Digital Commons Network^™

Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson

UIC John Marshall Journal of Information Technology & Privacy Law

The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …

Flagrant Police Abuse: Why Black Lives (Also) Matter To The Fourth Amendment, Joelle A. Moreno

Faculty Publications

No abstract provided.

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

UIC John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …

A Legal History Of The Civil War And Reconstruction: A Nation Of Rights By Laura F. Edwards, Jennifer Laws

Faculty Scholarship

This is a review of A Legal History of the Civil War and Reconstruction: A Nation of Rights by Laura F. Edwards

Information Operations, United States Army

United States Army: Field Manuals

Information Operations, United States Army Field Manual FM 3-13

Obama’S Aumf Legacy, Curtis A. Bradley, Jack L. Goldsmith

Articles

In the fifteen years since the Authorization for Use of Military Force (AUMF) was enacted on September 18,2001, the Taliban has been removed from power but not eliminated; Osama Bin Laden has been killed and the senior leaders of Al Qaeda as of 9/11 have been captured,killed, or driven underground, although Al Qaeda remains a threat; numerous Al Qaeda affiliates have sprung up around the globe, most notably in Iraq, Yemen, Syria, and Somalia; and most ominously, the Islamic State has arisen from the ashes of Al Qaeda in Iraq to become what the Director of National Intelligence has described …

“Strong Women Make Strong Nations”: Women, Literature, And Sovereignty In Paula Gunn Allen And Virginia Woolf, Kristin Czarnecki

Journal of Feminist Scholarship

This essay places Virginia Woolf’s A Room of One’s Own and Three Guineas alongside Paula Gunn Allen’s The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Reading these landmark texts together helps establish a transnational dialogue essential to twenty-first-century literary and feminist studies. A Room of One’s Own and The Sacred Hoop resonate with each other in striving to recuperate women’s history and literature, long denied or suppressed by patriarchal tenets and texts. A fruitful dialogic also emerges between Three Guineas and The Sacred Hoop, both of which argue for the eradication of patriarchy in favor of female-centric social …

The 2016 Philip C. Jessup International Law Moot Court Competition

ILSA Journal of International & Comparative Law

BACKGROUND

Riesland and Amestonia are neighboring States with a common language and similar ethnic composition. They enjoy healthy cross-border economic, cultural, and security ties. Riesland is the top importer of Amestonian agricultural products, which has contributed to Amestonia’s rapid GDP growth. The States have concluded a number of bilateral treaties on subjects such as tourism, extradition, and intelligence-sharing.

On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford

Vanderbilt Journal of Entertainment & Technology Law

Although cyberspace and the atmosphere are distinct arenas, they share similar problems of overuse, difficulties of enforcement, and challenges of collective inaction and free riders. With weather patterns changing, global sea levels rising, and temperatures set to exceed 1.5 degrees Celsius by 2100, climate change is a problem that affects the entire world. Yet its benefits are dispersed, and its harms are often concentrated. Similarly, much of the cost of cyber attacks is focused in a few nations even as others are becoming havens for cybercriminals. Yet it is also true that actions taken by a multiplicity of actors on …

Known Unknowns: State Cyber Operations, Cyber Warfare, And The Jus Ad Bellum, Peter Z. Stockburger

American University International Law Review

No abstract provided.

William Marshal, Great Knight And Protector Of Magna Carta: The Unknown Founder Of The Right Of Englishmen And Americans!, 50 J. Marshall L. Rev. 1 (2016), Allen Shoenberger

UIC Law Review

No abstract provided.

Tempering Civil Rights Conflicts: Common Law For The Moral Marketplace, Adam J. Macleod

Scholarly Articles

Property law is not only sexy but also loaded with moral conflict. Many market transactions are suddenly politically weighted acts. Can law provide a peaceful solution to the present conflict between sexual-identity right claims and conscience? This Article argues that law, understood in its textured, common law contours, may provide a more peaceful and reasonable solution than (a) peremptory claim-rights, (b) positive rules, and (c) markets unmediated by law. Properly understood, the common law doctrines of public accommodations and contractual licenses are not the source of the problem; they offer a potential solution. Authority to adjudicate common law liberties should …

Twin Peaks And Financial Regulation: The Challenges Of Increasing Regulatory Overlap And Expanding Responsibilities, Andrew J. Godwin, Steve Kourabas, Ian Ramsay

The International Lawyer

No abstract provided.

Untying The Gordian Knot: Re-Assessing The Impact Of Business And Human Rights Principles On Extractive Resource Governance In Sub-Saharan Africa, Oyeniyi Abe

American University International Law Review

No abstract provided.

Ex Parte Quirin: The Nazi Saboteur Case And The Tribunal Precedent, Andrew Buttaro

American University National Security Law Brief

No abstract provided.

Potential Impacts On Individuals Caused By The Invasion Of Ngos Into International Politics, Zhao Li, Haibin Qi

University of Baltimore Journal of International Law

In the contemporary world, NGOs are playing significant roles in international cooperation and globalization. This actively promotes the formation of a global society. Accompanying that, NGOs also have an increased international political influence. Against this background, some scholars believe the rise of NGOs will create an era of individuals’ emancipation from the sovereign states, while others consider that the golden age of autonomy has passed. This paper studies the essence of the association dominated by NGOs and how this association affects individuals in international politics. This paper suggests that the ideal subject for NGOs is one with clearly defined and …

Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson

American University National Security Law Brief

No abstract provided.

Expanding Past Genocide, Crimes Against Humanity, And War Crimes: Can An Icc Policy Paper Expand The Court's Mandate To Prosecuting Environmental Crimes?, Payal Patel

Loyola University Chicago International Law Review

No abstract provided.

What Does Lawfare Mean?, David Hughes

Fordham International Law Journal

No abstract provided.

The 2016 Philip C. Jessup International Law Moot Court Competition

ILSA Journal of International & Comparative Law

The State of Amestonia and the Federal Republic of Riesland appear before the International Court of Justice in accordance with Article 40(1) of its Statute through submission of a special agreement for resolution of all the differences between them concerning the Frost Files.

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.

Sleuthing Scientific Evidence Information On The Internet, Diana Botluk

Faculty Scholarship

No abstract provided.

Aerospace And Defense Industries, R. Locke Bell, Johny Chaklader, Donna A. Dulo, Priya Iyengar, Kevin J. Lombardo, Jason M. Silverman

The International Lawyer

No abstract provided.

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …

Residual Value Capture In Subsidized Housing, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

This Article argues that our primary federal subsidized housing production pro- gram, the Low-Income Housing Tax Credit (LIHTC), will result in the unnecessary forfeit of billions of dollars of government investment and the potential displacement of tens of thousands of households beginning in 2020 when LIHTC property use restrictions start to expire. The LIHTC example is presented as a case study of an inherent dynamic of public-private partnerships namely, the potential capture by for-profit providers of "residual value." For purposes of this Article, this is value generated by a public-private transaction that is unnecessary to incentivize a private provider to …

The Inapplicability Of First Amendment Protections To Bds Movement Boycotts, Marc A. Greendorfer

Cardozo Law Review de•novo

This paper has been derived from, and is an expansion of, certain arguments the author made in an earlier legal study of the BDS Movement under United States law entitled, “The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal,” and is meant to rebut recent misleading assertions that the First Amendment protects participation by United States persons in foreign boycotts of Israel.

The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard

American University National Security Law Brief

No abstract provided.

Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper

Fordham Environmental Law Review

No abstract provided.

Table Of Contents, Editor's Note And Preface, Ken I. Kersch, Linda C. Mcclain

Tulsa Law Review

No abstract provided.

Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty

Michigan Telecommunications & Technology Law Review

Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …