Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3391 - 3420 of 13079

Full-Text Articles in Entire DC Network

Foreign Military Educations As Pla Soft Power, John S. Van Oudenaren, Benjamin E. Fisher Dec 2016

Foreign Military Educations As Pla Soft Power, John S. Van Oudenaren, Benjamin E. Fisher

The US Army War College Quarterly: Parameters

No abstract provided.


Drone Zoning, Troy A. Rule Dec 2016

Drone Zoning, Troy A. Rule

North Carolina Law Review

The growing popularity of small civilian drones has generated a wide array of complex and unprecedented regulatory challenges. Many of these challenges, such as keeping drones away from manned aircraft, are matters that the Federal Aviation Administration (“FAA”) is clearly authorized and well equipped to address. However, several other drone policy challenges relate solely to drones’ potential to disrupt landowners’ privacy and to otherwise interfere with activities on the ground. The nature and severity of these conflicts often varies greatly depending on a drone’s specific location; drone uses that are welcomed in some city neighborhoods may be prohibitively disruptive in …


The Chief Justice And Statutory Construction: Holding The Government's Feet To The Fire, Pratik A. Shah Dec 2016

The Chief Justice And Statutory Construction: Holding The Government's Feet To The Fire, Pratik A. Shah

Cardozo Law Review

The article examines Chief Justice John Roberts' approach to statutory construction, highlighting his tendency to limit government overreach by narrowly interpreting statutes, particularly in federal criminal law and agency deference cases. His decisions reflect a commitment to curbing prosecutorial and agency discretion, ensuring the government operates within legal boundaries.


Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite Dec 2016

Saving The Farm Or Giving Away The Farm: A Critical Analysis Of The Capital Gains Tax Preferences, Phyllis C. Taite

San Diego Law Review

This Article addresses some of the inequities and offers a multi-faceted proposal to raise revenue and incentivize preferences for a more balanced approached to tax policy. First, I advance a proposal that offers solutions to shift certain aspects of the capital gains tax preferences toward the middle and lower class. To balance the costs, I then propose an option to phase out or eliminate other preferences that primarily benefit the wealthiest taxpayers. This balanced approach will allow the government to raise revenue and change the capital gains tax preferences from a rewards to an incentive-based system. Part II of this …


The Army's Identity Crisis, Gates Brown Dec 2016

The Army's Identity Crisis, Gates Brown

The US Army War College Quarterly: Parameters

No abstract provided.


Turning It Up To Eleven: Belligerent Rhetoric In North Korea's Propaganda, Mason Richey Dec 2016

Turning It Up To Eleven: Belligerent Rhetoric In North Korea's Propaganda, Mason Richey

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2016

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman Dec 2016

Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman

North Carolina Journal of Law & Technology

No abstract provided.


The Birth Of A Legal Economy: Lawyers And The Development Of American Commerce, Justin Simard Dec 2016

The Birth Of A Legal Economy: Lawyers And The Development Of American Commerce, Justin Simard

Buffalo Law Review

No abstract provided.


A Sisterhood Of Arms: Envisioning Conscription And Selective Service Post-Gender Integration Of Combat Arms, Erin R. Goldberg Dec 2016

A Sisterhood Of Arms: Envisioning Conscription And Selective Service Post-Gender Integration Of Combat Arms, Erin R. Goldberg

Buffalo Law Review

No abstract provided.


From The Editor, Antulio J. Echevarria Ii Dec 2016

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Solving America's Gray-Zone Puzzle, Isaiah Wilson Iii, Scot Smitson Dec 2016

Solving America's Gray-Zone Puzzle, Isaiah Wilson Iii, Scot Smitson

The US Army War College Quarterly: Parameters

No abstract provided.


Strategic Uncertainty, The Third Offset, And The Us Grand Strategy, Ionut C. Popescu Dec 2016

Strategic Uncertainty, The Third Offset, And The Us Grand Strategy, Ionut C. Popescu

The US Army War College Quarterly: Parameters

No abstract provided.


Article Index Parameters 2016, Usawc Press Dec 2016

Article Index Parameters 2016, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Compliance, Technology, And Modern Finance, Tom C.W. Lin Dec 2016

Compliance, Technology, And Modern Finance, Tom C.W. Lin

Brooklyn Journal of Corporate, Financial & Commercial Law

An important transformation is happening in the financial industry. The rise of new technology and compliance has dramatically altered many of the key functions and functionaries of modern finance. Artificial intelligence, algorithmic programs, and supercomputers, instead of human actors, now constitute the core of many financial operations. Compliance officers have become just as critical to financial institutions as traders, bankers, and analysts. Finance as we knew it has changed and continues to change. This symposium Article offers a studied commentary on these unfolding changes, the crosscutting developments in compliance, technology, and modern finance. It examines the concurrent and intersecting ascents …


Summary Reversals In The Roberts Court, Edward A. Hartnett Dec 2016

Summary Reversals In The Roberts Court, Edward A. Hartnett

Cardozo Law Review

The article examines the use of summary reversals by the Roberts Court, arguing that these decisions—where the Court reverses lower court rulings without full briefing or oral argument—serve important administrative functions and address specific types of errors, despite longstanding criticism. The author identifies patterns in the areas of law and types of errors targeted by these reversals, concluding that the practice persists due to its utility in maintaining judicial hierarchy and efficiency, even as critics question its propriety.


The Roberts Court And The New Textualism, Anton Metlitsky Dec 2016

The Roberts Court And The New Textualism, Anton Metlitsky

Cardozo Law Review

The article explores the Roberts Court's approach to statutory interpretation, focusing on its adherence to the "new textualism," a methodology emphasizing the plain meaning of statutory text. While recent cases like King v. Burwell, Bond v. United States, and Yates v. United States appear to prioritize statutory purpose over textual meaning, the Court's reasoning reinforces its commitment to textualism by framing decisions within textualist methodology, even when outcomes seem to depart from strict textual interpretation.


Secrecy, Democracy And War: A Review, Brian Martin Nov 2016

Secrecy, Democracy And War: A Review, Brian Martin

Secrecy and Society

No abstract provided.


The Tension Between Privacy And Security, Susan Maret, Antoon De Baets Nov 2016

The Tension Between Privacy And Security, Susan Maret, Antoon De Baets

Secrecy and Society

No abstract provided.


The Charm Of Secrecy: Secrecy And Society As Secrecy Studies, Susan Maret Nov 2016

The Charm Of Secrecy: Secrecy And Society As Secrecy Studies, Susan Maret

Secrecy and Society

No abstract provided.


Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve Nov 2016

Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve

Legal History Publications

In August of 1814, a New York farmer named Jacob E. Mott refused to rendezvous with the militia pursuant to the orders of Governor Daniel D. Tompkins as commanded by President James Madison. In 1818, Mott was court martialed and fined ninety-six dollars. One year later, Mott brought an action in replevin in the New York state courts to recover chattel taken from him by a deputy marshal in lieu of the ninety-six dollars. Both the New York trial and appellate courts sided with Mott. In a unanimous opinion authored by Justice Joseph Story, the Supreme Court of the United …


Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman Nov 2016

Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman

Georgia Journal of International & Comparative Law

No abstract provided.


Open Source Tactics: Bargaining Power For Strategic Litigation, James Skelley Nov 2016

Open Source Tactics: Bargaining Power For Strategic Litigation, James Skelley

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Utility Of Table-Top Exercises In Teaching Nuclear Security, Christopher Hobbs, Luca Lentini, Matthew Moran Nov 2016

The Utility Of Table-Top Exercises In Teaching Nuclear Security, Christopher Hobbs, Luca Lentini, Matthew Moran

International Journal of Nuclear Security

In the emerging field of nuclear security, those responsible for education and training are constantly seeking to identify and engage with tools and approaches that provide for a constructive learning environment. In this context, this paper explores the nature and value of Tabletop exercises (TTX) and how they can be applied in the nuclear security context. On the one hand, the paper dissects the key components of the TTX and considers the broader pedagogical benefits of this teaching method. On the other hand, the paper draws lessons from the authors’ experience of running TTXs as part of nuclear security professional …


Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard Nov 2016

Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard

International Law Studies

This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.


How And Why International Law Binds International Organizations, Kristina Daugirdas Nov 2016

How And Why International Law Binds International Organizations, Kristina Daugirdas

Articles

For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (“IOs”) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and environmental protection. In this Article, I aim to resolve the controversy by supplying a theory about when and how international law binds IOs. I conclude that international law binds IOs to the same degree that it binds states. That is, IOs are not more extensively or more readily bound; nor are they less extensively or less readily bound. This means that IOs, …


Cyberwar, International Politics, And Institutional Design, Daniel Abebe Nov 2016

Cyberwar, International Politics, And Institutional Design, Daniel Abebe

Public Law and Legal Theory Working Papers

No abstract provided.


Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner Nov 2016

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …


1839 – California: A History Of Upper And Lower California From Their First Discovery To The Present Time, Alexander Forbes Nov 2016

1839 – California: A History Of Upper And Lower California From Their First Discovery To The Present Time, Alexander Forbes

Miscellaneous Documents and Reports

The first full account in English to relate exclusively to California, this book covers the history, climate, soil, natural productions, agriculture, and commerce, as well as the establishment of the missions and the conditions of the “free and domesticated” Indians. It includes an appendix on steam navigation in the Pacific.


The Rico Trend In Class Action Warfare, Briana Lynn Rosenbaum Nov 2016

The Rico Trend In Class Action Warfare, Briana Lynn Rosenbaum

Scholarly Works

Aggregate litigation, including class actions and mass actions, have been under attack for decades. Recent Supreme Court cases have further weakened class actions, and the current Congress is considering numerous aggregate litigation and tort reform efforts. Recently, defendants in aggregate litigation have employed an additional tactic by filing civil RICO cases against plaintiffs’ counsel. In a number of these cases, defendants’ primarily allegation is that plaintiffs’ counsel are fraudulently inflating the value of lawsuits by filing baseless lawsuits as part of aggregate litigation. In some of these cases, the predicate acts consist solely of litigation filings: the filing of complaints …