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Applicability Of International Humanitarian Law To Non-State Actors, Dr. Waseem Ahmad Qureshi Feb 2019

Applicability Of International Humanitarian Law To Non-State Actors, Dr. Waseem Ahmad Qureshi

Santa Clara Journal of International Law

Applicability of International Humanitarian Law to Non-State Actors


The Profile Of The International Cyber Offender In The U.S., Lora I. Hadzhidimova, Brian K. Payne Feb 2019

The Profile Of The International Cyber Offender In The U.S., Lora I. Hadzhidimova, Brian K. Payne

International Journal of Cybersecurity Intelligence & Cybercrime

This study explores the characteristics of international cyber offenders prosecuted in the U.S. Our findings to a large extent correspond with general studies about cyber offenders with a few important exceptions. First, the average age of the offenders in our study is slightly higher than others that do not focus exclusively on international offenders. Second, while this research confirms that China is among the leading country in committing cybercrimes when it comes to committing particular types of cybercrimes, the offenders come from other countries as well such as Romania, Estonia, Ukraine, South Africa, and Nigeria. Third, our results show that …


Safe Streets, Inc. : The 'Hustle' To End Black Gang Violence In Philadelphia, 1969-1976, Menika Dirkson Feb 2019

Safe Streets, Inc. : The 'Hustle' To End Black Gang Violence In Philadelphia, 1969-1976, Menika Dirkson

Arlen Specter Center Research Fellowship

From 1962 to 1968, gang stabbings and murders in Philadelphia drastically increased, inspiring Philadelphia District Attorney Arlen Specter (from 1965-1973) to establish Safe Streets, Inc. in August 1969 as a non-profit, anti-gang program designed to reduce gang violence, end turf wars between rival gangs, and provide social services like job training and academic tutoring to juveniles. Since the program came into existence amidst the Civil Rights Movement (1954-1968), numerous cases of police brutality, and over 200 race riots in post-industrial cities, the yearly Law Enforcement Assistance Administration (LEAA) grant from the federal government offered to cities under the Omnibus Crime …


Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts Feb 2019

Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts

Sea Grant Law Fellow Publications

No abstract provided.


War Torts, Autonomous Weapon Systems, And Liability: Why A Limited Strict Liability Tort Regime Should Be Implemented, Elizabeth Fuzaylova Feb 2019

War Torts, Autonomous Weapon Systems, And Liability: Why A Limited Strict Liability Tort Regime Should Be Implemented, Elizabeth Fuzaylova

Cardozo Law Review

Part I of this Note will discuss the evolution of Al from early computer models in the 1980s to sophisticated and standalone thinking machines in today's world, while touching on some of the drawbacks. It will also discuss the evolution of Al within the military, encompassing the current state of the debate over the use of autonomous weapons. Further, it explores the already proposed regulatory changes that surround Al and their hypothetical impacts on military Al and autonomous weapon systems. Part 11 first delves into factors to consider in regulating autonomous weapon systems. It then analyzes whether an Al machine …


1890 - Spanish Colonization In The Southwest, Frank Wilson Blackmar Jan 2019

1890 - Spanish Colonization In The Southwest, Frank Wilson Blackmar

Miscellaneous Publications – Spanish

This publication addressed Spanish policy relating to colonization, comparison of Spanish colonies with those of the Romans, attempts to settle California and New Mexico, the mission system, civic colonies (pueblo), presidios, presidial pueblo, and land grants to settlers.


Humanitarian Logic And The Law Of Siege: A Study Of The Oxford Guidance On Relief Actions, Sean Watts Jan 2019

Humanitarian Logic And The Law Of Siege: A Study Of The Oxford Guidance On Relief Actions, Sean Watts

International Law Studies

In terms of human suffering, few military operations have rivaled sieges and comparably harsh legal regimes have governed them. At a time when legal vindication of humanitarian interests in armed conflict is ascendant, conventional accounts of the law of war governing humanitarian relief may seem out of step, plagued with glaring gaps in humanitarian logic. In 2016, Oxford University professors published a United Nations-commissioned legal study—the Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict. The Guidance contends that during armed conflict international law prohibits belligerents from arbitrarily denying offers of humanitarian relief …


The Politics Of Richard Wright, Jane Anna Gordon, Cyrus Ernesto Zirakzadeh Jan 2019

The Politics Of Richard Wright, Jane Anna Gordon, Cyrus Ernesto Zirakzadeh

Civil Rights

A pillar of African American literature, Richard Wright is one of the most celebrated and controversial authors in American history. His work championed intellectual freedom amid social and political chaos. Despite the popular and critical success of books such as Uncle Tom's Children (1938), Black Boy (1945), and Native Son (1941), Wright faced staunch criticism and even censorship throughout his career for the graphic sexuality, intense violence, and communist themes in his work. Yet, many political theorists have ignored his radical ideas.

In The Politics of Richard Wright, an interdisciplinary group of scholars embraces the controversies surrounding Wright as …


What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz Jan 2019

What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Cross-Cultural Differences In Plagiarism: Fact Or Fiction?, Diana J. Simon Jan 2019

Cross-Cultural Differences In Plagiarism: Fact Or Fiction?, Diana J. Simon

Duquesne Law Review

No abstract provided.


From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl Jan 2019

From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl

Scholarly Articles

This essay refracts the criminal conviction and reparations order of the International Criminal Court (ICC) in the Al Mahdi case into the much broader frame of increasingly heated public debates over the protection, removal, defacement, relocation, display and destruction of cultural heritage in all forms: monuments, artefacts, language instruction, art and literature. What might the work product of the ICC in the Al Mahdi proceedings -- and international criminal law more generally -- add, contribute or excise from these debates? This essay speculatively explores connections between the turn to penal law to protect cultural property and the transformative impulses that …


“Closer To The Objective”: Following Helen From Troy To Chicago, Jillian Boger Jan 2019

“Closer To The Objective”: Following Helen From Troy To Chicago, Jillian Boger

Master’s Theses and Projects

“Closer to the Objective”: Following Helen from Troy to Chicago looks at the function of women in war and war-adjacent texts. Women are contextualized against the figure of Helen of Troy, who sets the standard for how women in war narratives have historically been treated in literature in film. The war narrative has existed as long as literature itself as existed, and in the Western canon, storytellers are constantly looking back at the Iliad, which serves as an Ur text in terms of how the war narrative--and in particular, the American war narrative--continues to be told today. Those American-centric war …


The Laws Of War In The Age Of Terror, Ryan Goodman Jan 2019

The Laws Of War In The Age Of Terror, Ryan Goodman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith Jan 2019

Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith

Electronic Theses and Dissertations

What factors have led to successful outcomes in international peace operations conducted in Sub Saharan African countries? What factors explain mission failure? I proposed a basic theory of peace operations that linked conflict conditions to mandate design to the capability of an intervening force deployed for mission implementation developed from arguments and empirical results of previous research.

Data on 86 peace operations that occurred in 23 African states covering 33 separate conflict periods between 1990 and 2015 was analyzed. My main findings showed that mandates were derived from conflict assessments and determined the size of intervening force required. The results …


Distinguishing Different Kinds Of Property In Patents And Copyrights, Sean O'Connor Jan 2019

Distinguishing Different Kinds Of Property In Patents And Copyrights, Sean O'Connor

Faculty Scholarship

No abstract provided.


Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen Jan 2019

Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen

Notre Dame Law Review Reflection

This Essay, in Part I, will begin with an overview of the use of child soldiers in armed conflicts around the world. Part II will explore provisions within the Geneva Conventions, the Convention on the Rights of the Child, and the Beijing Rules that are applicable to child soldiers and can shed some light on their culpability after an armed conflict. In Part III, this Essay will then discuss the varying degrees to which international criminal tribunals and the International Criminal Court have addressed the criminal responsibility of children for war crimes and crimes against humanity. Finally, Part IV will …


War Is More Than A Political Question: Reestablishing Original Constitutional Norms, John C. Dehn Jan 2019

War Is More Than A Political Question: Reestablishing Original Constitutional Norms, John C. Dehn

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law: Funding Restrictions And Separation Of Powers, Zachary S. Price Jan 2019

Constitutional Law: Funding Restrictions And Separation Of Powers, Zachary S. Price

The Judges' Book

No abstract provided.


An Elusive Mandate: Enforcing The Prohibition On The Use Of Child Soldiers, Sarah J. Diaz Jan 2019

An Elusive Mandate: Enforcing The Prohibition On The Use Of Child Soldiers, Sarah J. Diaz

Children's Legal Rights Journal

No abstract provided.


John The Theologian: Towards Integrating Law And Religion, Gordon Butler Jan 2019

John The Theologian: Towards Integrating Law And Religion, Gordon Butler

Intercultural Human Rights Law Review

Every dean leaves an impact on the law school they serve and its faculty. St. Thomas Law Dean Makdisi supported and encouraged Professor Siegfried Wiessner's effort in creating an LL.M. program in Intercultural Human Rights. While others will laud his many accomplishments as dean in the J.D. program, his impact on the religious heritage and Catholic mission of St. Thomas Law was greatest in the LL.M. program.


Nature's Law And The Nature Of The Cosmos: Ancient Human Stories About Perennial Moral Concerns, Roy Balleste Jan 2019

Nature's Law And The Nature Of The Cosmos: Ancient Human Stories About Perennial Moral Concerns, Roy Balleste

Intercultural Human Rights Law Review

When I was twelve years old, I was a guest at an unknown installation managed by the U.S. Air Force. The installation harbored a precious instrument: a solar telescope. I stood in front of the telescope while looking into outer space, and I was both excited from my visit and anxiously hoping for a better future for humanity. This experience opened up for me a world of new perceptions about the cosmos. I had wondered before about the mysteries of the universe. Since that time, new technologies have been developed and the achievements of human ingenuity have been fascinating, but …


The First Attempt To Prosecute The Crime Of Aggression, Harry M. Rhea Jan 2019

The First Attempt To Prosecute The Crime Of Aggression, Harry M. Rhea

Florida State University Journal of Transnational Law & Policy

The crime of aggression, also known as the "supreme international crime," is the most controversial international crime. It is the only international crime that requires state participation, therefore making it a political crime. Moreover, illegal war often includes other international crimes, including terrorism, torture, genocide, and crimes against humanity, and it differs only in that "it contains within itself the accumulated evil of the whole." Aggression was included in the Rome Statute of the International Criminal Court in 1998 without a definition. The Assembly of States Parties to the International Criminal Court adopted a criminal definition of aggression at the …


The Equal Rights Amendment Revisited, Bridget L. Murphy Jan 2019

The Equal Rights Amendment Revisited, Bridget L. Murphy

Notre Dame Law Review

This Note proceeds in three Parts. Part One chronicles the history of the Equal Rights Amendment, from the original attempt at passage through the various reiterations thereafter. Part Two describes the legal background, including constitutional and legislative protection against discrimination on the basis of sex. Part Three of this Note then demonstrates that a faithful understanding of the existing constitutional and legislative protections reveals inherent weaknesses. Specifically, the original understanding of the Fourteenth Amendment did not contemplate protection from sex-based discrimination, and the word “sex” as a prohibited basis for discrimination in Title VII was added as a last-minute attempt …


Does What Happens In Vegas Really Stay In Vegas?: The Potential Impact Of The Las Vegas Massacre On Domestic Hotel Security And Individual Privacy Rights In Home-Like Places, Ashley J. Puchalski Jan 2019

Does What Happens In Vegas Really Stay In Vegas?: The Potential Impact Of The Las Vegas Massacre On Domestic Hotel Security And Individual Privacy Rights In Home-Like Places, Ashley J. Puchalski

Duquesne Law Review

No abstract provided.


Religious Support, United States Army Jan 2019

Religious Support, United States Army

United States Army: Field Manuals

Religious Support, United States Army Field Manual FM 1-05


Army Space Operations, United States Army Jan 2019

Army Space Operations, United States Army

United States Army: Field Manuals

Army Space Operations, United States Army Field Manual FM 3-14


Army Support To Military Deception, United States Army Jan 2019

Army Support To Military Deception, United States Army

United States Army: Field Manuals

Army Support to Military Deception, United States Army Field Manual FM 3-13.4


Sustainment Operations, United States Army Jan 2019

Sustainment Operations, United States Army

United States Army: Field Manuals

Sustainment Operations, United States Army Field Manual FM 4-0


Signal Support To Operations, United States Army Jan 2019

Signal Support To Operations, United States Army

United States Army: Field Manuals

Signal Support to Operations, United States Army Field Manual FM 6-02


The Attribution Problem And Cyber Armed Attacks, Lorraine Finlay, Christian Payne Jan 2019

The Attribution Problem And Cyber Armed Attacks, Lorraine Finlay, Christian Payne

Law Papers and Journal Articles

In late 2018, the U.S. Secretary of Homeland Security suggested that “cyber-attacks now exceed the risk of physical attacks.” Yet the law has not kept pace with this reality. In particular, identifying who is responsible for a cyberattack makes it difficult to regulate this conduct. A state often cannot practically respond to a threat unless it knows from where the threat emanates and potentially who is responsible. Attribution of cyber conduct is critical from a legal perspective because the unlawful act must be attributable to another state for state responsibility to be engaged.

This essay provides an overview of this …