Digital Commons Network^™

An Unsatisfactory State Of The Law: The Limited Options For A Corporation Dealing With Cyber Hostilities By State Actors, Daniel Garrie, Shane R. Reeves

Cardozo Law Review

No abstract provided.

Drought And California's Role In The Colorado River Compact, Ciara Dineen

Journal of Legislation

No abstract provided.

A Review Of Recent Developmenets In Ocean And Coastal Law 2001-2002, Karla Black, Denis Culley, Jeffrey Dolley, Gregory Domareki, Sara Edmonds, Kevin Fitzgerald, Rody Fowles, Michael Fuller, John Hatch, Katherin Joyce, Sean Kerwin, Jacqueline Lewy, Daniel Marra, Sarah Mccready, John M. Ney, Jr., Chad Olcott, Mary Saunders, Vanessa Tondini, David Walker, Danielle West-Chuhta

Ocean and Coastal Law Journal

No abstract provided.

Defend And Protect: National Security Restrictions On Foreign Investments In The United States, Matthew Aglialoro

University of Cincinnati Law Review

No abstract provided.

An Issue Of Monumental Proportions: The Necessary Changes To Be Made Before International Cultural Heritage Laws Will Protect Immoveable Cultural Property, Matthew Smart

Chicago-Kent Law Review

Cultural heritage has been targeted during military conflicts throughout history. Currently, the conflict in Syria is resulting in the destruction of ancient immoveable cultural heritage property. This destruction is particularly devastating because Syria has served as a melting pot of Eastern and Western cultures throughout history. This note examines the history of international laws aimed at the protection of cultural heritage property. After applying those laws to the current Syrian conflict, this note offers multiple suggestions to improve the protection of immoveable cultural heritage property. The improvements advanced by this note include necessary changes to the current regime of international …

Where There's Smoke, There's Fire: The State-Tribal Quandry Of Tribal Marijuana, Kyle Montour

American Indian Law Journal

No abstract provided.

Rising Tide In The Gulf: The First Gulf War And Its Impact Upon Chinese Strategy, Patrick Griffo

Undergraduate Theses

Observing Chinese foreign policy means looking through a clouded lens. A foggy image can be made out, yet specific details are left undefined. The Chinese reaction to the 1990s First Gulf War is a case in point. The perspective is opaque, yet we can still gather an understanding of important changes in China’s policies. The author provides insights not only into China’s foreign and military policy but also on Chinese-Arab relations. In analyzing China’s reaction to the war, we can see it was indeed a transformative period for China’s strategy in the Arab world. China reacted to the Gulf War …

Rights Of Minorities And Neglected Groups, Deni Barci

Honors College Theses

The right of minorities and disadvantaged groups are essential to human rights and democracy. These issues are multilayered and each specific case presents its own challenges. To further understand the minority rights dilemma, the struggles of minority groups in the United States will be highlighted, as well as the Roma population in Macedonia. The comparison of domestic minority treatment within the United States and how minorities are treated in other nations will help to paint a broader picture of the difficulties that minorities across the world experience. The Roma in Macedonia have faced a more traditional form of limitation of …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

Sustainability and Social Justice

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib

Articles

No abstract provided.

The Semantics Of Sin Tax: Politics, Morality, And Fiscal Imposition, Bruce G. Carruthers

Fordham Law Review

In this Article, I consider how negative social meanings can be projected through public revenue systems and propose to examine the link between taxation and representation in a new light.7 First, I discuss how social meanings are attached to money and then explain how, through the use of earmarking, this works in the case of tax revenues. I next briefly review the history of sin taxes at both the state and federal levels. Finally, I use computational linguistic methods to suggest that the fiscal significance of sin taxes, and their cultural significance, are loosely coupled.

Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas

Faculty Scholarship

In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism …

Incentivizing Armed Non-State Actors To Comply With The Law: Protecting Children In Times Of Armed Conflict, Sarah Hafen

BYU Law Review

No abstract provided.

Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl

Journal of Intellectual Property Law

No abstract provided.

Abraham Lincoln And The Dakota War In Academic And Popular Literature, Larry D. Mansch

Madison Historical Review

While the Civil War all but consumed Abraham Lincoln’s presidency, at least one other military matter caught his attention. The 1862 Dakota War in Minnesota resulted in the deaths of 358 white settlers, 106 United States soldiers, and 29 Dakota warriors. When the fighting ended hundreds of Indians were placed in prisoner camps, and after sham trials nearly 400 warriors were sentenced to death. Military leaders, politicians, and an enraged citizenry demanded that Lincoln order swift executions. Seeking to balance a sense of justice against the public’s insistence for revenge, Lincoln examined the trial records of each of the defendants, …

Distinguishing Literary Ideas And Expressions With Elements Of Alternate Worlds, Joshua Jeng

Journal of Intellectual Property Law

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

War, Violence, And Punishment: A Media-Centric Approach Of Sharia And American Legal Doctrines, Yazen Abdin

Barry Law Review

No abstract provided.

Discussion On The Law Of Individual And Collective Self-Defense, Cary Yates, Lindsey Back

Georgia Journal of International & Comparative Law

No abstract provided.

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.

Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.

The Legal Regulation Of Armaments And The Control Of Force, Adrian S. Fisher

Georgia Journal of International & Comparative Law

No abstract provided.

Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz

Journal of the National Association of Administrative Law Judiciary

A particularly prevalent type of claims in post-Boumediene cases are Bivens claims by detainees. One such case is Hamad v. Gates. Hamad represents a typical claim made by such detainees, and is the focus of this note. In Hamad, the Ninth Circuit held that a statute that had previously thought to be entirely overruled by Boumediene actually survived. This statute, 28 U.S.C. § 2241(e), stemmed from years of back-and-forth debate between the Supreme Court and Congress. The result of this conflict is still unsettled. The main issue is whether the Court’s primary concern in overruling the jurisdiction-stripping statutes of Congress …

The Law Of Outer Space, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.

A Riff On Billy The Kid, Richard H. Underwood

Touro Law Review

No abstract provided.

High Seas And High Risks: Proliferation In A Post-9/11 World, David G. Hodges

Ocean and Coastal Law Journal

One of the biggest threats that the world faces is the proliferation of weapons of mass destruction (“WMD”) and their use by rogue states and terrorist groups. As the September 11, 2001 terrorist attacks proved, within the span of a few hours, thousands of people can be killed and the direction of the world can be radically changed through the use of unconventional weapons and tactics. As terrible as the attacks were, however, the carnage and consequences of that day would have seemed like a mere pittance if certain kinds of WMD were used instead.

Ever since chemical weapons were …

The First Great Common, George K. Walker

Ocean and Coastal Law Journal

There are two, and perhaps three great common areas – outer space, the deep seabed, the Area; and (at least philosophically) cyberspace – available to humankind today. The first great commonwas, and remains in large part, the high seas. Part I traces the early history of the law of the sea, the customary law of the high seas, and the freedom of the seas principle from the Renaissance to the mid-twentieth century. Part II analyzes the freedoms of the high seas as negotiated in the 1958 and 1982 law of the sea conventions, with reference to similar concepts in space …

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.