Digital Commons Network^™

Nuclear Weapons And Crimes Against Humanity Under International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

A Look At The Fourth Amendment Implications Of Drone Surveillance By Law Enforcement Today, Mary Mara

ConLawNOW

This paper will examine the current state of drone technology and its increasing prevalence in private and public settings. As police agencies seek to incorporate this new technology into their crime-fighting arsenal, serious Fourth Amendment privacy considerations arise. Although a national debate rages in this country about the impact of modern technology on privacy rights, Congress, the Federal Aviation Authority (FAA), and the Supreme Court have yet to weigh in on the Fourth Amendment implications of warrantless drone surveillance by law enforcement. Furthermore, while some states have attempted to step into the breach by passing legislation which limits the use …

Diocesan Self-Insurance Programs: The Philadelphia Approach, John P. O'Dea

The Catholic Lawyer

No abstract provided.

International Coverage, Human Rights Brief

Human Rights Brief Fall 2017 Regional Coverage

No abstract provided.

The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez

St. Mary's Journal on Legal Malpractice & Ethics

Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …

50 Years Was Too Long To Wait: The Syrian Refugee Crisis Has Highlighted The Need For A Second Optional Protocol To The 1951 Convention Relating To The Status Of Refugees, Yvonne S. Brakel, Rachel E. Kester, Samantha L. Potter

University of Arkansas at Little Rock Law Review

No abstract provided.

Prosecuting Members Of Isis For Destruction Of Cultural Property, Cody Corliss

Florida State University Law Review

This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of …

Joint Submission To The Human Rights Committee: Draft General Comment 36 On Article 6, On The Right To Life, American Civil Liberties Union (Aclu), Human Rights Clinic, International Commission Of Jurists, Open Society Justice Initiative, Rights Watch (Uk)

Human Rights Institute

Columbia Law School’s Human Rights Clinic, the International Commission of Jurists, the Open Society Justice Initiative, the American Civil Liberties Union, and Rights Watch (UK) welcome the opportunity to provide the Human Rights Committee (the Committee) with the following observations on its draft General Comment on Article 6 (the draft) of the International Covenant on Civil and Political Rights (the Covenant) on the right to life, ahead of its second reading.

Joint Civil Society Statement On Armed Drones, Sophia Wistenhube

Human Rights Institute

I am presenting a statement that has been endorsed by 46 civil society organisations, from 17 countries. We are committed to preventing and mitigating harm, including violations of international human rights and humanitarian law, from the use of drones in domestic and international deployments of force.

Case Global: Alumni, Faculty And Students Join Fight For Immigrant Rights In U.S., Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 9, No. 1 (2017)

• Alumni, faculty and students join fight for immigrant rights in U.S. (cover)
• Special Report: Fighting for Immigrant Rights
• LLM Program Earns Top Ranking
• Jessup and Vis Teams Win Top Honors
• Journal of International Law Celebrates 50th Year
• Law School in Cutting Edge in Foreign Partnerships
• Foreign Policy Talk Radio Show Renewed for Fifth Year
• Law School Partners in Nation’s First Graduate Program in Military Ethics
• Financial Integrity Degree Expanding to D.C.
• Law School Receives Historic Grant for Human Trafficking Program
• Law Students Intern Around the World
• “How I Spent My Summer”
• 2017-18 Conferences and Lectures …

Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine

Cardozo International & Comparative Law Review

The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.

Scriptural Justification For The American Revolution, Samuel Ewing

Senior Honors Theses

This thesis will seek to examine the intention of the Founding Fathers regarding their decision to break from England in what became the American Revolution. On July 4^th, 1776, fifty-five men gathered to sign the defining document of their cause – the Declaration of Independence. As the document presents the climactic argument against the English crown, this thesis will seek to analyze its writers’ intentions, presuppositions, and rationalizations. Ultimately, this thesis will demonstrate that the Founders not only sought biblical justification for their actions and opinions, but followed the letter of biblical and common law in order to …

Going Postal: Analyzing The Abuse Of Mail Covers Under The Fourth Amendment, Julie L. Rooney

Vanderbilt Law Review

Since at least the late 1800s, the United States government has regularly tracked the mail of many of its citizens. In 2014 alone, for example, the government recorded all data on the outside of the mail parcels of over 50,000 individuals via a surveillance initiative known as the mail covers program. In the current age of mass surveillance, this program-like all surveillance initiatives-has grown exponentially. Unbeknownst to most citizens, the government now photographs and records the exterior of each of the roughly 160 billion mail parcels delivered by the USPS every year. Still, despite its ability to allow governmental authorities …

The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.

The Catholic Lawyer

No abstract provided.

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Fate Of Durable Solutions In Protracted Refugee Situations: The Odyssey Of Afghan Refugees In Pakistan, Waseem Ahmad

Seattle Journal for Social Justice

No abstract provided.

Balancing Rights: The Modern Problem, Rev. Thomas A. Russman

The Catholic Lawyer

No abstract provided.

Pale And Wan, Comatose Maybe, But Not Dead: A Response To Bleimaier, Sanford R. Silverburg

The Catholic Lawyer

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Warfare As Regulation, Robert Knowles

Washington and Lee Law Review

The United States government’s national security activities, including the use of force, consume more than half of all federal discretionary spending and are carried out by the world’s largest bureaucracy. Yet existing scholarship treats these activities as conduct to be regulated, rather than as forms of regulatory action.

This Article introduces a new paradigm for depicting what agencies involved in national security do. It posits that, like other agencies, the national security bureaucracy is best understood to be engaging in regulatory activity—by targeting, detaining, interrogating, and prosecuting enemies; patrolling the border; and conducting surveillance and covert actions. Also, like other …

The Constitutional Ratchet Effect, Kevin M. Stack

Vanderbilt Law School Faculty Publications

Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism-that is, interpreting and elaborating the Constitution differently than other forms of law. They conclude that the characteristics of the Constitution they consider do not justify interpretive exceptionalism- at most, the "Constitution's principal distinguishing feature may be the fact that people think the Constitution is special- that it has a kind of mythological status." As Serkin and Tebbe see it, the extent to which individuals view the Constitution or constitutional law as special is best …

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

The Total People's Defense And Security System: Problems Of The State-Sponsored Militia In Indonesia, Bhatara Ibnu Reza

Indonesia Law Review

The establishment of state-sponsored militia has raised concerns of human rights violations in non-international armed conflict in Indonesia. Most of the state-sponsored militia have been formed and tacitly supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia) mostly based on the implementation of a concept called the Total People’s Defense and Security System (sistem pertahanan rakyat semesta-sishankamrata). The Total People’s Defense and Security System is the grand strategy adopted based on Indonesia’s experience during Indonesia’s physical revolution or armed struggle for independence (1945-1949) and recognized under the Second Amendment to the 1945 Constitution. This article will elaborate on, first, …

Deep Seeded Problems: A Look At Seed Bank Regulations, Jasmine Patel

Seattle Journal of Environmental Law

This paper examines the importance of preserving plant biodiversity through the use of genetic seed vaults, and how effective global legal and regulatory plans aimed at such preservation are in comparison to approaches being undertaken in the United States. An example of such initiatives, the Svalbard Global Seed Vault in Norway, is meant to act as a global back up for other nation’s seed vaults. However, Norway’s laws do not allow for genetically modified organisms (“GMOs”) to be imported, including seeds from genetically modified plants. The United States needs to make sure that domestic vaults are protected by proper regulations …

Hanford Nuclear Site: Remediating To A Standard Safe For All Or Some?, Dylane Jacobs

Seattle Journal of Environmental Law

The cleanup of the Hanford Nuclear Site is one of the largest cleanups undertaken in the U.S. and is governed by many Federal and State environmental statutes. While CERCLA and the later SARA amendments should require the U.S. Department of Energy to clean up the site to a level acceptable for Native American tribes, thus far they have failed to do so. The U.S. Department of Energy can, and should, act to be more effective at remedying the injustices and cleanup of Hanford to the level needed for the historical use of the land.

On The Prevention Of Violence, Robert A. Friedlander

The Catholic Lawyer

No abstract provided.

Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford

International Law Studies

This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human …

How China’S Views On The Law Of Jus Ad Bellum Will Shape Its Legal Approach To Cyberwarfare, Julian Ku

Hofstra Law Faculty Scholarship

No abstract provided.

The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century

International Law Studies

The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics …

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales

BYU Law Review

In this paper, we set out to explore conditions in which the use of large linguistic corpora can be optimally employed by judges and others tasked with construing authoritative legal documents. Linguistic corpora, sometimes containing billions of words, are a source of information about the distribution of language usage. Thus, corpora and the tools for using them are most likely to assist in addressing legal issues when the law considers the distribution of language usage to be legally relevant. As Thomas R. Lee and Stephen C. Mouritsen have so ably demonstrated in earlier work, corpus analysis is especially helpful when …