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Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …

The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo

International Law Studies

This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …

Sabotage By Cabotage: The Jones Act’S Attack On U.S. Energy, Kyle Mason

The Journal of Business, Entrepreneurship & the Law

This article will explore the ramifications that the Jones Act has on those other crucial areas of the U.S. economy, specifically looking at the U.S. energy market and analyzing how the Jones Act’s interplay with the domestic energy transportation market has been affected. Because of the substantial burden the Jones Act places on the shipping of natural resources, the U.S. energy market has been hindered, as this law continues to adversely impact both U.S. consumers and energy industry development in general. Given the U.S.’s renewed interest in development of an independent energy market, it is time to revise or repeal …

The Art Of Occupation : Crime And Governance In American-Controlled Germany, 1944–1949, Thomas J. Kehoe

Ohio University Press Open Access Books

The literature describing social conditions during the post–World War II Allied occupation of Germany has been divided between seemingly irreconcilable assertions of prolonged criminal chaos and narratives of strict martial rule that precluded crime. In The Art of Occupation, Thomas J. Kehoe takes a different view on this history, addressing this divergence through an extensive, interdisciplinary analysis of the interaction between military government and social order.

Focusing on the American Zone and using previously unexamined American and German military reports, court records, and case files, Kehoe assesses crime rates and the psychology surrounding criminality. He thereby offers the first comprehensive …

#Reclaimingmytime: Black Women And Femme Movement Actors’ Experiences With Intra-Movement Conflicts And The Case For A Transformative Healing Justice Model, Shaneda Destine Phd

Societies Without Borders

This research utilizes focus groups to evaluate the intra-movement conflicts and political praxis of Black women and femme movement actors in the United States as a case for implementing a Transformational Healing Justice Model (THJM). Black women and femmes are used in this study to explain the gender expressions, identities and sexual orientations presented in this study. This model expands the Consciousness Vision and Strategy Model (CVS) by incorporating the implications of the #Sayhername Policy Booklet, the Movement for Black Lives Platform (2016), and the United States Social Forum Healing Justice Report (2014) -- to outline how Black women and …

Diminishing Global Power, Downgrading Human Rights: Making Sense Of American Foreign Policy Under Donald Trump, Timothy M. Gill Phd

Societies Without Borders

Scholars have remained puzzled about the direction that President Donald Trump might take the U.S. at the global level. Throughout his campaign, Trump often articulated contradictory ideas concerning his foreign policy approach. Trump evidenced warmth towards authoritarian leaders in Eastern Europe, but condemned them in Latin America. The purpose of this paper is to make sense of Trump’s foreign policy approach, and its novelties and continuities, by putting his administration into comparative-historical focus alongside Bush II and Obama. I analyze their foreign policy approach by using Michael Mann’s IEMP model of power to draw out their distinctive qualities. Similar to …

Countering Pernicious Images: Memetic Visual Propaganda And The 2018 Elections, Andrew Moshirnia

Seton Hall Law Review

No abstract provided.

Sisters Of The Caliphate: Media And The Women Of Isis, Kathleen German, Rosemary Pennington

Journal of Vincentian Social Action

Women have long been viewed as the “weaker sex”–more peace-loving and passive than men. However, clashes in Sri Lanka and Northern Ireland have shown that women are both willing and able to participate in violent conflict (Alison, 2004; Cheldelin & Eliatamby, 2011). We will specifically examine the recruitment to and roles of women in the Islamic State through an examination of the scholarship on female fighters, in order to contextualize the women of ISIS. We conclude with a suggestion that scholars and others interested in the experience of women in conflict move away from overly simplistic framings which suggest women …

Disinformation As Warfare In The Digital Age: Dimensions, Dilemmas, And Solutions, Minna Aslama Horowitz

Journal of Vincentian Social Action

Disinformation as warfare in the digital age may not be so different than any other type of warfare; wars are fought for power, and some benefit economically while the vulnerable suffer the most. The vast majority of conflicts today are not fought by nation states and their armies; increasingly, they are fought not with conventional weapons but with words. A specific sort of weaponry—“fake news” and viral disinformation—has been at the center of policy discussions, public debates, and academic analyses in recent years. Everyone who is active on digital platforms can be responsible in the simplest of ways: not lashing …

Introduction: Wars, Conflicts, And The Marginalization Of Dissent, Tuija Parikka, Basilio G. Monteiro, Sejal Singh

Journal of Vincentian Social Action

Conflicts, wars, and crisis, unfortunately, abound, transform, and become metastasized in unexpected ways. The vast majority of armed conflicts today are not fought by nation states and their armies but rather informal entities, such as gangs and warlords using small arms, improvised weapons, and media technologies. Few, usually poor resource regions, get global attention, thus deprived of political will and economic resources needed to resolve the conflicts. As women and other minorities are becoming primary targets and suffering unprecedented casualties, they are profoundly affected by practices and cultures of warring, yet often remain voiceless in the global arena.This special issue …

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Journal of Vincentian Social Action

No abstract provided.

The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz

Northwestern Journal of Law & Social Policy

The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …

Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa

South Carolina Law Review

No abstract provided.

Assumptions About Terrorism And The Brandenburg Incitement Test, Christina E. Wells

Faculty Publications

The incitement standard announced in Brandenburg v. Ohio is one of the most familiar tests in the Supreme Court's jurisprudence. It prohibits government officials from punishing advocacy of illegal activity unless it is directed and likely to imminently incite such activity. Brandenburg's standard has become a pillar of free speech law, allowing government officials to protect public safety by punishing only speech intended and likely to create an imminent danger of harm, while protecting even the most abhorrent of speakers from suppression of their speech simply because government officials fear or dislike it. Terrorist advocacy, however, is putting pressure on …

The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca

Independent Study Project (ISP) Collection

Migration has always existed but has increased with globalization as societies are becoming more interconnected through different mediums, surging the larger scale of movement between borders and the increasing inequalities in wealth between nations. As transit countries, Mexico and Morocco function as nations seen receiving migrants in transit to their countries of destinations. Central American migrants and migrants from the South-of-the-Sahara are two prominent migrant populations in Mexico and Morocco for many years, but due to the increased political discourse, legislation, and increased enforcement at these border regions, these migrants find themselves remaining for extended periods or even settling permanently …

Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo

Cardozo International & Comparative Law Review

Former U.S. National Security Advisor John R. Bolton has announced that as an official Trump Administration national security policy, the USA will not support the International Criminal Court (ICC) and instead will work for its demise. At issue here is a concept of global justice versus insistence on US global hegemony and a Pax Americana. Here, the author argues against Bolton's position rejecting the legitimacy of international law and the ICC. Bolton 's appeal to a principle of consent must yield to a principle of salience, as defended by Ronald Dworkin; a concept ofjustice, as advocated by Amartya Sen; and …

Case Global: Cwru Law Students Document War Crimes In Yemen Conflict, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 11, No. 1 (2019)

• Special Report: Students Document War Crimes in Yemen Conflict
• Trade Law Q&A with Professor Colares
• Special Report: Advocating for Refugees from Cleveland to Burma
• Frederick K. Cox International Law Center Names New Director
• Foreign Concurrent Degree Program Leads to Elite Law Firm Employment
• CWRU Teams Triumph at International Moot Court Competitions…
• International Law Curriculum: Sequence to Success
• Dean Scharf Featured on United Nations Audiovisual Library of International Law 
• CWRU’s Talking Foreign Policy Radio Program Examines the Crisis in Yemen
• CWRU Expands its Reach in Asia
• Fulbright Scholar Professor Cover Teaches International Law in Kenya
• Law …

The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …

The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory V. Loo

Vanderbilt Law Review

An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history-large platforms such as Amazon, Facebook, and Google-have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by the privacy problems of excess collection from individuals, not businesses. There has been little sustained attention to the problem of insufficient information collection from businesses. This Article articulates the administrative state's normative framework for monitoring businesses and shows how that framework is increasingly in tension with privacy concerns. One emerging complication is …

Pregnant People?, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do — such as purchasing a car seat, finding a pediatrician, or choosing a daycare — as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their …

The Missing Regulatory State: Monitoring Businesses In An Age Of Surveillance, Rory Van Loo

Faculty Scholarship

An irony of the information age is that the companies responsible for the most extensive surveillance of individuals in history—large platforms such as Amazon, Facebook, and Google—have themselves remained unusually shielded from being monitored by government regulators. But the legal literature on state information acquisition is dominated by the privacy problems of excess collection from individuals, not businesses. There has been little sustained attention to the problem of insufficient information collection from businesses. This Article articulates the administrative state’s normative framework for monitoring businesses and shows how that framework is increasingly in tension with privacy concerns. One emerging complication is …

Curbing Hatred: The Ethnic Diehards' Agitations And 2015 Presidential Election Campaign In Nigeria, Abigail Odozi Ogwezzy-Ndisika, Babatunde Adeshina Faustino, Kelechi Okechukwu Amakoh

Journal of Hate Studies

Nigeria witnessed bouts of hate speeches during the buildup to the March 28, 2015 Presidential election. Politicians and their allies made use of acerbic words, half-truths and outright lies during their electioneering campaigns. The election was regarded as a ‘do-or-die’ affair by the politicians. Their activities were alarming and apprehensions were rife about the success of the election and peaceful transition of power. Hence, the two major contestants, Goodluck Jonathan and Muhammadu Buhari along with nine party leaders signed the ‘Abuja Accord’ on January 14, 2015.Furthermore, the country experienced a season of acerbic comments, issuance of quit notices and calls …

Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew

International Law Studies

The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When those …

“All Arabs Are Liars”: Arab And Muslim Stereotypes In Canadian Human Rights Law, Reem Bahdi

Journal of Law and Social Policy

Stereotypes exclude, stigmatize, and burden Arabs and Muslims in Canada. This article examines three prevailing Arab and Muslim stereotypes: the conviction that Arabs and Muslims have a culturally ordained propensity towards violence; the belief that, regardless of their citizenship status, Arabs and Muslims remain foreigners who threaten Western values and; the notion that Arabs and Muslims are dishonest. The analysis rests on the facts found and conclusions reached in nine claims filed by Arab or Muslim applicants before the British Columbia, Ontario, Quebec or Canadian human rights tribunals. The tribunal decisions reveal that the terrorist profile requires the other two …

Arming America's K-12 Teachers, The Second Amendment And The Gun-Free School Zones Act: A Public Policy Analysis, Joseph R. Uliano

Seton Hall University Dissertations and Theses (ETDs)

According to the Second Amendment of the United States Constitution, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed,” (U.S. Const. amend II), which is the absolute “right of the people.” The Bill of Rights further indicates, “Any right given to the people cannot be revoked by the government, limiting its power over the people.” However, educators and school administrators in most U.S. states must check this fundamental right at the door, as they are governed by their respective state governments …

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …

The Devil In Recent American Law, L. Joe Dunman

Pace Law Review

Despite its secular aspirations, the American legal system is permeated by Christian and other religious ideas. One of the religious ideas that frequently appears in recent American law is the devil—the unholy antithesis of all that is good in the world. Called by many names, such as Satan, Lucifer, or the Antichrist, the devil is no stranger to the United States court system. The devil arises from the hot depths primarily in five contexts: (1) as a source of injury to reputation in defamation cases; (2) as a prejudicial invocation made during criminal trials to secure conviction, harshen sentences, or …

Presidential War Powers And Humanitarian Intervention, Michael J. Sherman

Pace Law Review

Does the fact that Article I, Section 8 of the United States Constitution reserves to Congress the authority to “declare war” mean that the president needs congressional approval before using military force? As this Article discusses, there are a range of answers to this question. The Article examines this debate in the context of humanitarian intervention, i.e. military actions taken, not for purposes of conquest, but instead to stop largescale, serious violations of human rights. If the president wishes to use the military for these purposes, should he have more authority under the Constitution to do so? Less? The same? …

While They Waited: Pre-Obergefell Lives And The Law Of Nonmarriage, Michael J. Higdon

Scholarly Works

In the wake of Obergefell, the United States now has a large class of married, same-sex couples whose relationships began at a time when marriage was unavailable to them. The law must therefore wrestle with the question whether any portion of a pre-Obergefell relationship should count toward the length of the ensuing marriage — an important question given the number of marital benefits tied directly to this calculation. As courts and legislators alike wrestle with this difficult question, they will need to examine how these couples ordered their relationships during a time when “nonmarriage” was the only option. This Essay …