Digital Commons Network^™

Annie Get Your Gun: The Constitution, Women, And Involuntary Service In Combat, Charles J. Dunlap Jr.

Duke Journal of Gender Law & Policy

No abstract provided.

What Were You Thinking: Discovering Your Moral Philosophy Using The Forensic Approach, Richard Mcconnell, Evan Westgate

The International Journal of Ethical Leadership

No abstract provided.

The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, Eric Talbot Jensen

International Law Studies

One of the most intriguing and important discussions in international law is the potential impact of emerging technologies on the law of armed conflict (LOAC), including weapons that incorporate machine learning and/or artificial intelligence. Because one of the likely characteristics of these advanced weapons would be the ability to make decisions implicating life and death on the battlefield, these discussions have highlighted a fundamental question concerning the LOAC: Does the law regulating armed conflict require human input in selecting and engaging targets or can that decision be made without human input? This article analyzes views expressed by scholars and NGOs, …

Artificial Intelligence And The Problem Of Autonomy, Simon Chesterman

Notre Dame Journal on Emerging Technologies

Artificial intelligence (AI) systems are routinely said to operate autonomously, exposing gaps in regulatory regimes that assume the centrality of human actors. Yet surprisingly little attention is given to precisely what is meant by “autonomy” and its relationship to those gaps. Driverless vehicles and autonomous weapon systems are the most widely studied examples, but related issues arise in algorithms that allocate resources or determine eligibility for programs in the private or public sector. This article develops a novel typology of autonomy that distinguishes three discrete regulatory challenges posed by AI systems: the practical difficulties of managing risk associated with new …

Game Over? How Video Game Console Makers Are Speeding Toward An Antitrust Violation, Clayton Alexander

The Business, Entrepreneurship & Tax Law Review

There has been a recent trend in the video game industry that console makers (Sony, Microsoft, and Nintendo) have been acquiring video game developers to make games solely for their console. With a surge of acquisitions, these three console makers have rapidly increased their market share of the console video game industry. But in doing so, have they started to run afoul of antitrust law? Do these three console makers now have enough market power to exert control over the video game industry like a monopoly? This article seeks to answer these questions, while also suggesting several steps that console …

The Big Box Versus The Mom & Pop Shop: The Beauty Of The (Data Privacy) Bills Are In The Eye Of The Beholder, Alexander R. Migliorini

Journal of International Business and Law

No abstract provided.

Are Publicly Traded Corporations Disappearing?, Margaret M. Blair

Cornell Law Review

Corporate law scholars and economists have expressed concern recently about the fact that the number of publicly traded corporations in the United States has declined significantly since a peak in the late 1990s. In this Essay, in honor of the late Professor Lynn Stout, who devoted much of her career to the study of large publicly traded corporations, I show that despite a decline in the number of such corporations in the last two decades, they collectively account for about the same share of total economic activity as they have for the last six decades. While there has been turnover …

Privacy As Safety, A. Michael Froomkin, Zak Colangelo

Washington Law Review

The idea that privacy makes you safer is unjustly neglected: public officials emphasize the dangers of privacy while contemporary privacy theorists acknowledge that privacy may have safety implications but hardly dwell on the point. We argue that this lack of emphasis is a substantive and strategic error and seek to rectify it. This refocusing is particularly timely given the proliferation of new and invasive technologies for the home and for consumer use more generally, not to mention surveillance technologies such as so-called smart cities.

Indeed, we argue—perhaps for the first time in modern conversations about privacy—that in many cases privacy …

Your Natural Gas Is Not Cyber-Secure: A Two-Fold Case For Why Voluntary Natural Gas Pipeline Cybersecurity Guidelines Should Become Mandatory Regulations Overseen By The Department Of Energy, Madeline A. Labovitz

North Carolina Journal of Law & Technology

In the past two decades, the United States has increased the production and use of natural gas to fuel every day American life. This increase has resulted in the construction of millions of miles of natural gas pipelines. While this development has produced a number of benefits, natural gas pipelines have introduced the threat of cyberattacks on natural gas infrastructure. This substantial threat is currently managed by voluntary guidelines promulgated by the Transportation Security Administration (“TSA”). While the private industry is satisfied to maintain the status quo and leave these threats essentially self-regulated, voluntary guidelines are not sufficient to defend …

Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea

William & Mary Law Review

President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation. Trump has called the press “the ... enemy of the [American] people,” encouraged a climate of hatred toward journalists at his rallies, refused to condemn Saudi Arabia for the brutal killing of reporter Jamal Khashoggi, and accused the media of writing “fake news.” The public’s trust in the institutional press has simultaneously diminished. Combined with the continuing economic challenges journalists face, the press is certainly facing some difficult times.

Nevertheless, things are not as dire as they …

The Conspiracy Theory Handbook, Stephan Lewandowsky, John Cook

Copyright, Fair Use, Scholarly Communication, etc.

Conspiracy theories attempt to explain events as the secretive plots of powerful people. While conspiracy theories are not typically supported by evidence, this doesn’t stop them from blossoming. Conspiracy theories damage society in a number of ways. To help minimize these harmful effects, The Conspiracy Theory Handbook, by Stephan Lewandowsky and John Cook, explains why conspiracy theories are so popular, how to identify the traits of conspiratorial thinking, and what are effective response strategies.

The Handbook distills the most important research findings and expert advice on dealing with conspiracy theories. It also introduces the abbreviation CONSPIR which serves as a …

The International Law Of Rabble Rousing, Asaf Lubin, Hendrick Townley

Articles by Maurer Faculty

This Essay offers an account of rabble-rousing, a novel information warfare operation worthy of its own classification, and explores the extent to which contemporary international law and available technologies are capable of addressing the threat that this tactic poses to public world order.

This Essay proceeds as follows. Part I provides a definition of rabblerousing strategies, highlighting the ways by which they are uniquely defined from other forms of information warfare. It then proceeds to highlight the dangers associated with the practice.

Part II moves to examine whether rabble-rousing can be recognized as an internationally wrongful act under the traditional …

Featured Speaker, Home Rule And Drone Ordinances: Reviewing The Intersection Of Drones And Privacy Rights And How States And Localities Are More Willing To Address The Issue Than The Federal Government, Jennifer Brobst

West Virginia Law Review Events

No abstract provided.

Opioids Are The New Black, Courtney Lauren Anderson

DePaul Law Review

The crack epidemic swept through the black community in the United States in the early 1980s. Despite the increasing use of powder cocaine in metropolitan areas and suburbs, the “crackheads” giving birth to “crack babies” were subject to narratives that portrayed black drug users as a threat to others, which was to be contained rather than treated. The Anti-Drug Abuse Act of 1986 created stricter penalties for users. The mandatory minimums disproportionately incarcerated African Americans and adversely impacted a number of urban neighborhoods. The psychology driving the mandate to incarcerate African American, impoverished drug addicts relied on tales of gang …

Talking Foreign Policy, Radio Broadcasts Sept. 25, 2014, Jan. 29 And Sept. 4, 2015, Feb. 5 And Oct. 7, 2016

The International Journal of Ethical Leadership

No abstract provided.

My Country, Right Or Wrong: If The Cause Is Just, Is Anything Allowed?, David Whetham

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy, Talking Foreign Policy Radio Broadcasts: Sept. 6, 2013 And Jan. 31, 2014

The International Journal of Ethical Leadership

No abstract provided.

The International Criminal Court At Ten, William A. Schabas

The International Journal of Ethical Leadership

No abstract provided.

Transnational Feminism And The Body Of The Image In Democratic Republic Of Congo, Laura Hengehold

The International Journal of Ethical Leadership

No abstract provided.

The Definition Of Terrorism, Duncan Gaswaga

The International Journal of Ethical Leadership

No abstract provided.

Cybersecurity And Patent Law - Let's Work Together, Vignesh Ramachandran

Intellectual Property Brief

No abstract provided.

The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt

University of Miami Law Review

The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to the …

Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon

University of Miami Law Review

The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …

Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley

Georgia Journal of International & Comparative Law

No abstract provided.

Nonstate Actors And Anti-Access/Area Denial Strategies: The Coming Challenge, Jean-Loup Samaan Dr.

Books, Monographs & Collaborative Studies

This monograph explores the emerging challenge of nonstate actors’ anti-access and area denial (A2/AD) strategies and their implications for the United States and its allies by looking at two regions, the Middle East and Eastern Europe, with case studies such as Hezbollah in Lebanon, Hamas in the Gaza Strip, the Houthis in Yemen, and separatist groups in Ukraine. The historical monopoly of states over precision-guided munitions has eroded, and this evolution eventually challenges the ability of the most advanced militaries to operate in specific environments. As they gain greater access to advanced military technology, some nonstate actors increasingly lean toward …

Proxy Discrimination: The Misuse Of Government Actors As Proxies To Racially Discriminate Against People Of Color, William Y. Chin

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez

University of Miami International and Comparative Law Review

“With the right to bear arms come a great responsibility to use caution and common sense on handgun purchases.” – Ronald Reagan

The left will say we need more gun control, the right will say it is our constitutional right to bear arms. Is one truly better than the other? Does the answer lie simply in gun education? This note will scrutinize the history of the Second Amendment to the United States Constitution as it relates to gun rights, gun laws, and gun violence. Next, this note will compare those rights, laws, and statistics to that of Switzerland. Switzerland’s gun …

The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan

Santa Clara High Technology Law Journal

THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN HARD AND SOFT COUNTERTERRORISM EFFORTS ON SOCIAL MEDIA

February 1, 2020: David Brooks And The 4 Narratives, Bruce Ledewitz

Hallowed Secularism

Blog post, “David Brooks and the 4 Narratives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 1, 2020: David Brooks And The 4 Narratives, Bruce Ledewitz

Hallowed Secularism

Blog post, “David Brooks and the 4 Narratives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.