,” most recently observed in PLA media on the subject of the pandemic. Targeted information efforts will signal the United States’ refusal to be intimidated, expose untruths in Chinese government messaging to its citizens, and reassure relevant third parties of US military resolve.

Technology And Strategic Surprise: Adapting To An Era Of Open Innovation, Audrey Kurth Cronin

The US Army War College Quarterly: Parameters

Technological revolutions affecting state power are either open or closed. The precursor to the digital age is not the twentieth century, with state-controlled programs yielding nuclear weapons, but the late nineteenth century, when tinkerers invented the radio, airplane, and high explosives—all crucial to subsequent wars. To avoid strategic surprise, the US government must take a broader view of how today’s open innovation is changing society and adapt.

Training Better Arab Armies, Michael J. Eisenstadt, Kenneth M. Pollack

The US Army War College Quarterly: Parameters

US security force assistance missions to Arab partner states have had limited success, due in part to a tendency to impose American doctrine, which embodies American cultural values and norms, on Arab armed forces. Accordingly, US security force assistance missions should train Arab partners to fight in a manner better suited to their own cultural preferences and operational requirements.

Enduring Information Vigilance: Government After Covid-19, Nina Jankowicz, Henry Collis

The US Army War College Quarterly: Parameters

The framework of Enduring Information Vigilance will help ally and partner governments deny advantages adversaries gain through their use of information operations in our new global perpetual information environment. This approach recognizes the persistent threat, unifies responses within and between governments, and resolves societal fissures toward a more global democratic information environment.

Parameters Autumn: 2020, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

The Covid-19 Enemy Is Still Advancing, Ryan J. Scott, Odelle J. Means, Patricia M. Shields

The US Army War College Quarterly: Parameters

The US military has a historical precedence for dealing with a pandemic while simultaneously conducting large-scale combat operations. Two twentieth-century examples assess the extent to which the military adapted operations following an influenza outbreak, and make clear military and civilian leaders must balance strategic objectives when facing threat multipliers such as COVID-19.

A Bizarre Pair: Counterinsurgency Lessons For Cyber Conflict, Jason Healey

The US Army War College Quarterly: Parameters

The lessons of counterinsurgency have deeper implications for cyber conflict than previous research has identified. Two decades of experience in Iraq and Afghanistan provide insights into the cyber strategy of defending forward including treating major cybersecurity and technology companies as host-nation partners and focusing on winning the hearts and minds of global netizens.

The Making Of Urban Applied Statistics With Four Of Juergensmeyer's Theoretical Insights, Wellington Migliari

Journal of Comparative Urban Law and Policy

The present article delves deeper into four academic contributions written by the emeritus professor Julian Conrad Juergensmeyer, Ben F. Johnson Jr. Chair in Law and Director, Center for the Comparative Study of Metropolitan Growth. Co-authoring relevant publications on spatial issues from different perspectives, we identify four valuable insights accumulated along four decades dedicated to industrial co-operation, planning costs, land use and infrastructure development. All of them combined can make what we denominate an urban developmental mind. It is a strategic sequence of ideas involving urban planning, economics and law as a complex yet inevitable amalgamation of knowledge for human development. …

Rise And Fall? The Rise And Fall Of Isis In Libya, Azeem Ibrahim

Books, Monographs & Collaborative Studies

This monograph places events in Libya since 2011 into their historical and social context and argues a form of radical Islamism, linked to long-standing national defiance of outside control, remains a factor even after the defeat of the Islamic State of Iraq and Syria (ISIS). This entrenched radicalism means extremist Islamist groups may still make a renewed bid for power until the current civil war is resolved. At the time of this writing, the military campaign by the Libyan National Army has stalled outside Tripoli. Now is the time for the United States and the wider international community to step …

Lies, Gaslighting And Propaganda, G. Alex Sinha

Hofstra Law Faculty Scholarship

It is commonplace to observe that digital technologies facilitate our access to information on a scale unimaginable in previous eras, leading many to call this the “Information Age.” The vaunted advantages of unprecedented data flow obscure a dark corollary: the more modes of engaging with data are available to a people, the more modes are available for manipulating them. Whether through social media, blogs, email, newspaper headlines, or doctored images and videos, the public is indeed bombarded by information, and much of it is misleading or outright false. Much of it, in fact, is propaganda. As the methods for manipulating …

Passport To Plastics: Cosmetic Surgery Tourism, Medical Malpractice, And The Automatic Establishment Of Personal Jurisdiction By Way Of The Joint Commission International, Elizabeth Astrup

Indiana Journal of Global Legal Studies

For centuries, tourists have visited lands near and far in search of experiences unavailable in their home countries. From golfing the best courses in the world, to yoga retreats in remote locations, many tourist activities provide experiential opportunities along with health and wellness benefits. Currently, an increasing number of individuals are opting to cross international borders to receive medical treatments, often at reduced costs. While many scholars use the term health tourism to encompass all health and wellness travel purposes, this note uses the term medical tourism to distinguish tourism for the specific purpose of medical treatments or procedures. Medical …

The Threat Of Terrorism To Power Grids: Effects Of Electromagnetic Pulses To The United States, Justin Van Dunk

Liberty University Journal of Statesmanship & Public Policy

Terrorism’s roots can be traced back to the French Revolution.[1] Since 1789 terrorism has adopted many faces and its reach stretches throughout the world. Amidst the difficulty of defining terrorism, the FBI has given us the following definition, “…the unlawful use of…violence against persons…to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” (Gaines & Miller, 2013, p. 539).[2] Bombing, hijacking, arson, assault, kidnapping, and hostage-taking are just a few of the attack tactics utilized throughout terrorist organization. However, with continuing advancements in technology nations need to consider …