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Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury

International Law Studies

The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.

Agenda, Pound Civil Justice Institute, Emory University School Of Law

Emory Law Journal Symposia & Workshops

No abstract provided.

Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis

St. John's Law Review

(Excerpt)

This Article is not meant to debate whether surrogacy contracts should be legal. The purpose of this Article is to address situations where the surrogate reneges on her promise and attempts to keep the child. In particular, this Article deals with the adjudication of maternity after the surrogate has breached the agreement by failing to turn the child over to the intended parent or parents. This Article is divided into four parts. Part I discusses the current ways courts resolve breaches of surrogacy contracts. Part II evaluates the appropriateness of legal remedies like damages and specific performance when a …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

The Concept Of The State In American History, William J. Novak

Book Chapters

Debates about the state rage in contemporary America. On the right, libertarian and tea party rhetoric fulminates about shrinking the state or shutting down the government, frequently in hyperbolic terms like the Americans for Tax Reform notion of" drowning it in a bathtub." On the left, concern about the fate of the welfare state and an ever-expanding warfare and penal state produces equally impassioned retorts. Discussion of the American state-its nature, its size, and its uncertain future-dominates the political landscape as perhaps never before.

Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley

Michigan Journal of International Law

On December 19, 2008, the Convening Authority for the United States Military Commissions at Guantanamo Bay referred charges against Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri for his role in the October 2000 bombing of the U.S.S. Cole. The charge sheet alleged that al-Nashiri committed several acts—including murder in violation of the law of war, perfidy, destruction of property—”in the context of and associated with armed conflict” on or about October 12, 2000 in connection with the bombing. At the time of the attack, the statement that the United States was engaged in an armed conflict would have been a surprise …

After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers

Georgia Journal of International & Comparative Law

No abstract provided.

Mapping A Hidden World Of International Regulatory Cooperation, Jeffrey L. Dunoff

Law and Contemporary Problems

No abstract provided.

The Pen And The Sword: Legal Justifications For The United States’ Engagement Against The Islamic State Of Iraq And Syria (Isis), Olivia Gonzalez

Fordham International Law Journal

Part I of this Comment will lay out the potential arguments the United States could make to justify its engagement against ISIS under international law, jus ad bellum. This Part will also present existing commentary on the strengths and weaknesses of the available legal justifications. Part II will lay out the legal justifications under US law and discuss their nexus to the United States’ international obligations. Finally, Part III will argue that the United States’ engagement is appropriately classified as an instance of collective self-defense under international law. This Part will discuss what new AUMF would be needed in order …

“Backdoor To Eugenics”?: The Risks Of Prenatal Diagnosis For Poor, Black Women, Bret D. Asbury

Duke Journal of Gender Law & Policy

This article is situated at the intersection of three of the conference’s stated subject areas: Race and Healthcare, Reproductive Rights, and Race and the Family. My recent research has focused on the manner in which pregnant women who learn of fetal genetic abnormalities prenatally receive counseling as they decide whether to terminate or bring their fetuses to term. The decision whether to terminate on genetic grounds is particularly vexing because it often turns on speculative medical information, and it can result in elevated rates of grief, depression, and post-traumatic stress. Though the prenatal genetic counseling offered to expectant women learning …

End The Popularity Contest: A Proposal For Second Amendment 'Type Of Weapon' Analysis, Cody Jacobs

Faculty Scholarship

The Supreme Court’s recognition of an individual Second Amendment right to bear arms for self-defense raised many questions about the scope and content of that right. One issue that will become increasingly important in the years ahead, but that has received relatively little attention from scholars and courts, is the question of which “arms” are protected by that right. The Supreme Court’s decision in District of Columbia v. Heller purports to lay out a test that asks whether the weapon at issue is in “common use” at the time the case is decided. This article critiques that test, arguing that …

Hung Up On Words: A Conduct-Based Solution To The Problem Of Conspiracy In Military Commissions, Joshua D. Foote

Vanderbilt Law Review

At 9:02 a.m. on September 11, 2001, the world watched in horror as American Airlines Flight 175 slammed into the South Tower of the World Trade Center on live television,' ending all consideration that the first collision might have been an accident. Halfway around the world, Ali al Bahlul sat in a remote part of Afghanistan operating a radio so that Usama Bin Laden could monitor reports of the attacks. That day, Al Qaeda terrorists killed 2,977 people, caused billions of dollars of economic damage, and initiated the defining sociopolitical issue of the early 21st century.

Legal practitioners have faced …

International Criminal Law’S Millennium Of Forgotten History, Ziv Bohrer

Faculty Colloquia

No abstract provided.

China's Nine-Dashed Map: Continuing Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

“Lone Wolf” Terrorism And The Classical Jihad: On The Contingencies Of Violent Islamic Extremism, Haider Ala Hamoudi

FIU Law Review

No abstract provided.

Defending Israelis Or Suppressing Palestinian Self-Determination? An Analysis Of Operation Protective Edge Using The Two-Factor Test, Wajiha Rais

FIU Law Review

No abstract provided.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

A Struggle For Recognition: The Controversy Over Religious Liberty, Civil Rights, And Same-Sex Marriage, Steven J. Heyman

First Amendment Law Review

No abstract provided.

International Law In Domestic Courts, David Sloss, Michael Van Alstine

Faculty Publications

Traditional accounts of international law in domestic courts focus on the distinction between monist and dualist legal systems. In monist systems, courts apply international law directly. In dualist systems, direct application is not an option, so courts apply international law indirectly, or not at all. Although this account is formally correct, it tells us very little about the functional role of domestic courts in the international legal system. In this chapter, we present a functional account that focuses on the distinctions among horizontal, vertical, and transnational legal obligations. Modern international law regulates horizontal relationships between states, vertical relationships between states …

Cyber Responsibility To Protect: Legal Obligations Of States Directly Affected By Cyber-Incidents, Oren Gross

Cornell International Law Journal

No abstract provided.

Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner

Nevada Law Journal

No abstract provided.

Arming Our Allies: The Case For Offensive Capabilities, Jakub Grygiel

The US Army War College Quarterly: Parameters

No abstract provided.

Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews

Nevada Law Journal

No abstract provided.

Civil-Military Relations: The Role Of Military Leaders In Strategy Making, William E. Rapp

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Dealing With Uncertainty In Strategic Decision-Making, Yakov Ben-Haim

The US Army War College Quarterly: Parameters

No abstract provided.

Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala

Publications and Research

Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question. In …

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.

Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts

International Law Studies

The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …

Emerging Technologies And Loac Signaling, Eric Talbot Jensen

International Law Studies

As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.