Digital Commons Network^™

A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull

Georgia Journal of International & Comparative Law

No abstract provided.

Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver

Georgia Journal of International & Comparative Law

No abstract provided.

Employment Discrimination And The Domino Effect, Laura T. Kessler

Utah Law Faculty Scholarship

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …

The Unsuspected Francis Lieber, Richard Salomon

Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his support of Lincoln's suspension …

Herding Cats: Governing Distributed Innovation, Albert C. Lin

North Carolina Law Review

No abstract provided.

All Your Works Are Belong To Us: New Frontiers For The Derivative Work Right In Video Games, J. Remy Green

North Carolina Journal of Law & Technology

No abstract provided.

The Battlefield Of Tomorrow, Today: Can A Cyberattack Ever Rise To An “Act Of War?”, Christopher M. Sanders

Utah Law Review

In a sense, war has not changed. The end results will always remain the same: death and destruction; even if that destruction is not fully tangible. The results may be instantaneous, or they may be delayed. It is only the means implemented to achieve these destructive ends that evolve. Cyberwarfare is a product of that evolution. Most importantly, we must always remain abreast of evolution and the changes in warfare in order to effectively and efficiently respond to new attacks, and to prevent them as well.

This Note sheds light on recent evolution in warfare. It enlightens the reader of …

The Politics Of Ethics, Laurie L. Levenson

Mercer Law Review

Prosecutors hate being told what to do. As "ministers of justice," they feel imbued with a moral compass that rarely, if ever, needs tweaking by outsiders. Their mission to protect society and the Constitution provides sufficient guidance. Being told how to be "ethical" is downright insulting for attorneys who already perceive themselves as wearing the white hat. Efforts to create ethical standards to guide a prosecutor's work may be perceived as little more than an unnecessary intrusion upon the prosecutor's independence and personal sense of justice. For some prosecutors, it is unwarranted meddling into the prosecution's business. As former Attorney …

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Reconsidering Selective Conscientious Objection, Andrew J. Haile

University of Richmond Law Review

In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …

More Than Love: Eugenics And The Future Of Loving V. Virginia, Osagie K. Obasogie

Fordham Law Review

This Symposium is dedicated to celebrating how Loving v. Virginia paved the way for greater acceptance of multiracial families and interracial intimacy. Loving is largely understood as a case that rejected the bigotry and hatred experienced by interracial couples and affirmed the idea that law supports love across racial lines. With this narrative comes the popular understanding that Loving stands for the notion that love conquers all. This idea has shaped other legal strategies and social movements, such as the effort to have same-sex marriage legally recognized. Thus, Loving is thought of as drawing attention to the importance of romantic …

Reframing The Proportionality Principle, Michael A. Newton

Vanderbilt Law School Faculty Publications

Proportionality functions as oneof the most important legal constraints applicable to the conduct of hostilities. In that context, this short essay discusses the commonly encountered misapplications of Cicero's classic sentiment that "salus populwe supremus est lexl . . . silent enim leges inter armes." Rather than serving as a necessary basis for a positive articulation of lawful force as an exception to the norm, jus in bello proportionality delineates the outer boundaries of the commander's appropriate discretion. The mere invocation of jus in bello proportionality cannot become an effective extension of asymmetric combat power by artificially crippling combatant capabilities. This …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.

Maine Law Review

The Second Annual Frank M. Coffin Lecture on Law and Public Service was held on October 7, 1993. Professor Arthur M. Schlesinger, Jr. presented "Multiculturalism and the Bill of Rights."

Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod

University of Miami Law Review

Cyber breaches continue at an alarming pace with new vulnerability warnings an almost daily occurrence. Discovery of the industrial virus Stuxnet during 2010 introduced a global threat of malware focused toward disruption of industrial control devices. By the year 2020, it is estimated that over 30 billion Internet of Things (IoT) devices will exist. The IoT global market spend is estimated to grow from $591.7 billion in 2014 to $1.3 trillion in 2019 with a compound annual growth rate of 17%. The installed base of IoT endpoints will grow from 9.7 billion in 2014 to more than 25.6 billion in …

Industrial Cyber Vulnerabilities: Lessons From Stuxnet And The Internet Of Things, Lawrence J. Trautman, Peter C. Ormerod

Faculty Publications

Cyber breaches continue at an alarming pace with new vulnerability warnings an almost daily occurrence. Discovery of the industrial virus Stuxnet during 2010 introduced a global threat of malware focused toward disruption of industrial control devices. By the year 2020, it is estimated that over 30 billion Internet of Things (IoT) devices will exist. The IoT global market spend is estimated to grow from $591.7 billion in 2014 to $1.3 trillion in 2019 with a compound annual growth rate of 17%. The installed base of IoT endpoints will grow from 9.7 billion in 2014 to more than 25.6 billion in …

The Santa Clara, 2018-04-19, Santa Clara University

The Santa Clara

No abstract provided.

The Chamber In The Chambers: The Making Of A Big-Business Judicial Money Machine, Alyssa Katz

DePaul Law Review

No abstract provided.

An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger

William & Mary Environmental Law and Policy Review

No abstract provided.

Race Or Party, Race As Party, Or Party All The Time: Three Uneasy Approaches To Conjoined Polarization In Redistricting And Voting Cases, Richard L. Hasen

William & Mary Law Review

No abstract provided.

The Heart Of K'É: Transforming Diné Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse

American Studies ETDs

This paper takes up the roles of ideology and spatiality as they impact Diné students and learners in understanding conceptions of normativity, neuro-diversity and bodily variance. I am concerned with how the movement and creation of Indigenous schools and their praxis still maintain and often times produce settler colonial ideologies of being, personhood, difference and ability. I illustrate the challenges that Diné planners and educators face in entrenching cultural knowledge and language into their educational initiatives, while some of the problematic manifestations and expressions of normativity present themselves through state polices, federal law and mainstream curriculum.

I focus on the …

1959 - California Government And Forestry From Spanish Days Until The Creation Of The Department Of Natural Resources In 1927, C. Raymond Clar

Miscellaneous Documents and Reports

This 1959 book focuses on the relationship between forestry and the California government. The surface treatment of the lands of California was of significant importance in the building of California, just as was the Gold Rush, the challenge of empire-building and the struggle for water. The book covers on a relatively short span of years although it commences with forest use in Spanish- Mexican California.

Issue 1: Anti-Black Racism, Bio-Power, And Governmentality: Deconstructing The Suffering Of Black Families Involved With Child Welfare, Doret Phillips, Gordon Pon

Journal of Law and Social Policy

This article focuses on how colonialism, anti-Black racism and white supremacy are embodied by Ontario’s child welfare system in relation to narratives of suffering experienced by Black families involved with this sector. We discuss how these experiences are an embodiment of the Foucauldian concepts of bio-power and governmentality. Understanding this embodiment is crucial for deconstructing how anti-Black racism, colonialism, and white supremacy are manifested in the day-to-day policies and practices of child welfare. To explicate these policies and practices we discuss three inter-related factors: 1) the historical rise of the welfare state, 2) anti-Black racism, and 3) bio-power and governmentality.

The Virtues Of Abstention: Separation Of Powers In Al-Nashiri Ii, Nicholas A. Dimarco

St. John's Law Review

(Excerpt)

Part I examines various scholarly approaches to judicial deference, then considers deference in the context of military commissions. In Part II, the history of military commissions in the United States is examined, paying particular attention to the extended dialogue among the coordinate federal branches that created the system currently in operation. The decision in Al-Nashiri II not to adjudicate a collateral attack on one of these commissions is the focus of Part III. That Part embraces the underlying jurisdictional challenge at stake in Al-Nashiri II, the development of abstention doctrine generally and as applied to the current commissions, …

Labor-Management Cooperation: Bath Iron Works's Bold New Approach, Jonathan B. Goldin University Of Maine School Of Law

Maine Law Review

An increasing number of employers and unions have found that the best way to compete in the marketplace and secure both profits for the firm and good jobs for workers is through cooperative worker-management relations. As Americans obtain more education, and with the changing nature of some work, employers increasingly find it appropriate to rearrange responsibilities and tasks to employees, who work sometimes as teams and other times as individuals. For their part, more highly educated employees express greater desire to participate in workplace decisions and have the knowledge and competence to undertake more tasks at the workplace. It is …

Protecting Discretion: Judicial Interpretation Of The Discretionary Function Exception To The Federal Tort Claims Act, Donald N. Zillman University Of Maine School Of Law

Maine Law Review

In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only slightly amended and with their primary purposes still intact. The Federal Tort Claims Act is one such rare statute. The purpose of the Federal Tort Claims Act (FTCA) was to make the United States liable for the torts of its employees committed in the scope of their employment. Today that sounds commonplace. Half a century ago, however, a considerable legislative effort was needed to overturn the doctrine of sovereign immunity that forbade the recovery of tort damages against the United States. Congress's rejecting sovereign …

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Ai And The Legal Profession: Could Artificial Stupidity And Responsibility Avoidance Prove To Be The Biggest Agents Of Change, Colin P. A. Jones

South Carolina Law Review

No abstract provided.

Sailing Under False Colors: The Continuing Presence Of Negligence Principles In "Strict" Products Liability Law, Richard C. Ausness

Law Faculty Scholarly Articles

Dean Prosser, in his celebrated article, The Assault Upon the Citadel, compared the assault on warranty law's privity requirement to an attack on a stoutly defended fortress during the Middle Ages. Since that time, another conflict has arisen among students of products liability, namely whether product sellers should be subject to strict liability or whether certain aspects of this field should instead be controlled by negligence principles. However, unlike the assault some sixty years ago on the privity requirement, this present conflict bears a greater resemblance to the protracted trench warfare of World War I than it does to the …

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND

EVOLUTIONARY APOCALYPSE....................................................................... 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES

TO BIODIVERSITY LOSS .................................................................................... 310

A. OVERKILL ........................................................................................... 310

B. ALIEN INVASIVE SPECIES ..................................................................... 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321

1. ISLAND BIOGEOGRAPHY .............................................................. 321

2. PUBLIC LANDS MANAGEMENT..................................................... 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO

GLOBAL COMMONS .......................................................................................... 329

A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330

1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330

2. CRITICAL HABITAT ..................................................................... 333

3. INTERAGENCY CONSULTATION .................................................... 333

B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335

C. …