Digital Commons Network^™

The Antiboycott Law: The Regulation Of International Business Behavior, Stanley J. Marcuss

Georgia Journal of International & Comparative Law

No abstract provided.

Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner

Georgia Journal of International & Comparative Law

No abstract provided.

The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber

Pepperdine Dispute Resolution Law Journal

Success in life requires the ability to resist urges and control behavior. This ability is commonly called “willpower,” the capacity to overcome impulses and engage in conscious acts of self-control. Social psychologists believe willpower is a finite resource dependent on physiological bases including glucose (from food and drink), sleep and other forms of rest, and the absence of stress. In short, people who are hungry, exhausted, or highly stressed tend to have less willpower than those who are well-fed, well-rested, and relatively stress-free. In addition, a person who exerts self-control (uses willpower) tends to reduce temporarily the amount of willpower …

Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof

Pepperdine Dispute Resolution Law Journal

The struggle for peace has been waged over and over, in numerous countries. Syria is no exception. It is a country with a history of violent conflict and political instability. The current regime is authoritarian to the extreme, and the range of competing religious interests is diverse. The civil war now consuming the country has claimed tens of thousands of lives, displaced millions, and thrown the country's future into question. This article will first briefly examine the country's turbulent history and the development of the current conflict. Next, it will evaluate previous attempts to solve the conflict. Then, it will …

Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman

Fordham Urban Law Journal

No abstract provided.

Law Reform In The Ancient World: Did The Emperor Augustus Succeed Or Fail In His Morals Legislation?, Charles J. Reid Jr.

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

This is an Article with a dual purpose. First, it is concerned with the process of law reform: how do we judge a given reform’s success or failure? Do we adopt strictly linear metrics? Or do we look at nonlinear impacts? For example, in the campaign against tobacco, do we judge it a success because it has reduced cigarette smoking? Or because it reduced the political power of the tobacco companies?

Secondly, in this Article, I apply this complex means of analyzing law reform to the Emperor Augustus’s morals legislation. Legal historians have typically regarded Augustus’s morals legislation as having …

Event Program, Emory Law Journal

Randolph W. Thrower Symposium

No abstract provided.

Washington Should Avoid Repeating Plan Colombia’S Failures, Lauren Carasik

Media Presence

No abstract provided.

The Promises And Perils Of Evidence-Based Corrections, Cecelia Klingele

Notre Dame Law Review

Public beliefs about the best way to respond to crime change over time, and have been doing so at a rapid pace in recent years. After more than forty years of ever more severe penal policies, the punitive sentiment that fueled the growth of mass incarceration in the United States appears to be softening. Across the country, prison growth has slowed and, in some places, has even reversed. Many new laws and policies have enabled this change. The most prominent of these implement or reflect what have been called “evidence-based practices” designed to reduce prison populations and their associated fiscal …

Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser

The University of New Hampshire Law Review

[Excerpt] "While the First Amendment to the United States Constitution protects the freedom of expression, individuals issuing threats or advocating illegal conduct may be subject to punishment. What constitutes proscribable speech has long been evolving, and the recent jurisprudence suggests that First Amendment protections are more robust for advocacy of illegal conduct than for threats. Elonis v. United States provided the Court with a golden opportunity to clarify First Amendment threat jurisprudence; however, those hoping for an illuminating analysis cannot help but be disappointed. Part I of this Article discusses the developing First Amendment jurisprudence regarding the regulation of incitement, …

Technical Speech: Patents, Expert Knowledge, And The First Amendment, Feroz Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Reclassifying Geostationary Earth Orbit As Private Property: Why Natural Law And Utilitarian Theories Of Property Demand Privatization, Ian Blodger

Minnesota Journal of Law, Science & Technology

No abstract provided.

Obama's National Security Exceptionalism, Sudha Setty

Chicago-Kent Law Review

The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …

Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque

International Law Studies

The United States Department of Defense Law of War Manual misrepresents customary international law governing target selection, precautions in attack and proportionality. Contrary to the Manual’s assertions, attackers with a choice of targets for obtaining a similar military advantage must select the target that endangers the fewest civilians; often must avoid harming civilians even at some additional risk to themselves or to their mission; and must refrain from attack if the expected harm to civilians—including to civilians forced to serve as human shields—would be excessive in relation to the anticipated military advantage.

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

International Law Studies

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.

The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

International Law Studies

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …

The Future Of Work: Apps, Artificial Intelligence, Automation And Androids, David R. Barnhizer

Law Faculty Articles and Essays

The analysis offered here is not a Neo-Luddite rage against “the machine.” As with the oft-stated reproach about paranoia, there sometimes really are situations in which people are “out to get you.” In our current situation the threat is not from people but from the convergence of a set of technological innovations that are and will increasingly have an enormous impact on the nature of work, economic and social inequality and the existence of the middle classes that are so vital to the durability of Western democracy. The fact is that developed nations’ economies such as found in Western Europe …

Were We Foreordained To The Priesthood, Or Was The Standard Of Worthiness Foreordained? Alma 13 Reconsidered, Anthony K. Thompson

Law Papers and Journal Articles

Alma 13:3–4 is often interpreted as Book of Mormon confirmation of the doctrine that all those who are ordained to the Priesthood on the earth were foreordained to receive that Priesthood in the pre-existence as a result of their exceeding faith and good works. That interpretation is inconsistent with the 1978 revelation on Priesthood. A contextual reading of the account of Alma2’s ministry to the people of Ammonihah also suggests that Alma2 was not telling the men of Ammonihah that they (or anyone else) had been foreordained to receive the Priesthood. Rather, Alma2 was teaching that what we now call …

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, B Bussey

Law Papers and Journal Articles

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …

United States V. Hodges: Treason, Jury Trials, And The War Of 1812, Jennifer Elisa Smith

Legal History Publications

In August 1814 a number of British soldiers were arrested as stragglers or deserters in the town of Upper Marlboro, Maryland. Upon learning of the soldiers’ absences the British military took local physician, Dr. William Beanes, and two other residents into custody and threatened to burn Upper Marlboro if the British soldiers were not returned. John Hodges, a local attorney, arranged the soldiers’ return to the British military. For this, Hodges was charged with high treason for “adhering to [the] enemies, giving them aid and comfort.” The resulting jury trial was presided over by Justice Gabriel Duvall, a Supreme Court …

Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell

LLM Theses

Infectious diseases have recently found renewed significance in Canadian scholarship, with a corresponding increased interest in Canada's overall preparedness, including legal preparedness, to combat infectious disease emergencies. Nearly every Canadian province has emergency legislation containing a "basket clause" - a provision which, for the duration of an emergency, authorizes a decision maker to take 'all necessary measures' to defeat it. Public health legal preparedness scholarship has not yet examined what criteria the decision maker must consider before deciding to deploy measures that could seriously impact the rights of individuals, including those under the Canadian Charter of Rights and Freedoms. This …

The Future Of American Tax Administration: Conceptual Alternatives And Political Realities, Steve R. Johnson

Scholarly Publications

No abstract provided.

Second Amendment Limitations, Glenn Harlan Reynolds

Scholarly Works

This paper looks at recent cases that suggest that the so-called "Heller Safe Harbor," allowing limitations on gun ownership and possession in some circumstances, is facing additional scrutiny from lower courts, with previously accepted gun restrictions being struck down or limited. It also looks at future changes in limitations on Second Amendment Rights. Paper presented at a Georgetown Law School symposium in November, 2015, to be published in the Georgetown Journal of Law and Public Policy.

Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Mj Thomasen

Canadian Journal of Law and Technology

No technology emerges in a social or legal vacuum. The laws and norms guiding acceptable uses of new technologies help to shape the ways in which these technologies benefit or disadvantage different individuals and communities. Recently, the impact of drones on women’s privacy has garnered sensational attention in media and popular discussion. Media headlines splash stories from drones spying on sunbathing or naked women and girls, to drones being used to stalk women through public spaces, to drones delivering abortion pills to women who might otherwise lack access. Yet despite this popular attention, and the immense literature that has emerged …

Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport

UIC John Marshall Journal of Information Technology & Privacy Law

A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …

Legal Ethics’ Next Frontier: Lawyers And Cybersecurity, Eli Wald

Chapman Law Review

No abstract provided.

The Hidden Costs Of Strategic Communications For The International Criminal Court, Megan A. Fairlie

Faculty Publications

In little more than a decade, the International Criminal Court (ICC) has received nearly 11,000 requests for its Prosecutor to conduct atrocity investigations around the globe. To date, no such communication has resulted in an official investigation. Nevertheless, the act of publicizing these investigation requests has proven to be an effective, attention-getting tool that can achieve valuable, alternative goals. This fact explains the increasing popularity of “strategic communications” — highly publicized investigation requests aimed not at securing any ICC-related activity, but at obtaining some non-Court related advantage. This Article, which is the first to identify this trend, explains why the …

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa Rodriguez-Dod, Aileen M. Marty, Elena Marty-Nelson

Faculty Publications

In February 2016, the World Health Organization (WHO) declared a “public health emergency of international concern” due to the increased clusters of microcephaly, Guillain-Barré Syndrome, and other neurological disorders in areas affected by the Zika virus. That declaration came in the wake of the West Africa Ebola crisis. Back to back declarations by WHO of the highest threat level for an international public health emergency underscores how quickly pathogens can now spread and cause devastation across borders. It also highlights the need to implement lessons learned from each pandemic crisis without delay. These crises demonstrate that laws to curtail the …

Confronting The Colonial Legacy : Retaining And Rejecting Spanish Colonial Law In Nineteenth Century Latin America : Mexico And Argentina, Tyler Joseph Cerami

International Program Papers

No abstract provided.

Rejecting The Children Of Violence: Why U.S. Asylum Law Should Return To The Acosta Definition Of A Particular Social Group, Rachel Gonzalez Settlage

Law Faculty Research Publications

No abstract provided.