Digital Commons Network^™

The Third Age Of Oil And Gas Law, James Coleman

Indiana Law Journal

History’s biggest oil boom is happening right now, in the United States, ushering in the third age of oil and gas law. The first age of oil and gas law also began in the United States a century ago when landowners and oil companies developed the oil and gas lease. The lease made the modern oil and gas industry possible and soon spread as the model for development around the world. In the second age of oil and gas law, landowners and nations across the globe developed new legal agreements that improved upon the lease and won these resource owners …

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …

Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The Australian National Audit Office (ANAO) evaluates the management and financial performance of Australian government programs for the Australian Parliament, Australian government agencies, Australian taxpayers, and individuals interested in the performance of these programs globally. This article examines how ANAO has examined the performance of Australian Army programs and strengths and weaknesses found in these programs while recommending changes to improve program performance. It also examines how government agencies and corporations which have been the subject of ANAO analyses have reacted to ANAO findings. This assessment also examines how Plan B (the possibility that Australia might have to rely less …

Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals

Senior Honors Theses

This thesis’s foremost purpose is to illustrate the nature of the intellectual battle waged between Karl Marx and Adam Smith. A detailed summary of each philosopher’s respective ideology is given, as well as an explanation for how such ideologies arose. Furthermore, an illustration of how the writings of Marx and Smith impacted historical events is provided. Ultimately, this thesis seeks to explain the core differences between Marxism and the free market system, and why such differences exhibit a great need for the preservation of liberty.

Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah

William & Mary Journal of Race, Gender, and Social Justice

While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …

The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei

Washington International Law Journal

The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …

Economic Sanctions And Protection Of Fundamental Human Rights: A Review Of The Icj's Ruling On Alleged Violations Of The Iran-U.S. Treaty Of Amity, Seyed M.H. Razavi, Fateme Zeynodini

Washington International Law Journal

This article studies the unilateral regime of sanctions and their impact on two fundamental human rights: the right to food and the right to health. This article argues that international tribunals will set the level of obligation required to protect these human rights by observing the empirical correlation between economic sanctions and the deterioration of these rights in target states. By reviewing the elements that contribute to the strength of punitive economic measures, this article shows how sanctions have a greater impact on a population. This article concludes that the more powerful the economic sanctions, the higher the level of …

Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz

University of Cincinnati Law Review

This Article addresses a topic at the intersection of finance, agency, contract, and trust law: the pre-default duties of an indenture trustee for bondholders. The existing scholarship on indenture trustee duties focuses on the post-default scenario, when the indenture trustee is required to act as a prudent person in like circumstances on behalf of the bondholders. No prior scholarship addresses an indenture trustee’s pre-default duties. It is critical to try to define those duties because activist investors in the $42-trillion-plus bond market increasingly are making pre-default demands on indenture trustees, requiring them to know how to respond.

A Comprehensive Cybersecurity Policy For The United States Government According To Cyberattacks And Exploits In The 21st Century, Diana Hallisey

Honors Program Contracts

Adversaries launch cyberattacks or cyber-exploits with contrasting intentions and desired outcomes. A cyberattack is a malicious attempt by a state, third party, or individual to disrupt a computer’s network; whereas, a cyber-exploit is an action that uncovers and steals “confidential” information from a computer’s data. 1 Within this research paper, the main adversary of such cyberattacks and/or exploits will be the nation-state. The victims of these cyberattacks will range from multinational corporations, such as Sony, to nuclear programs in Iran. This essay will focus on four motivations behind such cyberattacks: (1) private sector hacking (the theft of intellectual property) (2) …

Enhanced Civil Rights In Home Rule Jurisdictions: Newly Emerging Uas/Drone Use Ordinances, Jennifer A. Brobst

West Virginia Law Review

No abstract provided.

Columbus's Legacy: Trafficking Of Native American Women In The 21st Century, Carly Gillespie

South Carolina Law Review

No abstract provided.

A Comparative Look At Nazi Plundered Art, Looted Antiquities, And Stolen Indigenous Objects, Marc Masurovsky

North Carolina Journal of International Law

No abstract provided.

Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich

University of Arkansas at Little Rock Law Review

No abstract provided.

Representing Veterans, Jennifer D. Oliva

SMU Law Review Forum

Federal law has long deprived American veterans of certain fundamental legal rights enjoyed by non-veterans and attributable to veteran sacrifice. Federal case law, for example, denies veterans the right to bring an action in tort against the federal government to vindicate in-service injuries. And the United States Code deprives veterans of their right to robust judicial oversight of Department of Veterans Affairs (VA) service-connected benefit decisions. This pair of due process deprivations is compounded by the federal statute that prohibits veterans from exercising the fundamental right to counsel during the initial stage of the VA claims process. This Article examines …

التنظیم القانوني للطائرات بدون طیار, آمنة سعید خلفان بن مران الظاھري

Private Law Theses

خلال الفترة الماضية تعددت استخدامات الطائرات بدون طيار، وقطعت دولة الإمارات العربیة المتحدة أشواطا ھائلة في عملية تطوير الطائرات بدون طيار واستخدامھا لأغراض متعددة. ومزامنة مع الاستخدام المتعاظم لھذه التكنولوجيا الحديثة والتوسع في استخدامھا في العديد من المجالات لجلب النفع وتحقیق الرفاھیة للمجتمع، تظھر أھمیة بیان التنظيم القانوني الطائرات بدون طیار، وتسليط الضوء على المسؤولية عن أفعال ھذه الطائرات وما قد تسببھ من أضرار لأفراد المجتمع على نطاق واسع سواء في أجسادھم أو في ممتلكاتھم وحریاتھم، وذلك بھدف تحقیق التوازن بین الاھتمام بالسلامة البدنية والحاجة إلى تحفيز الابتكار وتطوير ھذه التقنیات الحدیثة.

تناولت ھذه الدراسة مفھوم الطائرات بدون طيار وأنواعھا، …

Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer

University of Michigan Journal of Law Reform

There are tremendous disparities between high stakes original actions between states before the U.S. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the …

State Intent Under International Law, Stephen Townley

Cardozo International & Comparative Law Review

The question of legislative intent has long been a topic of intense scholarly focus in the United States. There has also been a recent uptick in discussion of executive branch intent with the filing of highprofile lawsuits predicated upon allegations of improper motives. However, there has been no corollary effort to unpack the concept of state intent at the international level, where it arises with respect to such varied questions as how to understand the scope of a state's consent, whether a state should be deemed to be negotiating in good faith, and whether a state has engaged in genocide. …

Israeli Perfidy In The Disputed Occupied Palestinian Territories (Opt), Daniel Benoliel, Yohai Edery

Cardozo International & Comparative Law Review

This article considers Israel's controversial capture of wanted Palestinians in the disputed Occupied Palestinian Territories ("OPT') by resort to perfidy while feigning civilian status. That is given that Israel's call of choice for perfidy revolves almost entirely around capture as opposed to injuring or killing which Israel justly rejects as unlawful. While the prohibition of perfidy is accepted as customary international law, its practical definition and application in the OPT remain unsettled.

The article first considers the differences between the conduct of hostilities and law enforcement paradigms governing the disputed OPT. In certain situations that arise in armed conflicts, it …

Corruption Abroad: From Conflict To Co-Operation: A Comparison Of French And American Law And Practice, Fred Einbinder

Cardozo International & Comparative Law Review

The article examines the divergent approaches of France and the United States in combating corporate foreign corruption, highlighting their shared commitment to addressing the issue but differing legal frameworks and practices. While the U.S. employs participatory, lawyer-led systems with tools like plea bargaining and whistleblowing, France's inquisitorial, state-centric model has historically resisted such practices. The enactment of Sapin 2 in France marks a shift toward integrating American-style anti-corruption mechanisms, such as the Convention Judiciaire d'Intérêt Public (CJIP), while preserving core principles of French criminal law. The analysis underscores the challenges and opportunities of cross-border enforcement and the evolving cooperation between …

Give Me Liberty, Or Give Me Breath: A Call For Economic Justice, Verónica C. Gonzales

Faculty Scholarship

In Part I of this essay I interpret this unique moment in history through a retelling of the folk story La Llorona in order to identify the monsters and ghosts of the past and the present. Domino Renee Perez describes her own critical reflection of La Llorona as reinforcing 'a valuable lesson about power and authority' because her family’s 'storytelling circle was more than simply an arbitrary setting; it was a safe place for them to create, however problematically, a world of words, where they faced the dangers and challenges of life, embodied by a woman, and survived.' The lore …

Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood

Independent Study Project (ISP) Collection

The digital domain is the emerging environment for which the internet and data connectivity exists. This new domain is challenging the traditional place for geopolitics to exist, and creating new challenges to international relations. The use of cyberweapons through direct cyberattacks, such as the possibility of an attack on the U.S. power grid, or misinformation campaigns, such as the one launched by Russia against the 2016 U.S. Presidential election, can expand the international threat landscape. While these new threats increase, states are widely not prepared to address the new challenges in the digital domain. This paper will use three primary …

Toxic Colonialism And Green Victimization Of Native Americans: An Examination Of The Genocidal Impacts Of Uranium Mining, Averi R. Fegadel

USF Tampa Graduate Theses and Dissertations

While the field of criminology has delved into environmental justice issues in Black communities through the exploration of urban exposure to toxins, it has failed to expand this research orientation to examine issues affecting peoples in different locations, which in the U.S. draws attention to the green victimization of Native Americans. In short, existing criminological research has largely ignored the social, economic, and environmental injustices experienced by Native Americans. This study addresses this research gap by exploring environmental justice issues as they relate to the ways toxic colonialism affects Native Americans. Specifically, this study confronts historic and current struggles endured …

The Metaphorical Bridge Between Law And Religion, John Witte Jr.

Pepperdine Law Review

This Article explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the Article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the Article explores the ample use of …

Smart Language: How To Address An Inherent Weakness Undermining The Implementation Of U.N. Sanctions On North Korea, Maiko Takeuchi

International Law Studies

Since 2006, the U.N. has adopted ten sanction resolutions against North Korea (The Democratic People’s Republic of Korea or DPRK) to date. While these sanctions appear comprehensive, the DPRK is still advancing its nuclear and ballistic missile programs and continuing relevant procurement, according to the U.N. 1874 Panel of Experts, which monitors the implementation of these sanctions. There are constant discussions on how to improve the U.N. Member States’ implementation of the resolutions. However, the shortcomings of the language of the resolutions often is overlooked and should be examined, as these shortcomings frustrate effective implementation by U.N. Member States. After …

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley

Washington and Lee Law Review

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley

Faculty Publications

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …

Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Barack Obama attempted to recalibrate presidential rhetoric on the terror threat. He made far fewer speeches about terrorism than George W. Bush did. Yet, despite some efforts to the contrary, he continued many of Bush’s policies—and in the case of targeted assassinations using drones (unmanned aerial vehicles), went further than Bush. The analysis of Obama’s rhetoric on terrorism shows a president who both wants to distance himself from his predecessor and one who wants to be seen as tough on terrorism. In the final analysis, Obama’s rhetoric and policies hewed rather closely to George W. Bush’s. This chapter raises questions …

George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.

Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo

Cleveland State Law Review

On April 11, 2018, President Donald Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law, passed with bipartisan support, created a new federal offense that prohibits the use or operation of websites with the intent to "promote" or "facilitate" prostitution, expanded existing liability for federal sex trafficking offenses, and amended Section 230 of the Communications Decency Act. Touted as the "most important law protecting Internet speech," section 230 provides broad protection for online intermediaries that host or republish speech. It immunizes online intermediaries from liability for the things that third-party users …

A Revised Revisionist Position In The Law Of Nations Debate, David M. Howard

Duke Journal of Constitutional Law & Public Policy

One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer—the modern position with Dean Harold Koh and Professor Carlos Vasquez to the revisionist position with Professors Curtis Bradley and Jack Goldsmith. The U.S. Supreme Court has declined to answer this question while acknowledging the importance of its impact on U.S. law. The latest case before the Supreme Court—Jesner v. Arab Bank—touched upon this debate once again, and …