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Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell Jul 2016

Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell

Georgia Journal of International & Comparative Law

No abstract provided.


1893 - History Of Political Conventions In California, 1849-1892, Winfield J. Davis Jul 2016

1893 - History Of Political Conventions In California, 1849-1892, Winfield J. Davis

Miscellaneous Documents and Reports

The manuscript and copyright of this 1893 book written by Winfred J. Davis was purchased by the California State Library with the proviso that the Library publish the book thereby ensuring that it was preserved and made accessible. The document details the history of the California Political Conventions between 1849 and 1892 covering, but not limited to, the conventions held by the Democrats, Whigs, No-Nothing Party, Republicans, settlers and miners, Temperance, Douglas Democrats, and Breckenridge Democrats.


“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd Jul 2016

“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd

Indiana Law Journal

This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …


Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies Jul 2016

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

Law Faculty Scholarship

No abstract provided.


United States Interventions: Power Vacuums And The Rise Of Extremist Groups, Sarah Nicole Pedigo Jul 2016

United States Interventions: Power Vacuums And The Rise Of Extremist Groups, Sarah Nicole Pedigo

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to examine U.S. foreign policy in Iraq and Syria and the rise of violent extremist groups such as ISIS. By utilizing the integrated theory of violations of international criminal laws and the realpolitik theoretical frame, this qualitative case study analysis will explore how the U.S. foreign policy, driven by realpolitik and neo-liberalism in Iraq and Syria, resulted in the rise of violent extremist groups such as ISIS. It was concluded that if the United States were to remove the Assad regime and dismantle the Alawite ruling class as it did with the Hussein regime …


Syria: Can International Law Cope? Workshop Report, Christopher M. Ford Jun 2016

Syria: Can International Law Cope? Workshop Report, Christopher M. Ford

International Law Studies

The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …


Mapping War Crimes In Syria, Beth Van Schaak Jun 2016

Mapping War Crimes In Syria, Beth Van Schaak

International Law Studies

This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …


Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr. Jun 2016

Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The Device Of Fiction In Public International Law, Jean J. A. Salmon Jun 2016

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


Geopolitical Implications Of The Sino-Japanese East China Sea Dispute For The U.S., Bert Chapman Jun 2016

Geopolitical Implications Of The Sino-Japanese East China Sea Dispute For The U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Much analysis on Asian strategic challenges facing the U.S. has justifiably emphasized the South China Sea (SCS). This has also been reflected in 2016 presidential campaign debate on the SCS as an emerging area of U.S. foreign and national security policy concern. The East China Sea (ECS) is at least as important for the strategic interests of the U.S. and its allies given the tension between China and Japan over the Senkaku/Diaoyu islands, potential energy resources in this body of water, increasing defense spending by adjacent geographic powers, the area’s importance as a maritime international trade route, and the possibility …


Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch Jun 2016

Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford Jun 2016

The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford

William & Mary Environmental Law and Policy Review

No abstract provided.


The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice Jun 2016

The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice

William & Mary Environmental Law and Policy Review

No abstract provided.


Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu Jun 2016

Japan’S 2015 Security Legislation: Challenges To Its Implementation Under International Law, Hitoshi Nasu

International Law Studies

Japan’s new security legislation, enacted on September 30, 2015 amid fierce debate over its constitutionality, is designed to enable a “seamless response” to any security situation that may arise. While public debate has been fixated on the re-interpretation of Article 9 of the Japanese Constitution, which underpins the theoretical foundation of this new legislation, there are also important international law issues that need to be addressed. After briefly reviewing the historical background leading to the adoption of the new security legislation and its contents, this article examines how the Self-Defense Force (SDF) can respond with the use of force to …


Vitoria's Universalism And The World Rule Of Law, Thomas C. Donohue, S.J. Jun 2016

Vitoria's Universalism And The World Rule Of Law, Thomas C. Donohue, S.J.

The Catholic Lawyer

No abstract provided.


Weather Modification: A Modest Proposal, Lawrence A. Weirs Jun 2016

Weather Modification: A Modest Proposal, Lawrence A. Weirs

Georgia Journal of International & Comparative Law

No abstract provided.


Terrorism: The Proposed United States Draft Convention, William T. Bennett Jun 2016

Terrorism: The Proposed United States Draft Convention, William T. Bennett

Georgia Journal of International & Comparative Law

No abstract provided.


Attorneys, Propagandists, And International Business: A Comment On The Foreign Agents Registration Act Of 1938, Claude-Leonard Davis Jun 2016

Attorneys, Propagandists, And International Business: A Comment On The Foreign Agents Registration Act Of 1938, Claude-Leonard Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Application Of The Law Of War To Internal Conflicts, James E. Bond Jun 2016

Application Of The Law Of War To Internal Conflicts, James E. Bond

Georgia Journal of International & Comparative Law

No abstract provided.


Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens Iv Jun 2016

Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens Iv

Dissertations, Theses, and Capstone Projects

Leadership decapitation -- the practice of removing a leader from a position of authority through targeted killing (i.e. assassination) or arrest -- has long been a feature of counter-terrorism and counter-insurgency strategies the world over. Still, how effective is the practice of leadership decapitation in actually bringing a halt to, or even impeding, terrorist activity? Can removing top leaders of terrorist enclaves from power disrupt their groups to the point of organizational degradation or dissolution? And lastly, because no two terrorist groups are the same; when a terrorist group experiences leadership loss, how can the group be expected to react? …


The Tortuous Course Of Religious Freedom, Steven D. Smith Jun 2016

The Tortuous Course Of Religious Freedom, Steven D. Smith

Notre Dame Law Review

This Essay, written for a conference at Notre Dame on Dignitatis Humanae, considers new challenges to and issues for religious freedom that have arisen recently in a world significantly changed from that of the 1960s, when the Declaration was first issued.


Russian Special Operations Forces In Crimea And Donbas, Tor Bukkvoll Jun 2016

Russian Special Operations Forces In Crimea And Donbas, Tor Bukkvoll

The US Army War College Quarterly: Parameters

No abstract provided.


The "Chaudhry Court": Deconstructing The "Judicialization Of Politics" In Pakistan, Moeen H. Cheema Jun 2016

The "Chaudhry Court": Deconstructing The "Judicialization Of Politics" In Pakistan, Moeen H. Cheema

Washington International Law Journal

The Supreme Court of Pakistan underwent a remarkable transformation in its institutional role and constitutional position during the tenure of the former Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry (2005–2013). This era in Pakistan’s judicial history was also marked by great controversy as the court faced charges that it had engaged in “judicial activism,” acted politically, and violated the constitutionally mandated separation of powers between institutions of the state. This article presents an in-depth analysis of the judicial review actions of the Chaudhry Court and argues that the charge of judicial activism is theoretically unsound and analytically obfuscating. The notion …


Capturing The Character Of Future War, Paul R. Norwood, Benjamin M. Jensen, Justin Barnes Jun 2016

Capturing The Character Of Future War, Paul R. Norwood, Benjamin M. Jensen, Justin Barnes

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Jun 2016

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Why Russia Is Reviving Its Conventional Military Power, Bettina Renz Jun 2016

Why Russia Is Reviving Its Conventional Military Power, Bettina Renz

The US Army War College Quarterly: Parameters

No abstract provided.


The "Practice" Problem: Peacebuilding And Doctrine, Christopher H. Tuck Jun 2016

The "Practice" Problem: Peacebuilding And Doctrine, Christopher H. Tuck

The US Army War College Quarterly: Parameters

No abstract provided.


Victory In Today's Wars: New Insights On The Role Of Communications, James P. Farwell Jun 2016

Victory In Today's Wars: New Insights On The Role Of Communications, James P. Farwell

The US Army War College Quarterly: Parameters

No abstract provided.


Outplayed: Regaining Strategic Initiative In The Gray Zone, A Report Sponsored By The Army Capabilities Integration Center In Coordination With Joint Staff J-39/Strategic Multi-Layer Assessment Branch, Nathan P. Freier, Charles R. Burnett, William J. Cain Jr., Christopher D. Compton, Sean M. Hankard, Robert S. Hume, Gary R. Kramlich Ii, J. Matthew Lissner, Tobin A. Magsig, Daniel E. Mouton, Michael S. Muztafago, John F. Troxell, Dennis G. Wille, James M. Schultze Jun 2016

Outplayed: Regaining Strategic Initiative In The Gray Zone, A Report Sponsored By The Army Capabilities Integration Center In Coordination With Joint Staff J-39/Strategic Multi-Layer Assessment Branch, Nathan P. Freier, Charles R. Burnett, William J. Cain Jr., Christopher D. Compton, Sean M. Hankard, Robert S. Hume, Gary R. Kramlich Ii, J. Matthew Lissner, Tobin A. Magsig, Daniel E. Mouton, Michael S. Muztafago, John F. Troxell, Dennis G. Wille, James M. Schultze

Books, Monographs & Collaborative Studies

U.S. competitors pursuing meaningful revision or rejection of the current U.S.-led status quo are employing a host of hybrid methods to advance and secure interests contrary to those of the United States. These challengers employ unique combinations of influence, intimidation, coercion, and aggression to incrementally crowd out effective resistance, establish local or regional advantage, and manipulate risk perceptions in their favor. So far, the United States has not come up with a coherent countervailing approach. It is in this “gray zone”—the awkward and uncomfortable space between traditional conceptions of war and peace—where the United States and its defense enterprise face …


Economic Structure And Constitutional Structure, Ganesh Sitaraman Jun 2016

Economic Structure And Constitutional Structure, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional system survive the collapse of the middle class? This question might seem tangential-if not unrelated-to contemporary constitutional theory. But for most of the history ofpolitical thought, one of the central problems of constitutional design was the relationship between the distribution of wealth in society and the structure of government. Two traditions emerged from thinking about this relationship. The first tradition assumed that society would be divided …