Digital Commons Network^™

Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan

Fordham Urban Law Journal

No abstract provided.

The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel

Fordham Urban Law Journal

No abstract provided.

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Fordham Urban Law Journal

No abstract provided.

Is U.S. Operational Self-Defense A State Practice Creating New Customary International Law?, Major Yevgeny S. Vindman

Journal of International and Comparative Law

No abstract provided.

Cyberthreats And The Posse Comitatus Act: Speculations, Susan W. Brenner

Journal of International and Comparative Law

No abstract provided.

Nato, Cyber Defense, And International Law, David P. Fidler, Richard Pregent, Alex Vandurme

Journal of International and Comparative Law

No abstract provided.

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Book Chapters

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for "finding" CIL - that is, for determining that particular norms qualify as ClL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to be CIL …

Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte

Journal of International and Comparative Law

No abstract provided.

Drones And Transnational Armed Conflicts, Michael W. Lewis

Journal of International and Comparative Law

No abstract provided.

National Security And U.S. Immigration Policy, Edward Alden

Journal of International and Comparative Law

No abstract provided.

Limiting Political Contributions After Mccutcheon, Citizens United, And Speechnow, Albert W. Alschuler

Florida Law Review

There was something unreal about the opinions in McCutcheon v. FEC. These opinions examined a series of strategies for circumventing the limits on contributions to candidates imposed by federal election law, but they failed to notice that the limits were no longer breathing. The D.C. Circuit’s decision in SpeechNow.org v. FEC had created a far easier way to evade the limits than any of those the Supreme Court discussed. SpeechNow held all limits on contributions to super PACs unconstitutional.

This Article argues that the D.C. Circuit erred; Citizens United v. FEC did not require unleashing super PAC contributions. The …

The New Way Of War: Is There A Duty To Use Drones?, Oren Gross

Florida Law Review

Part I of this Article briefly describes the newest battlespace occupants. Robotic systems have been taking active part in combat. They now inhabit the air, the land, and the sea. They carry out missions ranging from surveillance and bomb disposal to “destroy and disable.” Part II examines the relevant principles of LOAC. It argues that drones are not, per se, unlawful under LOAC. Rather, the critical question is the same for drones as for other types of weapons, i.e., whether the specific use of the weapon complies with LOAC. In this context, the weapon must be deployed in accordance with …

Sexual Exploitation In The Rhetoric Of Elizabeth Cady Stanton, Lisa Shawn Hogan

ConLawNOW

In this essay, Lisa Hogan explores Elizabeth Cady Stanton’s attacks on marriage, including her critique of the institution of marriage and her support of liberal divorce laws. It reveals that Stanton’s most controversial writings addressed woman’s sexuality in a broader context, including discussions of sexual exploitation and infanticide.

Easement Come, Easment Go - The Cemetery Access Easement: The Exemption To The Right To Exclude Whose Time Has Come To Facilitate The Preservation Of Nineteenth-Century Texas Family Cemeteries, J. Dwight Tom

Student Scholarship

This Article discusses the cemetery access easement and access agreements under the lens of an emerging modern theoretical approach—the Social Morality Theory of Property Law. Part II reviews the history of public and private memorials in Texas, preservation efforts of nineteenth-century cemeteries, and other significant Texas historical sites. Part III discusses the cemetery access easement under current Texas law and regulatory schemes. Part IV discusses the obstacles of awareness and access as the greatest threats to the current and future status of nineteenth-century Texas family cemeteries on rural private land. Finally, Part V proposes incentives, approaches, and recommendations to strengthen …

Is Religious Liberty The Ultimate Management Prerogative?: Some Reflections On Pacific Lutheran University And Service Employees International Union, Local 925, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.

Cyberwar, International Politics, And Institutional Design, Daniel Abebe

Articles

No abstract provided.

The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola

Articles

No abstract provided.

Making Sense Of "Long Wars" — Advice To The Us Army, Tami Davis Biddle

The US Army War College Quarterly: Parameters

No abstract provided.

Balancing Priorities In America's European Strategy, Luis Simón

The US Army War College Quarterly: Parameters

No abstract provided.

State-Building: America's Foreign Policy Challenge, Charles J. Sullivan

The US Army War College Quarterly: Parameters

No abstract provided.

Lessons From The Air Campaigns Over Libya, Syria, And Yemen, Ben Nimmo

The US Army War College Quarterly: Parameters

No abstract provided.

Cybersecurity For Financial Institutions: The Integral Role Of Information Sharing In Cyber Attack Mitigation, Ariana L. Johnson

North Carolina Banking Institute

No abstract provided.

Modifying America's Forward Presence In Eastern Europe, John R. Deni

The US Army War College Quarterly: Parameters

No abstract provided.

Nation-Building Is An Oxymoron, M. Chris Mason

The US Army War College Quarterly: Parameters

No abstract provided.

Does Russia Have A Gerasimov Doctrine?, Roger N. Mcdermott

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Is The Constitution Special?, Christopher Serkin, Nelson Tebbe

Vanderbilt Law School Faculty Publications

"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution is special, and legal professionals treat it differently from other sources of law. But what if that is wrongheaded? In this Article, we identify and question the professional practice of constitutional exceptionalism. First, we show that standard arguments from text, structure, and history work differently in constitutional law. Second, we examine the possible justifications for such distinctive interpretation among lawyers, and we find them …

Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle

Faculty Publications

This article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of theUNCharter. Instead, they generally focus on legal constraints outside the Charter’s text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article considers how these features of the American restrictivist tradition reflect distinctive characteristics of American legal culture, and it explores the …

Is Using Call Of Duty In This Comment Infringement?, Brittany Frandsen

BYU Law Review

No abstract provided.

Legal Personhood In More's Utopia, Andreea Boboc

UTOPIA500

The third UTOPIA500 presentation was Feb. 25, 2016. Dr. Andreea D. Boboc, English professor in the College of the Pacific, received an official "Me and Tommy More" polo shirt from McGeorge's Dean Francis J. Mootz III. She then spoke about Legal Personhood in More's Utopia. A published scholar of medieval English literature, Dr. Boboc explored how the fluidity and multiple jurisdictional levels of law in late medieval England shaped personhood. She had a compelling and provocative interchange with the Law and Literature students.