Digital Commons Network^™

Context At The International Criminal Court, Hassan Ahmad

Pace International Law Review

In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s jurisdiction. Procedurally, …

The Legal Implications Of Sony's Cyberhack, Alex Campbell

Oklahoma Journal of Law and Technology

No abstract provided.

The Brussels Peace Conference Of 1874 And The Modern Laws Of Belligerent Qualification, Tracey Leigh Dowdeswell

Osgoode Hall Law Journal

The Brussels Conference of 1874 was convened after the Franco-Prussian War (1870-71). At stake was not only the restoration of the fragile balance of power in Europe, but also the articulation of a new ideal of warfare and its role in the European state system. This article discusses the Conference in relation to the “new war” thesis put forth by Mary Kaldor in New and Old Wars (1999). It was at Brussels that the “old war” crystalized as a political ideal: war would be a tournament, fought by professional armies, organized by nation states; civilians who refrained from participation would …

The Temptation Of Executive Authority: How Increased Polarization And The Decline In Legislative Capacity Have Contributed To The Expansion Of Presidential Power, Edward G. Carmines, Matthew Folwer

Indiana Journal of Global Legal Studies

This paper argues that our increasingly polarized politics has led to political stalemate and policy gridlock in Congress which, in turn, have contributed to a change in the balance of power between the executive and legislative branches of government; specifically, executive power has increased at the expense of a diminished legislature. The paper will trace the extent to which Congress has become increasingly polarized and how this increased polarization has reduced Congress's capability and productivity while simultaneously increasing policy gridlock resulting in the expansion of executive power (and judicial authority) relative to legislative authority

The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability, Sudha Setty

Indiana Journal of Global Legal Studies

The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.

How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted …

Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Role of Property in Secure Societies

October 19-21, 2016

Panel 1: Land Titling, Inclusion, and the Role of Property Rights in Secure Socities

Panel 3: Property's Role in the Fundamental Political Structure of Nations

Panel 5: Eminent Domain and Expropriations as Wealth Redistribution Tools

Panel 6: Defining and Protecting Property Rights in Intangible Assets

Panel 7: Rising Seas and Private Property: Advocates and Academics Debate Format

Panel 8: Property Rights as Defined and Protected by International Courts

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review (2009 - Present)

No abstract provided.

Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank

Utah Law Review

Training and dissemination of the fundamental rules and principles of law of armed conflict (LOAC) is the first step in any process to ensure lawful military operations. A soldier, a military unit, an entire military must know the rules and parameters for appropriate, lawful and effective action during armed conflict. In the same manner, accountability for violations of LOAC — whether individual criminal accountability or state responsibility — is an equally essential tool for enforcing the law. Exploring the intersection between these two endpoints of the spectrum of LOAC implementation highlights how training and accountability can actually work together to …

Blood Antiquities: Preserving Syria’S Heritage, Claire Stephens

Chicago-Kent Law Review

The recent large-scale looting of archaeological sites across Syria at the hands of ISIS has brought the devastating effects of the illegal international antiquities market into stark relief. Not only are these illicit excavations irreparably destroying human history, they also enable ISIS to sell Syria’s cultural property to fund their jihad. This note examines the international and domestic laws that regulate this illicit antiquities trade. This note further identifies that, while these laws provide a meaningful legal framework, their ineffective implementation prevents them from effectively regulating the illicit antiquities market. Without effective market regulation, buyers in art market countries will …

Modeling Median Will-Cost Estimates For Defense Acquisition Programs, Ryan Trudelle, Edward D. White, Clay Koschnick, Brandon Lucas

Faculty Publications

Purpose: The introduction of “should cost” in 2011 required all Major Defense Acquisition Programs (MDAP) to create efficiencies and improvements to reduce a program’s “will-cost” estimate. Realistic “will-cost” estimates are a necessary condition for the “should cost” analysis to be effectively implemented. Owing to the inherent difficulties in establishing a program’s will-cost estimate, this paper aims to propose a new model to infuse realism into this estimate.

Design/methodology/approach: Using historical data from 73 Departments of Defense programs as recorded in the selected acquisition reports (SARs), the analysis uses mixed stepwise regression to predict a program’s cost from Milestone B (MS …

What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder

UC Law SF Journal on Gender and Justice

The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.

The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Command Responsibility In The Twenty-First Century: The United States Basic Framework And Future Military (And Quasi-Military) Operations, Joshua E. Kastenberg

Faculty Scholarship

The article analyzes the constitutional basis of command responsibility as well as how this responsibility has been shaped by the Judicial Branch and Congress. It also briefly discusses the application of international law and human rights norms in the context of two models of future operations and the corresponding potential for command liability, beginning with the Commander in Chief. This article focuses on two principle areas of consideration. The first involves the use of non-military personnel who assist or take part in quasi-military roles. An increasing concern arises from questions over the extent of responsibility of United States command authorities …

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski

American Indian Law Journal

No abstract provided.

Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies

Florida Law Review

ISIS’s cultivation of social media has reinforced states’ interest in using automated surveillance. However, automated surveillance using artificial intelligence (“machine learning”) techniques has also sharpened privacy concerns that have been acute since Edward Snowden’s disclosures. This Article examines machine-based surveillance by the NSA and other intelligence agencies through the prism of international human rights.

Two camps have clashed on the human rights implications of machine surveillance abroad. The state-centric camp argues that human rights agreements like the International Covenant on Civil and Political Rights (ICCPR) do not apply extraterritorially. Moreover, the state-centric camp insists, machine surveillance is inherently unintrusive, like …

Killing A Culture: The Intentional Destruction Of Cultural Heritage In Iraq And Syria Under International Law, Caitlin V. Hill

Georgia Journal of International & Comparative Law

No abstract provided.

Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli

Georgia Journal of International & Comparative Law

No abstract provided.

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …

Toiling In Factory And On Farm: An Employer-Friendly Approach To The Compensability Of Donning And Doffing Activities Under The "Flsa", Jacob A. Bruner

Cleveland State Law Review

No realm of employment litigation has been more active in recent years than class action lawsuits under the Fair Labor Standards Act (FLSA). Although the FLSA was originally enacted to help those who toiled in factories and on farms obtain a fair day’s pay for a fair day’s work, it continues to haunt unwary employers nearly seventy years later. This Note attempts to resolve those problems through the proposition of a single, uniform, and employer-friendly standard for donning and doffing claims arising under the FLSA. Specifically, this Note argues that courts should construe the “integral and indispensable” test narrowly to …

Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson

The US Army War College Quarterly: Parameters

No abstract provided.

Us Air Force Airlift And The Army's Relevance, Robert C. Owen

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking Riley: Applying Commensurate And Intermediate Scrutiny Standards To Judicial Evaluation Of Charitable Solicitation Regulation, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

In Riley v. National Federation of the Blind, the Supreme Court struck down as unduly burdensome and unconstitutional a North Carolina statute requiring professional fundraisers to disclose to those solicited the average percentage of gross receipts actually turned over to the charity for all charitable solicitations conducted in the state within the previous twelve months. The Court applied a strict scrutiny standard of review of the regulated speech, rather than a more deferential intermediate or rational standard of scrutiny. The Court’s reasoning was that the commercial speech elements of the charity’s message were inextricably intertwined with the fully protected educational …

Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Human Rights Clinic, Coalition For Peace Action, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Openthegovernment

Human Rights Institute

We write today to express our deep concern regarding reports that the administration is considering weakening current policy standards for the use of force in counterterrorism operations.

What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver

The US Army War College Quarterly: Parameters

No abstract provided.

Employing Military Force In The 21st Century, Michel R. Matheny

The US Army War College Quarterly: Parameters

No abstract provided.