Digital Commons Network^™

Revisiting The Genesis Of French Louisiana: It’S No Coincidence The Civil Code Was Adopted—We Ain’T Anglos!, Warren Perrin

Journal of Civil Law Studies

This article examines how Louisiana’s distinctive civil law tradition survived the Louisiana Purchase and became embedded in the state’s identity through the interaction of culture, migration, and political compromise. Tracing the development of French Louisiana from the Acadian diaspora to statehood, the article argues that the adoption and preservation of the civil code was not accidental, but rather the product of a deeply rooted Francophone and multicultural society resistant to Anglo-American common law traditions. The study highlights the influence of major historical figures including Thomas Jefferson, William C.C. Claiborne, Julien Poydras, Casa Calvo, and Edward Livingston, while also emphasizing the …

The Impact Of International Organizations On The Development And Enforcement Of International Humanitarian Law, Mubeen Majid Jaber

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The struggle for survival and human dignity continues in Syria, Yemen, and Ukraine amid ongoing armed conflicts, while international organizations seek to uphold International Humanitarian Law (IHL). In many instances, the enforcement of humanitarian law falls short of established standards. Organizations such as the United Nations (UN), the International Committee of the Red Cross (ICRC), and the International Criminal Court (ICC) play vital roles in promoting and implementing humanitarian principles and protecting human rights. However, their effectiveness often depends on political cooperation and the existence of conditions conducive to peace. This study examines selected case studies to evaluate how political …

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Protecting Dependent Children In Bankruptcy, Michael D. Sousa, L. Alexis Whitley Esq.

Villanova Law Review (1956 - )

No abstract provided.

What’S Past Is Prologue: Prior Convictions As Evidence Of Dangerousness In State V. Romero, Alexander Guel-James

New Mexico Law Review

State v. Romero marked the first time the New Mexico Court of Appeals considered whether a New Mexico law disarming every person with a state felony conviction was unconstitutional under the Second Amendment. The court upheld the law, but only to the extent that it disarmed dangerous felons. The court found that the appellant was dangerous because he was previously convicted of dangerous crimes. This note questions whether prior convictions alone are sufficient to prove dangerousness. Criminal justice data and constitutional theory caution against dangerousness findings based on criminal history alone. Courts should determine dangerousness under the disarmament law using …

A Sovereign Peace: Reconceptualizing The Law Of Sovereignty In The Taiwan Strait, Alyssa Resar

International Law Studies

China and Taiwan’s enduring dispute stems from a fundamental disagreement over Taiwan’s sovereignty. Drawing on binary conceptions of sovereignty in international law, the Chinese government argues that there can only be one legitimate Chinese sovereign—and that China is this sovereign. Meanwhile, Taiwan’s current government maintains that the Republic of China (Taiwan’s official title) is itself a sovereign, independent entity. As the two governments cling fiercely to their positions, bilateral diplomacy has ceased, and the risk of catastrophic war has risen.

This article argues that international law nonetheless offers the conceptual tools needed to build peace in the Taiwan Strait by …

Deep Seabed Mining And The Law Of The Sea: Strategic Competition, Institutional Failure, And The Third Age, Michael W. Lodge

International Law Studies

Edited and annotated speech by Michael Lodge, former Secretary-General of the International Seabed Authority (2017–2024), delivered at the U.S. Naval War College, Newport, Rhode Island, on March 11, 2026.

The Impact Of Modern Police Equipment And Training On Reported Anxiety And Depression Of Police Officers, Matthew Roy Burford

Doctoral Dissertations and Projects

This quantitative study investigated the relationships among law enforcement officers’ access to modern equipment, their confidence in their training, and their reported levels of anxiety and depression. The study also tested whether confidence in training moderated the association between equipment and mental health outcomes. Mental health symptoms were measured using the Beck Depression Inventory (Beck et al., 1961) and the Beck Anxiety Inventory (Beck et al., 1988). Two researchers-developed instruments to assess officers’ perceived adequacy of their equipment and confidence in their training. Participants were recruited from law enforcement agencies across the Dallas–Fort Worth metroplex, and data were collected through …

International Law Situations: Internment Of Belligerent Forces, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the duty of neutral States to detain belligerent warships, their officers, and crews during an international armed conflict. At the outset of the armed conflict between the United States and Iran, Iranian warships sought refuge in India and Sri Lanka following the sinking of the Iranian frigate IRIS Dena. India and Sri Lanka, as neutrals, have a duty to detain those warships and their officers and crews for the duration of the armed conflict and take appropriate measures to render the ships and their personnel incapable of taking to sea during the conflict.

International Law Situations: Humanitarian Corridors, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the use of humanitarian corridors during an international armed conflict. While humanitarian corridors are not defined in international law, they have been used both on land and at sea to evacuate non-combatants, allow for the provision of humanitarian relief supplies, and provide for the safe passage of neutral shipping in areas of ongoing conflict.

The Problem Of Protecting Civilians In Modern Wars, Ihsan Hindi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study addresses the protection of civilians in modern warfare, marked by the expansion of military operations and the development of new methods of combat. It reviews the international humanitarian law framework applicable to non-combatants, analyzes the challenges created by contemporary conflicts for distinguishing civilians from combatants, and discusses the gap between international legal norms and effective protection on the ground.

They, The People, Ammel Sharon

Socio-Legal Review

This essay engages with Rohit De and Ornit Shani’s Assembling India’s Constitution by situating it within a broader conceptual history of “the people.” While the book offers a compelling account of participatory constitution-making, the essay suggests that it opens up further questions about the conceptual and historical conditions shaping the people as a political subject. Drawing on contemporary political theory on populism, the essay explores how politics invokes the people through affective and performative practices alongside constitutional forms.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

Political, Legal & Ethical Implications Of The United Nations Resolution 1441 & Its Resulting Iraq War, Anika Elyse Segall

Honors Projects

This paper analyzes the political, legal, & ethical implications of the United Nations Resolution 1441 & its resulting Iraq War. The central question of this paper is answered in these sections: 1. Politics: Is it politically convincing (whom did it convince and not convince) to invade Iraq?  2. Law: Is it legally convincing (which body of law) to invade Iraq? 3. Political Ethics: How has this informed how the US has conducted foreign policy and war-making in the Middle East since 2003?

This Is Not Who We Are: Punishment Is Justified As Disavowal, Mark Pickering

Tulsa Law Review

No abstract provided.

The Civil Liability Gap For Oil Spills Caused By Non-State Armed Groups: The Case Of The Mv Sounion Tanker In The Red Sea, Emery Hansell

Duke Environmental Law & Policy Forum

On August 21, 2024, the Greek-flagged oil tanker MV SOUNION ("Sounion") was attacked by Houthis as it passed through the Red Sea. The Houthis, a rebel group that controls large swaths of Yemen, then set the ship ablaze, threatening to spill roughly 1 million barrels of crude oil into the water. The cleanup was anticipated to cost $20 billion. The question thus arises: who would—and who should—pay for that cleanup? At the moment, there is no effective solution.

As an initial matter, current international law focuses on State liability and is therefore unlikely to require the Houthis—as a non-State actor—to …

Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith

Journal of Feminist Scholarship

In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …

Defending The West By Reclaiming The Past, Steven Alan Samson

Journal of Law and Government

The Western world was originally shaped by the fine arts and philosophy of Greece, the architecture and law of Rome, and the faith, morality, and prophetic traditions of Judaism and Christianity. As the West loses the religious bond that generated its culture, careful attention should be given to reclaiming and rebuilding this moral and spiritual infrastructure.

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

The Supreme Court Under Threat: Early Lessons In Judicial Self-Protection, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

This Essay explores how the U.S. Supreme Court, despite being vulnerable to defiance of its decisions and political retaliation, has developed tools of judicial self-protection to preserve its institutional authority and thus its capacity to sustain the Constitution and the rule of law. Arguing that the Court performs not only a legal role that requires interpretation of the law but also a political one that demands institutional preservation, the Essay examines how the Court has historically navigated political threats by using a range of tools—including avoidance, delay, narrow rulings, strategic dicta, and rhetorical appeals. The Essay focuses on three nineteenth-century …

Communicative Administration: The Administrative State Beyond Legal Administration, Daniel E. Walters

Faculty Scholarship

On many dimensions, the administrative state is at the nadir of its power. The Supreme Court has tightened administrative law controls on agency power, and the Trump Administration has stormed the bureaucracy in an unprecedented blitz designed to kneecap agency capacity and independence. For better or worse, many agencies and their civil servants are being sidelined as meaningful actors in the administration of government. Yet this familiar account doesn’t tell the entire story. At the same time that agencies are being stripped of the power to implement law—what this Article calls “legal administration”— they are steadily accumulating extensive and largely …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

What’S In A Name? Much Ado About “War-Sustaining” Objects, W. Casey Biggerstaff

International Law Studies

Recent conflicts have renewed the long-running debate over the legality of attacking economic objects under the law of armed conflict. Within that discourse, observers frequently frame the controversy in relation to an abstract U.S. “war-sustaining” position. Critics often characterize the United States as advancing a distinctive and overly permissive interpretation of military objectives that allegedly departs from the targeting criteria set forth in Article 52(2) of Additional Protocol I. This article challenges that characterization. It concludes that the United States does not apply a separate “war-sustaining” lex specialis to economic objects. Rather, U.S. practice reflects a contextual application of Article …

International Law Situations: Economic Warfare At Sea, Raul (Pete) Pedrozo

International Law Studies

This Situation examines what measures belligerents may take against enemy and neutral merchant ships at sea during an international armed conflict. Operation Epic Fury serves as the backdrop to demonstrate the applicability of economic warfare during international armed conflict at sea. Iranian-flagged and Guyanese-flagged vessels are operating in service of the Iranian economy and war effort. These ships may be captured as part of U.S. economic warfare against Iran.

From Smallpox To Synthetic Biology: The Evolving Threat Of Biological Weapons And The Jus Ad Bellum, Sabrina I. Slagowitz

Duke Journal of Comparative & International Law

Biological weapons are not new, but recent developments in genetic technology have fundamentally transformed their threat potential. Advances in genome sequencing, editing technologies, and CRISPR have made pathogen modification faster, cheaper, and more accessible than ever before, reinvigorating fears of large-scale biological warfare and giving rise to a new class of synthetic bioweapons. This note examines the implications of genetically modified biological weapons for the jus ad bellum, the international law governing the use of force. Drawing an analogy to cyberweapons, it argues that bioweapons share key characteristics with cyberweapons—stealth, latency, asymmetry, non-kinetic lethality, and anonymity—that will generate similar legal …

International Law Situations: Blockade, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the right of belligerents to establish and enforce a blockade and the right to conduct visit and search of enemy and neutral merchant ships globally outside neutral waters.

International Law Situations: Belligerent Straits, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the measures that belligerents may take to regulate navigation by neutral and belligerent shipping through international straits. Iran has imposed several illegal measures on neutral shipping in the Strait of Hormuz to manage transits through the strait, to include the imposition of tolls, establishment of a prior permission regime, and closure of the strait. This Situation analyzes Iran's actions under international law.

Whose Interest? How Attorney General Paxton Weaponizes His Administrative Power Against The Public Interest, Kaylie Vasquez

Minnesota Journal of Law & Inequality

Attorney Generals wield immense power throughout the country and are charged with protecting the interests of the public. In Texas, the Attorney General manipulates this power for political capital and ideological warfare. This Note examines the case of Annunciation House v. Paxton and the administrative powers granted to the Texas Attorney General. Specifically, this Note examines the Request to Examine statute that authorizes the Texas Attorney General to investigate any business organization at anytime for any reason. It does so by 1) discussing the specific statute and analyzing its weakness; 2) evaluating the Request to Examine at issue in Annunciation …

The Formation Of Indian Health Services Within Imperial And Settler-Colonial Contexts, Jillian E. Grisel

American Studies ETDs

This dissertation examines the Indian Health Services as a Cold War biosecurity apparatus, showing how infectious disease was weaponized to dismantle treaty obligations, reorganize tribal lands into “service areas,” and reclassify Indigenous nations as surveilled populations. Against this carceral health economy, Indigenous nations refused. From the 1969 Alcatraz occupation to the 1976 Puyallup takeover of Cushman Indian Hospital, Native activists reclaimed health facilities as sovereign spaces, insisting that care is not a discretionary service but a treaty right grounded in land and kinship. Methodologically, I combine historical-legal analysis of congressional debates, Public Health Service reports, and IHS data with counter-archives …

Off-The-Shelf Danger: The Need For Overhauling Faa Regulations To Combat The Misuse Of Commercial And Recreational Drones, Ka Ching "Cyrus" Au

Seattle Journal of Technology, Environmental, & Innovation Law

This article discusses how FAA Part 107 has not kept pace with

advances in drone technology and advocates for a tailored solution for

drones. The increasing accessibility of sophisticated drone technology

presents significant national security and public safety challenges.

Regulatory frameworks posed by the Federal Aviation Administration

(FAA) are insufficient to address these growing concerns. The drone

technology originally marketed and developed for photography,

agriculture, and package delivery is now being repurposed for military use

and illegal activities. In the Russo–Ukrainian war, drones are now used to

carry advanced reconnaissance capabilities or are equipped with remotely

detonated explosives. Along a …