Digital Commons Network^™

Ending Alien Tort Statute Exceptionalism: Corporate Liability In The Wake Of Jesner V. Arab Bank And Implications For U.S. Private Military Contractors, Brian Sableman

Saint Louis University Law Journal

No abstract provided.

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

UC Law SF Journal on Gender and Justice

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal dynamics …

Envisioning Indigenous Community Courts To Realize Justice In Canada For First Nations, Angelique Eaglewoman

Faculty Scholarship

Through European colonization in North America, the time-honored rule of law, or good way of life, in Indigenous communities was displaced with external forums and processes, primarily from the British juridical traditions. In contemporary Canada, the use of external laws as a tool of colonization and the injustice experienced by Aboriginal peoples in Canadian courts has been the focus of media attention, policy papers, and legal reports for decades. The Canadian justice system is viewed by many as external and a means of subjugation for First Nation, Métis and Inuit peoples. As the Canadian government has attempted to come to …

Voice, Strength, And No-Contest Clauses, Karen J. Sneddon

Articles

The will is a unilateral written disposition of probate property to be effective upon the will-maker's death. To have any legal effect, however, the will-maker's family, beneficiaries, and personal representatives, along with the probate court, need to implement the will provisions. To buttress the strength of the will, the language of the will is definitive, certain, and strong. But when the will relies upon standardized language, the voice of the will-maker is flattened or even non-existent. The absence of the willmaker's voice may jeopardize the legal effect of the will.

This Article argues that the over-reliance on "time-tested" formulaic language …

Preventing A Cyber-9/11: How Universal Jurisdiction Could Protect International Aviation In The Digital Age, Laura K. Ashdown

Journal of Air Law and Commerce

No abstract provided.

Virtual Hatred: How Russia Tried To Start A Race War In The United States, William J. Aceves

Michigan Journal of Race and Law

During the 2016 U.S. presidential election, the Russian government engaged in a sophisticated strategy to influence the U.S. political system and manipulate American democracy. While most news reports have focused on the cyber-attacks aimed at Democratic Party leaders and possible contacts between Russian officials and the Trump presidential campaign, a more pernicious intervention took place. Throughout the campaign, Russian operatives created hundreds of fake personas on social media platforms and then posted thousands of advertisements and messages that sought to promote racial divisions in the United States. This was a coordinated propaganda effort. Some Facebook and Twitter posts denounced the …

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

Faculty Publications

U.S.engagement in Afghanistan is inevitable, but there will be choices about strategy. In 1952, the U.S.Naval War College convened a lecture series devoted to strategy. On March 20, the lecturer was Harold D.Lasswell, an architect of the New Haven School of Jurisprudence. Lasswell observed, “The aim of strategy is to maximize the realization of the goal values of the body politic.” This article proposes that law is among the available strategic instruments to advance goal values common to the United States, Afghanistan,and the world community.

Coming Down The Pipeline: First Amendment Challenges To State-Level "Critical Infrastructure" Trespass Laws, Jenna Ruddock

American University Law Review

No abstract provided.

Us Targeted Killing Post 9/11: Just And Effective Warefare, Joseph Decotiis

Student Works

No abstract provided.

Submarine Cables And Infrastructure Vulnerabilities: Threats From Private And State Actors, Alexander Bennett

Student Works

No abstract provided.

Secrets Of The Deep: Defining Privacy Underwater, Annie Brett

UF Law Faculty Publications

The drones are coming, But not just to your neighborhood skies – to the world’s oceans. From recreational robots designed to autonomously follow divers and record video of them to low-cost, remotely operated submersibles that put ocean exploration in the hands of the general public to sophisticated military submersibles able to autonomously gather intelligence throughout the oceans, the underwater drone market is exploding. But unlike on land, this explosion has not been accompanied by similar discussion of privacy concerns. Instead, the ocean’s rapid shift away from an inaccessible operational sanctuary is one that is happening largely silently. And it is …

Reality Check: The Need To Repair The Broken System Of Delegating Legislative Power Under The National Emergencies Act, Michael J. Pastrick

Cardozo Law Review de•novo

When the National Emergencies Act was enacted in 1976, Congress could revoke a national emergency declaration by the President by a simple majority vote. Following a major Supreme Court decision in 1983, Congress, to simply retain its own legislative authority, suddenly was required to muster the support of two-thirds of the members of each chamber to override such a declaration. This Article proposes a practical, simple, and sturdy repair to the National Emergencies Act that will limit the potential for executive abuses by requiring Congress to extend, rather than to revoke, a national emergency declaration.

Law, War, And Four Modes Of Conflict, Gregory Brazeal

Faculty Publications

The Internationalists argues that the outlawing of war as an instrument of state policy in the Kellogg-Briand Pact of 1928 "was among the most transformative events in human history, one that has, ultimately, made our world far more peaceful. " The authors' evidence for this provocative thesis is ultimately unpersuasive. First, changes that they attribute to the Pact began before its creation, as illustrated, for example, by the ban on debt collection wars in the second convention of the Hague Conventions of 1907. Second, their own historical data on wars of conquest suggests that the year 1928 was not a …

Yitz And Ishmael: A Drama In One Very Long Act, Jim Friedberg

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters

Articles by Maurer Faculty

In 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …

The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.

SMU Law Review

No abstract provided.

“Www” Marques The Spot: Privateering As A Solution To Cryptocurrency Theft, Joshua Parisi

SMU Law Review

No abstract provided.

Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg

Articles

Binaries are helpful but deceptive, and this may be particularly true of simplistic theological dichotomies purporting to show that the Talmud is "Nitpicking" and Christian Biblical understandings "Expansive", or that Jews believe in the "letter" and Christians in the "spirit", Jews in strict Justice and Christians in "mercy", etc. This essay, which focuses on the character of Shylock and the legalistic cruelty inflicted upon him by Venice's Christians, dissolves such Binaries, leaving in their wake greater clarity about the contrary need to "re-binarize" the falsely unified hyphenated adjective "Judaeo-Christian".

Armed Conflict At The Threshold, Deborah Pearlstein

Articles

Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …

The Outcome Of Influence: Hitler’S American Model And Transnational Legal History, Mary L. Dudziak

Michigan Law Review

Review of James Q. Whitman's Hitler's American Model: The United States and the Making of Nazi Race Law.

Rhetoric And Realism: The First Diet Debates On Japan's Military Power, Sheila A. Smith

Center for Japanese Legal Studies

Article 9 has been the focus of legislative debate since Japanese leaders concluded the San Francisco Peace Treaty in 1952, ending the U.S. Occupation of their country. Conservatives and progressives alike sought to consider what this new constitution meant for Japan’s postwar defenses, and how it was to be translated into a rearmament policy. Until a new law was passed to create the Self Defense Force in 1954, these Diet debates offer a fascinating window on the effort to define what Article 9 meant, and the issues that provoked contention among political parties.

Most of the critical questions regarding how …

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about the military. In doing so, I argue that there are, in fact, two militaries residing within the Department of Defense (DoD): an “operational” and an “administrative” military.

In Part II, I propose this new two-military analytical framework. This Part begins with a brief historical overview of the dual-military state and argues that these two militaries coexisted in some form since the nation’s founding, grew further apart following World War II and the National Security Act, and effectively separated following the passage of the 1986 Goldwater-Nichols Act.

Part III analyzes the Goldwater-Nichols …

We The People: These United Divided States, Catherine Powell

Faculty Scholarship

No abstract provided.

Taking The Threat To Democracy Seriously, Bruce S. Ledewitz

Law Faculty Publications

No abstract provided.

Comparative Legal History. Edited By Olivier Moréteau, Aniceto Masferrer, And Kjell A. Modéer. Cheltenham, Uk; Northampton, Ma: Edward Elgar Publishing, 2019 [Book Review], Dana Neacsu

Law Faculty Publications

Comparative Legal History stands out for both its content and its execution. At a time when most law schools devote themselves to the study of hic et nunc (here and now), Comparative Legal History proves there is something more than the rather dogmatic and pragmatic description of what is traditionally recognized as the law. In an age of hyper specialization, it discredits the absurd notion of law as (hard) science. Law, a human product, can easily be the object of scientific observations, but does that scientific observation need to be limited to the study of rules and norms in force …

Social Media, Manipulation, And Violence, Allyson Haynes Stuart

South Carolina Journal of International Law and Business

No abstract provided.

Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

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

Faculty Law Review Articles

There are tremendous disparities between high stakes original actions between states before the US. 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 …

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

Faculty Publications & Other Works

Since World War II, it has become increasingly common practice for presidents to use non-defensive military force abroad without obtaining congressional pre-approval, thereby leaving Congress with no meaningful role in the decision. This modern practice is clearly at odds with the Constitution’s text and original meaning. A wealth of scholarly commentary concludes that the Constitution grants Congress alone the power to authorize non-defensive military force. Although not expressly mentioned in the Constitution, ample commentary also concludes that a president has inherent constitutional power only to defend the nation from an actual or impending attack.

This Essay rejects the notion that …

Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde

Mitchell Hamline Law Review

No abstract provided.