Digital Commons Network^™

Interrogation Or Experimentation? Assessing Non-Consensual Human Experimentation During The War On Terror, William J. Aceves

Faculty Scholarship

The prohibition against non-consensual human experimentation has long been considered sacrosanct. It traces its legal roots to the Nuremberg trials although the ethical foundations dig much deeper. It prohibits all forms of medical and scientific experimentation on non-consenting individuals. The prohibition against non-consensual human experimentation is now well established in both national and international law.

Despite its status as a fundamental and non-derogable norm, the prohibition against non-consensual human experimentation was called into question during the War on Terror by the CIA's treatment of "high-value detainees." Seeking to acquire actionable intelligence, the CIA tested the "theory of learned helplessness" on …

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg

Journal of Dispute Resolution

No abstract provided.

Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow

Journal of Dispute Resolution

These are very troubled times. The polity is seriously divided; people who march for white supremacy and hate are called “nice and very good people” by an unhinged, but Constitutionally elected, President; relations between citizens of color and police are at a high level of hostility and distrust; Congress is unable to pass virtually any legislation; and policy differences over immigration, trade, taxation, and health care are so great that even a ruling party cannot get anything done. Perhaps the greatest challenge for our democracy now is learning how to deal with great value differences in the polity, enough so …

Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan

Cornell International Law Journal

North Korea has the worst human rights crisis in terms of the breadth and extent of its violations, and also presents the most serious security crisis in the world. A trio of doctrines— International Humanitarian Intervention, the Responsibility to Protect, and legitimate defense— provide the foundation for a range of solutions and approaches to resolve this crisis. At the same time, North Korea poses real dangers, the situation is delicate, and the resolutions may prove difficult. Strong determination is necessary to stay the course until the Koreas reunite, ideally in a peaceful manner. The situation has moved rapidly over the …

Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo

American University International Law Review

No abstract provided.

U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber

UC Law SF International Law Review

The purpose of this research is to explore how an international framework could be developed in order to safeguard large dams against sabotage by nonstate actors, such as terrorist organizations or hostile civilians. The necessity of an international security agreement to manage dams as a global security threat will be clearly substantiated via an analysis of three determinants: the possible magnitude of dam failure, the inadequacies of international law to regulate asymmetric warfare, and the evolving threat of dam sabotage in the developing world. Subsequently, various legal components and regulatory mechanisms from an existing international agreement will be considered with …

Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky

Michigan Journal of International Law

The targeting of non-state armed groups members is perhaps the most debated legal issue in the law of contemporary armed conflicts between states and non-state actors. The 2006 Targeted Killings case of the Israeli Supreme Court (ISC) is a key reference point in this debate. Recently, without much scholarly or public attention, the government of Israel, in its report on the summer 2014 conflict in Gaza (the 2014 Gaza Conflict Report), dramatically diverged from the Targeted Killings case’s definition of legitimate targets in asymmetric conflicts. The Targeted Killings case held a conduct or functional membership-based approach to targeting. This approach …

Making The Ftc ☺: An Approach To Material Connections Disclosures In The Emoji Age, Christina Sauerborn

Fordham Intellectual Property, Media and Entertainment Law Journal

In examining the rise of influencer marketing and emoji’s concurrent surge in popularity, it naturally follows that emoji should be incorporated into the FTC’s required disclosures for sponsored posts across social media platforms. While current disclosure methods the FTC recommends are easily jumbled or lost in other text, using emoji to disclose material connections would streamline disclosure requirements, leveraging an already-popular method of communication to better reach consumers. This Note proposes that the FTC adopts an emoji as a preferred method of disclosure for influencer marketing on social media. Part I discusses the rise of influencer marketing, the FTC and …

The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone

Articles

No abstract provided.

The President's Constitutional Responsibility To Confront Climate Change And Invest In Renewable Energy For National Security, Bishop Garrison

UC Law Constitutional Quarterly

Climate change is having a direct effect on the United States as well as the rest of the world. The national security community has long identified climate change as an ongoing security threat. For decades, plans of action have been established to address it, but the issue is still treated from a more partisan space than with the heft of a danger with lasting consequences. If national security leaders have deemed it a hazard, it follows that the leader of the Free World-the president of the United States-has a duty under the U.S. Constitution to protect against such a threat. …

Of Loaded Weapons And Legal Alchemy, Great Cases And Bad (?) Law: Korematsu And Strict Scrutiny, 1944-2017, Scott Dewey

Articles

This article traces in detail how dicta in the wartime Japanese American internment cases of Korematsu v. United States and Hirabayashi v. United States was taken out of context and gradually transmuted, through a process of legal alchemy or "precedent laundering, " into holdings supporting the postwar strict scrutiny doctrine regarding equal protection under the Fifth and Fourteenth Amendments. The article addresses the complex, twisted prehistory ofKorematsu, which includes the troubled Japanese American immigrant experience leading up to the internment and the growing interwar geopolitical rivalry between Japan and the United States over domination of the Asia/Pacific region. This prehistory …

Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton

The International Lawyer

No abstract provided.

Failed Herd Immunity: American Business Compliance And The United States Cyber-Security Policy's Clash With The European Union's General Data Protection Act, William Dimas

Loyola University Chicago International Law Review

No abstract provided.

Resisting The Rule Of Men, Paul Gowder

Saint Louis University Law Journal

No abstract provided.

The Upside Of The Downside: Local Human Rights And The Federalism Clauses, Martha F. Davis

Saint Louis University Law Journal

No abstract provided.

Escaping The Logic Of Anarchy: A New Model Of Collective Security, Bryan H. Druzin

Cardozo Journal of Conflict Resolution

Past attempts to create collective security, such as the League of Nations and the United Nations, have failed. This article argues that this is because the anarchic structure of the international system does not permit a top-down approach to the problem. It is argued that the solution is to create a collective security model that is bottom-up rather than top-down.

This article proposes a model of collective security that uses positive feedback generated by network effects to trigger the bottom-up emergence of a global collective security organization. Driven by fear and self-interest, weak states join this fledgling organization, increasing its …

Transitional Post-Occupation Obligations Under The Law Of Belligerent Occupation, Dana Wolf

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

No abstract provided.

War Aims Matter: Keeping Jus Contra Bellum Restrictive While Requiring The Articulation Of The Goals Of The Use Of Force, Jens Iverson

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

No abstract provided.

Weighing Lives: Israel’S Prisoner-Exchange Policy And The Right To Life, Shelly Aviv Yeini

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

No abstract provided.

The Future Of Freedom Of Expression Online, Evelyn Aswad

Faculty Articles

Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …

Prosecuting The War On Terror In The Trump Administration: The Trump Doctrine: Is There Really A New Sheriff In Town, Jeffrey F. Addicott

Faculty Articles

After one full year in office, it is time to examine the actions taken by the Trump Administration in light of its legal and policy structures for dealing with the War on Terror and the companion problem of radical Islamic terrorism-both the domestic and international threat. In this context, two general concepts bear examination. First, is there a significant change in the Trump Administration from the policies of the Bush and Obama Administrations vis a vis prosecuting the War on Terror and dealing with domestic jihadists? Second, has the Trump strategic vision and attendant actions contributed in any significant way …

Presidential Encounters With American Constitutional Law (The Presidents And The Constitution: A Living History. Edited By Ken Gormley, 2016. New York: New York University Press 701 Pp.), Robert F. Blomquist

Valparaiso University Law Review

No abstract provided.

Front Matter

Valparaiso University Law Review

No abstract provided.

Perpetual Warfare: Proposing A New American Constitutional Amendment For The War Powers, Donald A. Dechert Iii

Valparaiso University Law Review

No abstract provided.

Trade Secret Law: The Role Of Information Governance Professionals, 18 J. Marshall Rev. Intell. Prop. L. 27 (2018), William Lynch Schaller

UIC Review of Intellectual Property Law

Trade secrets are rapidly becoming the most important assets of many businesses. Information Governance (IG) professionals can and should play an integral part in managing company trade secrets, but not all companies have IG professionals and not all IG professionals understand the meaning of "trade secrets." This article maps the many facets of trade law and practice that are of potential interest to all IG professionals. It also highlights the different roles IG professionals can play with respect to trade secrets, from cataloging to monitoring to testifying.

Unmanned Aerial Vehicles In Counterterrorism Efforts And Implications For International Humanitarian Law, Kunle Adebamiji Olulowo

Walden Dissertations and Doctoral Studies

The United States increasingly has resorted to the use of Unmanned Aerial Vehicles (UAVs) for targeted killings of terrorists as a counterterrorism strategy. More states and terrorist organizations also are acquiring UAVs and this development can lead to indiscriminate and unregulated use of UAVs. Previous researchers have indicated the surveillance ability and precise weapon delivery capacity of UAVs make them a weapon of choice for U.S. counterterrorism efforts. Although the U.S. government estimated the collateral damage involved in the use of UAVs at 3-5%, nongovernmental sources put it at 25-40%. A gap exists in the current literature regarding public perception …

Is The President A Traitor? A Legal Analysis, Noah Kupferberg

Faculty Scholarship

No abstract provided.

Cybersecurity And Tax Reform, Michael Hatfield

Indiana Law Journal

INTRODUCTION

I. THE PAST AND FUTURE OF THE IRS AS A CYBERATTACK TARGET

A. IRS AS A CYBERATTACK TARGET

B. THE FUTURE OF THE IRS AS A CYBERATTACK TARGET1. INFORMATION TECHNOLOGY

2. TAX INFORMATION

3. TYPES OF FUTURE ATTACKS

II. THE IRSWILL FAIL TO IMPLEMENT ADEQUATE CYBERSECURITY

A. VERY POOR HISTORY OF IMPROVING TECHNOLOGY

B. INADEQUATE FUNDING

C. INABILITY TO RECRUIT AND RETAIN EXPERTS

D. TOOMANY USERS

E. CYBERSECURITY IS DIFFICULT

III. BETTER DIGITAL TECHNOLOGY IS NOT THE GOAL

A. SLOWING THE USE OF DIGITAL TECHNOLOGY

B. CYBERSECURITY AND TAX REFORM

1. PAY-AS-YOU-EARN (PAYE)

2. SIMPLIFIED INCOME TAX

3. PURIFIED …

Two Directions Toward Ethical Peoplehood, Jonathan R. Cohen

UF Law Faculty Publications

From the biblical era through the present day, the conception of Israel as a people devoted to ethical ends has been a core Jewish value. But how is such a model to be implemented? This essay suggests two basic ways of thinking about ethical peoplehood, namely, that one can begin with a people and try to transform it into an ethical people ("from tribe to ethics") or that one can begin with ethical norms and through those norms attempt to build a people ("from ethics to tribe"). Part I of this essay begins by sketching these two modalities in Jewish …

Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada

St. Thomas Law Review

The relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to "Make America Great Again." Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump's campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and …