Digital Commons Network^™

Balancing Privacy With Security, Laura Kaye

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the investigation following the San Bernardino killings where fourteen people were murdered and twenty-two were left injured, authorities learned that one of the killers, Tashfeen Malik, had revealed violent inclinations in her social media activities. Since 2012, Malik had shown allegiance with radical jihad. CBS News made clear that Malik expressed her support in Facebook communications, which were initiated even before her arrival in the United States. At the time of the massacre, there was also a Facebook post on her page expressing her support for ISIL. However, it is unclear whether this message was a red flag of …

Guantanamo Bay: National Security Versus Civil Liberties, Michael W. Pond

Brigham Young University Prelaw Review

No abstract provided.

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …

“Why So Serious?” Threat, Authoritarianism, And Depictions Of Crime, Law, And Order In Batman Films, Brandon Bosch

Department of Sociology: Faculty Publications

Drawing on research on authoritarianism, this study analyzes the relationship between levels of threat in society and representations of crime, law, and order in mass media, with a particular emphasis on the superhero genre. Although the superhero genre is viewed as an important site of mediated images of crime and law enforcement, cultural criminologists have been relatively quiet about this film genre. In addressing this omission, I analyze authoritarian themes (with an emphasis on crime, law, and order) in the Batman film franchise across different periods of threat. My qualitative content analysis finds that authoritarianism themes of fear and need …

Florida State Law Alumni Magazine (Spring 2016), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Japan’S Newest Security Bill: Constitutional, Legitimate, And Necessary, Serene Papenfuss, Mariah Kerr

Brigham Young University Prelaw Review

No abstract provided.

Hanoians’ Experience: Suspending Moral Bias To Recognize Human Dimensions Of War, Maggie Norsworthy

Independent Study Project (ISP) Collection

Talking about, and learning lessons from The American War in Vietnam can be a process whose genuine engagement requires a suspension—even if temporary—of moral and cultural biases that are embedded in the Western mindset. This research project is one that composes military strategy, government rhetoric, and very human accounts of war in Vietnam in order to understand how people in Hanoi experience and talk about war, with an ultimate aim of making some of these stories and lessons digestible to a Western audience.

My findings discuss some key components of the North Vietnamese mindset towards the American War in Vietnam: …

Wage Compression As A Democratic Ideal, Stephen Plass

Cornell Journal of Law and Public Policy

No abstract provided.

Operationalizing Cybersecurity Due Diligence: A Transatlantic Case Study, Scott J. Shackelford, Scott Russell

South Carolina Law Review

No abstract provided.

The Problem Of Purpose In International Criminal Law, Patrick J. Keenan

Michigan Journal of International Law

Keenan addresses the problem of purposes in this Article, with two principal objectives. The first is to sort through the competing theories to identify the core purposes of international criminal law. The second is to show how those purposes are or can be put into effect in actual cases. These questions are important because the purposes for which the law is deployed significantly influence how it is deployed. Prosecutors bring different kinds of cases and argue different theories based at least in part on what they hope to achieve. For example, in the domestic context, prosecutors might choose to prioritize …

Internal Jus Ad Bellum, Eliav Lieblich

UC Law Journal

In 1945, the United Nations Charter famously set out “to save succeeding generations from the scourge of war.” Having in mind traditional interstate wars, the Charter’s Article 2(4) outlawed, for the first time, interstate uses of force. However, nowadays, international wars are relatively rare, while civil wars are both more numerous and increasingly destructive. Still, international law has yet to develop a regime regulating the resort to war (jus ad bellum) within a state, either by governments or opposition groups. Contemporary jus ad bellum, thus, fails to address one of the most atrocious forms of war in the modern international …

A Riff On Billy The Kid, Richard H. Underwood

Law Faculty Scholarly Articles

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.

Examining American Attitudes On The Use Of Military Drones, Todd Brandon

Political Science Theses and Capstones

Recent polls have revealed that Americans of both the political left and right support the use of military drones. This statement stands true among groups who traditionally do not support the use of military force. I hypothesize that people of a more liberal persuasion will be more concerned with whether or not the drone program endangers innocent civilians, while those of a more conservative view will be more concerned with the legality of conducting military drone strikes. I analyze data obtained from the Pew Research Center to examine people's attitudes on military drone strikes via framing theory. My hypothesis has …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Faculty Scholarship

No abstract provided.

Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz

Law Library Staff Publications

No abstract provided.

Parameters – Full Issue – Spring 2016, Usawc Parameters

The US Army War College Quarterly: Parameters

Special Commentary: Making Sense of the “Long Wars” Tami Davis Biddle US Leadership and NATO Luis Simón, Alexander Mattelaer, John R. Deni, Magnus Petersson Is Nation-Building a Myth? Charles J. Sullivan, M. Chris Mason Learning from Today’s Wars Ben Nimmo, Roger N. McDermott, Erik W. Goepner

Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick

Michigan Law Review

Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of veracity. The book …

Up In Arms: The Hunt To Define The Second Amendment's Scope, Holly E. Jones

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Constitutionalizing Corporate Law, Elizabeth Pollman

Vanderbilt Law Review

The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free from regulation. This Article argues these decisions represent a doctrinal shift, even from previous cases granting rights to corporations. The modern corporate rights doctrine has put unprecedented weight on state corporate law to act as a mechanism for resolving disputes among corporate participants regarding the expressive and religious activity …

Homer Plessy's Forgotten Plea For Inclusion: Seeing Color, Erasing Color-Lines, Sheldon Novick

West Virginia Law Review

No abstract provided.

Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande

All Faculty Scholarship

Recent empirical studies demonstrate five reasons why antitrust class action cases are essential: (1) class actions are virtually the only way for most victims of antitrust violations to receive compensation; (2) most successful class actions involve collusion that was anticompetitive; (3) class victims’ compensation has been modest, generally less than their damages; (4) class actions deter significant amounts of collusion and other anticompetitive behavior; and (5) anticompetitive collusion is underdeterred, a problem that would be exacerbated without class actions. Unfortunately, a number of court decisions have undermined class action cases, thus preventing much effective and important antitrust enforcement.

Regulating Employment-Based Anything, Brendan S. Maher

Faculty Scholarship

Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. Reality is less complicated than advertised.

Governments often consider intervention if markets fail to make some socially desirable Good X — such as education, health care, home mortgages, or pensions, for example — sufficiently available. One obvious fix is for the government to provide the good itself. A less obvious intervention is for the government to regulate employment-based (EB) arrangements that provide Good X as a benefit to employees and …

Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler

University of the District of Columbia Law Review

Occupying a mere 4.6 kilometers on the frontier betweenThailand and Cambodia, the temple of Preah Vihear maintains secondary importance in the pantheon of ancient Khmer architecture to the more celebrated complex at Angkor. Even so, it has been the source of tremendous conflict throughout the 20th and 21st centuries. This conflict claimed the lives of both civilians and soldiers in 2011, and forced the dislocation of tens of thousands of villagers. Encompassing questions of cultural heritage and border demarcation, Preah Vihear has grown as a symbol of identity and self-direction within both Thailand and Cambodia. The 1962 International Court of …

International Law And The Great War, Jennifer L. Erickson

Tulsa Law Review

Reviewing Isabel V. Hull, A Scrap of Paper: Breaking and Making International Law During the Great War (Cornell University Press 2014).

Of Rules And Representation (And Dysfunction) In The United States Senate, Daniel Wirls

Tulsa Law Review

Reviewing Wendy J. Schiller & Charles Stewart III, Electing the Senate: Indirect Democracy Before the Seventeenth Amendment (Princeton University Press 2015); and Steven S. Smith, The Senate Syndrome: The Evolution of Procedural Warfare in the Modern U.S. Senate (University of Oklahoma Press 2014).

Killer Robots: An Apologia, Thomas Simmons

Faculty Publications

In Forrest Gump, Gary Sinise played the character of Lieutenant Dan Taylor, a physically and psychologically wounded Vietnam War veteran. In the more than twenty years since the movie was released, Sinise has leveraged the emotional resonance of his character to support various veterans’ organizations. In recognition of his efforts, he has been named an honorary Navy Petty Officer and an honorary Marine. His Lt. Dan Band (in which Sinise plays bass) is named after the character that he made famous. There are many voices in the contemporary debate over lethal autonomous weapons systems and whether their use should …

Copyright At A Turning Point: Corporate Responses To The Changing Environment, Kenneth D. Crews

Journal of Intellectual Property Law

No abstract provided.

Securing The Smart Grid: Protecting National Security And Privacy Through Mandatory, Enforcable Interoperability Standards, Christopher Bosch

Fordham Urban Law Journal

No abstract provided.

History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin

Fordham Urban Law Journal

No abstract provided.