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Parameters Spring 2020: Full Issue, Usawc Parameters May 2020

Parameters Spring 2020: Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Summer 2020: Full Issue, Usawc Parameters May 2020

Parameters Summer 2020: Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Military Ethics Below The Threshold Of War, C. Anthony Pfaff May 2020

Military Ethics Below The Threshold Of War, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor In Chief, Antulio J. Echevarria Ii May 2020

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


The Battle For Oil: Fighting Through Corruption & Changing Socio-Economic Landscapes To Win Over Africa’S Biggest Giants, Modupe Adamolekun May 2020

The Battle For Oil: Fighting Through Corruption & Changing Socio-Economic Landscapes To Win Over Africa’S Biggest Giants, Modupe Adamolekun

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria May 2020

Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria

American Indian Law Journal

No abstract provided.


P2p Lending Can Increase Capital To Capitally Starved Indian Country, Craig Nichols May 2020

P2p Lending Can Increase Capital To Capitally Starved Indian Country, Craig Nichols

American Indian Law Journal

No abstract provided.


When Laws Govern Laws: A Review Of The 2018 Discussions Of The Group Of Governmental Experts On The Implementation And Regulation Of Lethal Autonomous Weapons Systems, Mitchell, Caitlin May 2020

When Laws Govern Laws: A Review Of The 2018 Discussions Of The Group Of Governmental Experts On The Implementation And Regulation Of Lethal Autonomous Weapons Systems, Mitchell, Caitlin

Santa Clara High Technology Law Journal

WHEN LAWS GOVERN LAWS: A REVIEW OF THE 2018 DISCUSSIONS OF THE GROUP OF GOVERNMENTAL EXPERTS ON THE IMPLEMENTATION AND REGULATION OF LETHAL AUTONOMOUS WEAPONS SYSTEMS


Regulatory Transgression? Drivers, Aims And Effects Of Money Laundering And Terrorism Financing Regulation In Pakistan, Ahmed Sanaa May 2020

Regulatory Transgression? Drivers, Aims And Effects Of Money Laundering And Terrorism Financing Regulation In Pakistan, Ahmed Sanaa

PhD Dissertations

The harmonization of money laundering and terrorism financing regulation is a key feature of the contemporary global economy. Since 9/11 particularly, the remarkable growth of this field of regulation has been characterized by both scale and intensity. However, this drive towards regulatory convergence is puzzling: the efficacy of the regulation remains unproven while the content of the regulation poses significant challenges to both criminal justice systems and human rights frameworks. The corollary to these observations: who does the regulation benefit? With the understanding that all regulation is an expression of some interest/s, this study analyses the trajectory of this global …


Motivated Reasoning, Post-Truth, And Election Law, Guy-Uriel E. Charles May 2020

Motivated Reasoning, Post-Truth, And Election Law, Guy-Uriel E. Charles

Saint Louis University Law Journal

No abstract provided.


Truth, Democracy, And The Limits Of Law, Daniel P. Tokaji May 2020

Truth, Democracy, And The Limits Of Law, Daniel P. Tokaji

Saint Louis University Law Journal

No abstract provided.


Trade And Security Among The Ruins, J. Benton Heath May 2020

Trade And Security Among The Ruins, J. Benton Heath

Duke Journal of Comparative & International Law

The collision of trade and security interests is taking place today in an increasingly fragmented landscape. Governments’ conceptions of their own vital interests are undergoing a rapid transformation as the concept of “national security” expands to encompass issues such as national industrial policy, cybersecurity, and responses to climate change and pandemic disease. At the same time, the system for settling trade disputes is being pulled apart by competing tendencies toward legalism and deformalization. Last year, a landmark decision suggested that international adjudicators could oversee this clash between security and trade, deciding which security interests can override trade rules and which …


International Humanitarian Law And The Targeting Of Non-State Intelligence Personnel And Objects, Michael N. Schmitt May 2020

International Humanitarian Law And The Targeting Of Non-State Intelligence Personnel And Objects, Michael N. Schmitt

Duke Journal of Comparative & International Law

This Article examines the targetability of individuals and organizations performing intelligence functions for a non-State group involved in an armed conflict. Specifically, it considers the circumstances under which they lose the international humanitarian law (IHL) protections from, and during, attacks that they would otherwise enjoy as civilians. To do so, the piece deconstructs IHL’s “organized armed group” construct to determine when an intelligence organization can be characterized as a component thereof. Noting that some non-State groups consist of both entities involved in the hostilities and organizations having no relationship to them, the Article introduces the concept of a non-State group’s …


Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group, Talia Shiff May 2020

Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group, Talia Shiff

University of Michigan Journal of Law Reform

The Immigration and Nationality Act (INA) defines a refugee as any person who has a “well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group or political opinion.” An emerging issue in U.S. asylum law is how to define the category “membership of a particular social group.” This question has become ever-more pressing in light of the fact that the majority of migrants seeking asylum at the U.S.-Mexico border are claiming persecution on account of their “membership in a particular social group.” The INA does not define the meaning of “particular social group” and …


Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, Jaedon A. Foreman May 2020

Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, Jaedon A. Foreman

Honors Thesis

Leaving World War I and heading into World War II the United States Navy had to prepare for an unforeseen future on the open seas. After the attack on Pearl Harbor the United States was thrust into World War II and needed an effective amphibious landing doctrine to be able to counter adversary advances. This thesis covers the evolution of landing doctrine from the beginning to the end of World War II while highlighting the impacts that Operations Torch, Husky, Shingle, and Overlord had on the Navy's landing doctrine after the war.


From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark May 2020

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …


The Extended Corporate Mind: When Corporations Use Ai To Break The Law, Mihailis E. Diamantis May 2020

The Extended Corporate Mind: When Corporations Use Ai To Break The Law, Mihailis E. Diamantis

North Carolina Law Review

No abstract provided.


Retroactive Justice: Toward Fundamental Fairness In Resentencing Crack Cocaine Offenders Under Section 404 Of The First Step Act, Daniel P. Peyton May 2020

Retroactive Justice: Toward Fundamental Fairness In Resentencing Crack Cocaine Offenders Under Section 404 Of The First Step Act, Daniel P. Peyton

University of Richmond Law Review

In analyzing these four methods, this Comment argues that Method IV best serves fundamental fairness in sentencing, in congruence with the purpose of the First Step Act. To resolve its arbitrary implementation, section 404 must be amended to require a full plenary resentencing in accordance with all updated sentencing guidelines and caselaw in effect at the time of the resentencing. This was the approach taken by the court in resentencing Mr. Rhines to time served. While the Supreme Court could rule Method IV is the correct interpretation of the statute, Congress is the more appropriate actor and should capitalize on …


Fascism And Monopoly, Daniel A. Crane May 2020

Fascism And Monopoly, Daniel A. Crane

Michigan Law Review

The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Branch, this Article assesses the historical …


The Language Of International Human Rights Law As A Foundation For The Prevention, And Peaceful Resolution Of Ethnic, And Political Conflicts In Bolivia, Yuri Mantilla Apr 2020

The Language Of International Human Rights Law As A Foundation For The Prevention, And Peaceful Resolution Of Ethnic, And Political Conflicts In Bolivia, Yuri Mantilla

Pace International Law Review

Since the Spanish conquest of the New World, the systematic dehumanization of indigenous communities has been part of a culture of economic exploitation and ethnic discrimination against indigenous peoples such as the Aymara, Quechua, and Guarani. In Bolivia, indigenous people successfully resisted the efforts to undermine their cultural identities. As a result, Bolivia is one of the most indigenous countries in the world and its indigenous cultures are one of its greatest assets. Despite this reality, indigenous people have been marginalized and discriminated against in a country that has embraced ethnic stereotypes regarding the supposed “superiority” of people of Spanish …


Pig Iron To Wrought Iron: Lake Oswego's Transformation From Iron Smelting To The Privatization Of Oswego Lake, Mathew K. Ragsdale Apr 2020

Pig Iron To Wrought Iron: Lake Oswego's Transformation From Iron Smelting To The Privatization Of Oswego Lake, Mathew K. Ragsdale

Young Historians Conference

The paper focuses on the interaction between Oregon's public trust doctrine, city ordinances, and private interests surrounding access to Oswego Lake. Areas of study include the early development of Lake Oswego with its prominence in the Oregon iron industry, and its transition from industrial town to weekend retreat to affluent suburb between the late 1800s and mid 1900s. The Lake Oswego Corporation has claimed power over all aspects of the lake, a notion disputed by Oregon's strong public trust doctrine. The city, whose duty is to all residents, has used the lake as a public asset while restricting access to …


Ben Meir V. Prime Minister, Esther Hayut, Hanan Melcer, Noam Sohlberg Apr 2020

Ben Meir V. Prime Minister, Esther Hayut, Hanan Melcer, Noam Sohlberg

Translated Opinions

The petitions in this case challenged the Government’s decision of March 31, 2020 to authorize the Israel Security Agency (hereinafter: ISA), by virtue of sec. 7(b)(6) of the Israel Security Agency Law, 5762-2002 (hereinafter the ISA Law), to collect, process and use “technological information” regarding persons who had tested positive for the novel coronavirus (hereinafter: the virus), as well as persons who came into close contact with them (hereinafter: the Enabling Decision). The Journalists Union further asked that the journalists in the State of Israel be exempted from the application of the Enabling Decision, due to the fear of infringement …


Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis Apr 2020

Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis

Louisiana Law Review

The article discusses the issues on the choice of law and jurisdiction in tortious or contractual events involving binary terrestrial/aquatic oil and gas drilling operations in the U.S.' Outer Continental Shelf (OCS) and the provisions of the Outer Shelf Lands Act (OCSLA).


Autonomous Systems And The Meaning Of Humanity, David Danks, Noreen Herzfeld, Amy Pritchett, Matthias Scheutz Apr 2020

Autonomous Systems And The Meaning Of Humanity, David Danks, Noreen Herzfeld, Amy Pritchett, Matthias Scheutz

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

No abstract provided.


Autonomous Systems & Domestic Security, David Atkinson, Douglas Burig, Marc Canellas, Alan Wagner Apr 2020

Autonomous Systems & Domestic Security, David Atkinson, Douglas Burig, Marc Canellas, Alan Wagner

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

No abstract provided.


Autonomous Systems & International Norms, Charles Dunlap, Richard Jordan, Elsa Kania, Michael Klare Apr 2020

Autonomous Systems & International Norms, Charles Dunlap, Richard Jordan, Elsa Kania, Michael Klare

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

No abstract provided.


Autonomous Systems & The Ethics Of Conflict, Micah Clark, Claire Finkelstein, Oren Gross Apr 2020

Autonomous Systems & The Ethics Of Conflict, Micah Clark, Claire Finkelstein, Oren Gross

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

No abstract provided.


Autonomous Systems &Emerging Technology, William Casebeer, Kevin Chan, Brian David Johnson, Patrick Mcdaniel Apr 2020

Autonomous Systems &Emerging Technology, William Casebeer, Kevin Chan, Brian David Johnson, Patrick Mcdaniel

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

No abstract provided.


Lessons From Game Theory About Humanizing Next-Generation Weapons, Richard Jordan Apr 2020

Lessons From Game Theory About Humanizing Next-Generation Weapons, Richard Jordan

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

This article draws a parallel between nuclear weapons and the next generation of military technology, autonomous systems. It outlines some legal and ethical dilemmas the latter pose, and in particular aspects of the technology that make it dehumanizing. Autonomous systems share all of these attributes with nuclear weapons. This fact should be encouraging, because the dehumanizing effects of nuclear systems have been overcome. Drawing on the evolution of nuclear strategy and the nuclear taboo, I argue that, in negotiating the legal and ethical dilemmas posed by autonomous weapons systems, the role of international law and of normative entrepreneurs will be …


Clan Mothers And Founding Fathers: The Impact Of The Iroquois Confederacy On American Constitutionalism, Kayla Sargent Apr 2020

Clan Mothers And Founding Fathers: The Impact Of The Iroquois Confederacy On American Constitutionalism, Kayla Sargent

Senior Honors Theses

The American Constitutional tradition was influenced by many different sources, such as Scripture, English Common Law, and the governmental structure of ancient Greece and Rome. However, many Constitutional scholars often fail to realize that the Founding Fathers looked beyond Europe for inspiration. One source to which they may have turned was the Iroquois Great Law of Peace. The Great Law of Peace was the first constitution in North America, potentially as early as 1450, and passed down via oral tradition until it was written down in the 1880s. The Great Law of Peace brought together the Seneca, Onondaga, Oneida, Mohawk, …