Digital Commons Network^™

Regulating Religious Robots: Free Exercise And Rfra In The Time Of Superintelligent Artificial Intelligence, Ignatius Michael D. Ingles

Ateneo School of Law Publications

No abstract provided.

Cybersecurity For Infrastructure: A Critical Analysis, Eldar Haber, Tal Zarsky

Florida State University Law Review

Nations and their citizens rely on infrastructures. Their incapacitation or destruction could prevent nations from protecting themselves from threats, cause substantial economic harm, and even result in the loss of life. Therefore, safeguarding these infrastructures is an obvious strategic task for any sovereign state. While the need to protect critical infrastructures (CIs) is far from novel, digitization brings new challenges as well as increased cyber-risks. This need is self-evident; yet, the optimal policy regime is debatable. The United States and other nations have thus far opted for very light regulation, merely encouraging voluntary steps while choosing to intervene only in …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

The Strategic Challenges Of Urban Warfare, Christian Aditya Niksch

Electronic Theses and Dissertations

With urbanization on the rise, policymakers cannot ignore urban conflicts. In the aftermath of the Cold War, several scholars were of the opinion that primitive modes of fighting, such as close combat, would cease to be used. However, as urban spaces have increasingly become battlefields in the 21st century, there has been a retrogression to a brutal and bloody mode of fighting. This return of primitivism affects the tactics that the military can use in urban warfare, which makes it a daunting strategic challenge. A combined focus on policy, strategy, and operations is necessary to improve thinking about how exactly …

The War On Syrian Girls: Supporting The Criminalization Of Sex-Related Violence And Trafficking Of Minor Refugees, Megan Rossman

Children's Legal Rights Journal

No abstract provided.

The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright

Intercultural Human Rights Law Review

The persistence of brutal warfare sparked an international movement against torture at the turn of the twentieth century. By 1948, the Universal Declaration of Human Rights (UDHR) introduced a ban on torture.' Two decades later, the International Covenant on Civil and Political Rights (ICCPR) followed suit, prohibiting member States from subjecting individuals to torture. However, in decades following said treaties, brutal dictatorships proved that short provisions in international documents are not enough to prevent torture. The plight of Chilean dictator Augusto Pinochet illustrated the weaknesses of the international framework on torture. Despite the heinous acts of torture committed under his …

Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green

UIC John Marshall Journal of Information Technology & Privacy Law

Colleges and universities are prime targets for cyberattacks. Authors Gregory L. Demers, Seth C. Harrington, Mark A. Cianci, and Nicholas R. Green explore emerging data security risks and litigation trends on college campuses, and offer ways to manage these risks through a comprehensive insurance plan. Given the increasing variety and complexity of plans available, it is incumbent upon universities to regularly reassess the coverage afforded by their existing policies.

The Second Amendment And The Struggle Over Cryptography, Eric Rice

UC Law Science and Technology Journal

No abstract provided.

Trying On Trade Dress: Using Trade Dress To Protect The Look And Feel Of Video Games, 17 J. Marshall Rev. Intell. Prop. L. 109 (2017), Benjamin Lockyer

UIC Review of Intellectual Property Law

With the creation of video games for smart phones, video games are some of the most accessible forms of entertainment on the market. What was once only an attraction inside the designated location of arcade halls, is now within the grip of nearly every smart phone user. With new game apps for smart phones going viral on a regular basis, the video game industry has become one of the most profitable in the entertainment realm. However, the industry's overall success has also led to increased competition amongst game developers. As a result, competing developers create near exact copies of highly …

Apostate Religion In The Book Of Mormon, A Keith Thompson

Law Papers and Journal Articles

Nephite missionaries in the first century BC had significant difficulty preaching the gospel among Nephites and Lamanites who followed Zoramite and Nehorite teaching. Both of these groups built synagogues and other places of worship suggesting that some of their beliefs originated in Israelite practice, but both denied the coming or the necessity of a Messiah. This article explores the nature of Zoramite and Nehorite beliefs, identifies how their beliefs and practices differed from orthodox Nephite teaching, and suggests that some of these religious differences are attributable to cultural and political differences that resonate in the present.

A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, James D. Wilets, Areto A. Imoukhuede

Faculty Scholarship

No abstract provided.

Challenges And New Frontiers: National Courts As The Frontline Of International Law, Margaret Mckeown

American University International Law Review

No abstract provided.

Civil War Time: From Grotius To The Global War On Terror, David Armitage

American University International Law Review

No abstract provided.

Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod

American University Law Review

On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …

The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi

UIC Law Review

This paper will focus mainly on the use, manufacturing, trafficking, and adverse effects of narcotic drugs. In addition, the major laws against the manufacturing, use, and trafficking of drugs will also be discussed, and the successes and hurdles in preventing the trafficking, use, and manufacturing of narcotic drugs will also be evaluated. Strictly curbing the manufacturing and trafficking of narcotic drugs can reduce the spread of this abhorrence in society.

War And Passion: Who Keeps The Art?, Margaret M. Miles

Case Western Reserve Journal of International Law

Here, I would like to recall how and where ideas about repatriation, restitution, and proper ownership of art got started, a subject I have explored in detail elsewhere.

The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons

Cardozo Law Review de•novo

For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent—including Justice Kennedy—warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well.

Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte

Brooklyn Law Review

This article argues that there is a connection between formal equality for LGBT Americans and the United States’ foreign policy and national security interests. It makes that connection utilizing Professor Derek Bell’s interest convergence paradigm. It argues that the new agenda of the American Religious Right is one that seeks to assert quasi-theocratic and anti-Establishment positions in litigation as well as in its promulgation of anti-LGBT laws. This agenda is cloaked in the garb of “religious freedom,” but the Religious Right’s definition of “religious freedom” is one that runs counter to our long-standing understanding of that principle as one that …

Prosecutorial Ethics In Retrospect, Bruce A. Green

Faculty Scholarship

This essay examines the ethical regulation of prosecutors over the past three decades. The topic is important from the perspective of criminal justice, no less than legal ethics, because prosecutors are centrally responsible for administering the criminal law. Courts assume that the principal role in regulating prosecutors should be played by the states' formal attorney disciplinary processes rather than by civil liability or judicial oversight in criminal cases. However, there has been a well-justified academic and professional consensus that the disciplinary processes fail to fulfill their expected role because, when it comes to prosecutors, ethics rules are neither sufficiently restrictive …

On The Civil-Ness Of Civil War: A Comment On David Armitage's Civil War Time, Mary Dudziak

American University International Law Review

No abstract provided.

Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick

UC Law Science and Technology Journal

No abstract provided.

"Cybervandalism" Or "Digital Act Of War?" America's Muddled Approach To Cyber Incidents Will Not Deter More Crises, Charles J. Dunlap Jr.

Faculty Scholarship

If experts say a "malicious [cyber] code"' has "similar effects" to a "physical bomb,"' and that code actually causes "a stunning breach of global internet stability," is it really accurate to call that event merely an instance of a "cyber attack"?

Moreover, can you really expect to deter state and non-state actors from employing such code and similarly hostile cyber methodologies if all they think that they are risking is being labeled as a cyber-vandal subject only to law enforcement measures? Or might they act differently if it were made clear to them that such activity is considered an "armed …

Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg

Articles

No abstract provided.

Busting Up The Pretrial Industry, Andrew S. Pollis

Faculty Publications

It is by now axiomatic that the objective of the civil lawsuit has evolved. Litigants no longer routinely resolve their disputes through trial but instead engage in pretrial battles designed to extract favorable settlements. Modern litigation revolves around protracted discovery and dispositive motions, driven by two primary dynamics: (1) the maximization of fees for lawyers who charge their clients by the hour; and (2) the desire to make litigation as painful as possible for an adversary so that settlement becomes the adversary’s better option. We have, in short, fostered a pretrial industry that can relegate the merits of a dispute …

Protecting Our Defenders: The Need To Ensure Due Process For Women In The Military Before Amending The Selective Service Act, Kelsey L. Campbell

UC Law Constitutional Quarterly

On January 1, 2016, all previously closed frontline military occupations were opened to women for the first time in U.S. history. Shortly thereafter, several military leaders and politicians stated that due to the change in policy, women were then "equal to men" in the military and, therefore, should be required to register for Selective Service-the system that maintains a list of Americans fit for service in the event a military draft is requested by the president. While the recent change extended employment opportunity to women within the military, a number of polices and laws prevent women from achieving equality in …

Majority Rule And The Future Of Judicial Selection, Richard W. Painter, Michael J. Gerhardt

Articles

No abstract provided.

The 2016 Stein Lecture: A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor And Professor Robert A. Stein, Robert Stein, Sonia Sotomayor

Articles

No abstract provided.

A View From The Trenches: A Reply To Professor Waller’S How Much Health Care Antitrust Is Really Antitrust?, Roxane C. Busey

Loyola University Chicago Law Journal

No abstract provided.

Unravelling Power Dynamics In Organizations: An Accountability Framework For Crimes Triggered By Lethal Autonomous Weapons Systems, Tetyana Krupiy

Loyola University Chicago International Law Review

No abstract provided.

The Protection Of Cultural Heritage By International Law In Armed Conflict, Waseem Ahmad Qureshi

Loyola University Chicago International Law Review

No abstract provided.