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Articles 3121 - 3150 of 13079
Full-Text Articles in Entire DC Network
Waging Financial Warfare: Why And How, David J. Katz
Waging Financial Warfare: Why And How, David J. Katz
The US Army War College Quarterly: Parameters
No abstract provided.
Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello
Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello
The US Army War College Quarterly: Parameters
No abstract provided.
Beyond Surprise Attack, Lawrence Freedman
Beyond Surprise Attack, Lawrence Freedman
The US Army War College Quarterly: Parameters
No abstract provided.
Excessive Lethal Force, Melissa Hamilton
Excessive Lethal Force, Melissa Hamilton
Northwestern University Law Review
This Essay considers the use by Dallas police officers of a robot armed with plastic explosives to kill a suspected gunman on a shooting rampage in 2016. In the wake of Dallas, many legal experts in the news maintained that the police action was constitutional. The commentators' consensus was that as long as the police had the right to use lethal force, then the means of that force is irrelevant. This Essay argues the contrary. Under the current state of the constitutional law on the police use of force on a suspected felon, excessive lethal force is a valid consideration. …
Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang
Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang
Research Collection School Of Computing and Information Systems
In this paper, we estimate the impact of enforcing the Convention on Cybercrime (COC) on deterring distributed denial of service (DDOS) attacks. Our data set comprises a sample of real, random spoof-source DDOS attacks recorded in 106 countries in 177 days in the period 2004-2008. We find that enforcing the COC decreases DDOS attacks by at least 11.8 percent, but a similar deterrence effect does not exist if the enforcing countries make a reservation on international cooperation. We also find evidence of network and displacement effects in COC enforcement. Our findings imply attackers in cyberspace are rational, motivated by economic …
Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs
Why Religious Freedom? Why The Religiously Committed, The Religiously Indifferent, And Those Hostile To Religion Should Care, Brett G. Scharffs
BYU Law Review
No abstract provided.
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Faculty Scholarship
The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …
Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp
Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp
Faculty Scholarship
Amici curiae, legal experts in international and constitutional law, believe that a majority of the en banc panel in Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016) (en banc), mistakenly affirmed Ali Hamza Ahmad Suliman al Bahlul’s conviction by a military commission for a non-international war crime. The main concurring opinion in that case misconceived how international law defines the jurisdiction of law-of-war military commissions. As amici argue below, it is the Constitution—not international law—that limits the jurisdiction of lawof-war military commissions.
2002 - Early California Laws And Policies Related To California Indians, Kimberly Johnston-Dodds
2002 - Early California Laws And Policies Related To California Indians, Kimberly Johnston-Dodds
Miscellaneous Documents and Reports
The report is a response to the question: Did the State of California enact laws that prohibited California Indians from practicing their religion, speaking their languages or practicing traditional ceremonies and customs? Four examples of early California laws and policies that significantly impacted California Indians’ way of life are discussed: 1850 Act for the Government and Protection of Indians and related amendments; California militia policies and “Expeditions against the Indians” during 1851 to 1859; the State of California’s official response to federal treaties negotiated with California Indians during 1851 to 1852; and early and current state fish protection laws that …
(Re)Evaluating The Burger Court, L.A. Powe, Jr.
(Re)Evaluating The Burger Court, L.A. Powe, Jr.
Tulsa Law Review
Reviewing: EARL M. MALTZ, THE COMING OF THE NIXON COURT: THE 1972 TERM AND THE TRANSFORMATION OF CONSTITUTIONAL LAW (UNIVERSITY PRESS OF KANSAS 2016); MICHAEL J. GRAETZ AND LINDA GREENHOUSE, THE BURGER COURT AND THE RISE OF THE JUDICIAL RIGHT (SIMON AND SHUSTER 2016).
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Duke Law & Technology Review
Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.
1874 - The Indian Question, Francis A. Walker
1874 - The Indian Question, Francis A. Walker
US and Indian Relations
This 1874 book consists of two articles previously published in "The North American," April 1873 (The Indian Question), and "The International Review, May 1874 (Indian Citizenship), along with an account of the numbers, locations, and the social and industrial conditions of each important tribe and band of Indians within the United States. The Indian question is divided into two: "What shall be done with the Indian as an obstacle to the national progress? What shall be done with him when, and so far as, he ceases to oppose or obstruct the extension of railways and settlements? …
Gun Law History In The United States And Second Amendment Rights, Robert J. Spitzer
Gun Law History In The United States And Second Amendment Rights, Robert J. Spitzer
Law and Contemporary Problems
No abstract provided.
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
1907 - Annual Reports Of Department Of Interior For 1906 On Indian Affairs
1907 - Annual Reports Of Department Of Interior For 1906 On Indian Affairs
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
The Drone Question: Legality, Ethics, And The Need To Recognize Transnational Armed Conflict, Matthew T. Mueller
The Drone Question: Legality, Ethics, And The Need To Recognize Transnational Armed Conflict, Matthew T. Mueller
Senior Honors Projects, 2010-2019
This work focuses on the legality and ethics of targeted killings via drones conducted by the United States. The first section of this work looks at the use of drone strikes by the U.S. government as they fall outside of the traditional notion of a zone of armed conflict, that being one that can be defined geographically and temporally, and explores whether these strikes could be considered legal under international humanitarian law and the international law of self-defense. This work assumes that an armed conflict exists between the United States and the non-state armed actors that have been targeted by …
Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell
Israel And Palestine- An Analysis Of The 2014 Israel-Gaza War From A Genocidal Perspective, Shannon M. Culverwell
Senior Honors Projects, 2010-2019
During the 2014 Israel-Gaza War, approximately 2,251 Palestinians and 73 Israelis were killed as a result of the fifty-one day long conflict. As the deadliest and most destructive conflict since 1948, the international community has widely condemned the actions taken by Israeli and Palestinian actors throughout the conflict. Despite international condemnation, currently the International Criminal Court (ICC) is the only institution conducting a criminal investigation into the recent conflict. Upon Palestine accession into the Rome Statute in June of 2015, the ICC opened a preliminary examination regarding alleged crimes committed in the occupied territory of Palestine since June 13, 2014. …
1918 - Report Of The Commissioner Of Indian Affairs For 1918
1918 - Report Of The Commissioner Of Indian Affairs For 1918
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
Indirect Sovereignty Through Property Rights, Andreas Rahmatian
Indirect Sovereignty Through Property Rights, Andreas Rahmatian
Notre Dame Journal of International & Comparative Law
The careful distinction between property and sovereignty is a central part of legal thought from the early modern period onwards. But the reality shows that this division is socioeconomically not that clear. Property rights are rights against persons in relation to things, but effectively they can be rights over people in relation to resources and space—notional, conceptual, or real. Examples of this general trend are the international financial system and international intellectual property protection. If one looks at international commercial and banking law and the corresponding regulations, one realizes that the classical understanding of sovereignty in political philosophy and in …
The Legality And Conduct Of Drone Attacks, Waseem Ahmad Qureshi
The Legality And Conduct Of Drone Attacks, Waseem Ahmad Qureshi
Notre Dame Journal of International & Comparative Law
Amid contentions of legality and conduct of drone attacks, this paper explores the legitimacy of drone strikes in Pakistan and whether or not they constitute the “use of force” and an “act of war” under international law. This paper will define jus ad bellum—that is, whether it is justified to use force against non-state actors while also taking into consideration the consent of host states under the laws and regulations of the “use of force” and “self-defense” in the United Nations Charter and customary international law—in the context of armed conflict to discuss the legality of drone strikes. Likewise, this …
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller
Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller
Political Science Student Scholarship
This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.
The Plight Of Undocumented Female Migrants: Identifying Structural Factors That Contribute To The Proliferation Of Sex Trafficking And The Failings Of International Law, Hannah K. Valles
International and Global Studies Undergraduate Honors Theses
The aim of this thesis is to investigate the conditions at two specific border zones, the United States-Mexico border and the Mexico-Guatemalan border, that render undocumented female migrants vulnerable to abduction or recruitment into sexual exploitation. In addition to exploring the factors that expose women to trafficking networks, the study scrutinizes the legal failings of the international law-making community with regards to the safeguarding of women whose socio-economic conditions and environment of perpetual violence prompt their extralegal international movement. The paper provides an overview of the social, economic, and historical factors that underpin the flourishing of sex trafficking operations in …
Professor Emeritus Robert M. Byrn: A Remembrance, Joseph C. Sweeney
Professor Emeritus Robert M. Byrn: A Remembrance, Joseph C. Sweeney
Fordham Law Review
Robert M. Byrn, the Leonard F. Manning Distinguished Professor Emeritus of Fordham University School of Law, lost his long and painful battle with cancer on February 3, 2017, in his eighty-fifth year. His connections to Fordham encompassed the major part of his life. He received a B.S. from Fordham University College of Business Administration in 1953 and received a J.D. from Fordham University School of Law in 1959 after service with the U.S. Army in Korea in 1954–1955. As a law student, he served as an associate editor of the Fordham Law Review with the late Dean and Judge Joseph …
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
Vanderbilt Law Review
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the "apex" court in the federal judicial system, and so to relate hierarchically to "lower" federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the "percolation" of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
Taking Off The Blindfold: An End To Impunity In Nigeria, Harry K. Tiwari
Taking Off The Blindfold: An End To Impunity In Nigeria, Harry K. Tiwari
Brooklyn Journal of International Law
Reigning in Nigeria, Boko Haram, a terrorist organization has murdered over 15,000 civilians and forced over two million people away from their homes. To address such crimes, the International Criminal Court (ICC) was created after its founding treaty, the Rome Statute, entered into effect on July 1, 2002. The ICC’s mandate—to prosecute genocide, crimes against humanity, and war crimes—had remained unfulfilled, as it has only issued three verdicts in approximately fifteen years of existence and has failed to protect international humanitarian law. Historically, the U.N Security Council has established two successful international criminal tribunals, which investigated and prosecuted a specific …
The Era In Debate - What Can It Mean For Church Law?, Rev. Msgr. Anthony J. Bevilacqua
The Era In Debate - What Can It Mean For Church Law?, Rev. Msgr. Anthony J. Bevilacqua
The Catholic Lawyer
No abstract provided.
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.