Digital Commons Network^™

Stuxnet And Its Hidden Lessons On The Ethics Of Cyberweapons, P. W. Singer

Case Western Reserve Journal of International Law

No abstract provided.

The Debate Over Autonomous Weapons Systems, Gregory P. Noone Dr., Diana C. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.

Emerging Military Technologies: Balancing Medical Ethics And National Security, Efthimios Parasidis

Case Western Reserve Journal of International Law

No abstract provided.

And Next Please? The Future Of The Nlw Debate, Pauline M. Shanks Kaurin Dr.

Case Western Reserve Journal of International Law

No abstract provided.

Possible Ethical Problems With Military Use Of Non-Lethal Weapons, Stephen Coleman

Case Western Reserve Journal of International Law

No abstract provided.

Show Me On The Map Where They Hacked You: Cyberwar And The Geospatial Internet Doctrine, Molly Sauter

Case Western Reserve Journal of International Law

No abstract provided.

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Articles

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone ("SCSL'), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain.

This article, from an insider who …

Reviving Fiscal Citizenship, Ajay K. Mehrotra

Michigan Law Review

April 15 is a day that most Americans dread. That date is, of course, when federal and nearly all state-level individual income tax returns are due. Agonizing over the filing of income tax returns has long been a perennial part of modern American legal culture. Since the mid-1940s, when the United States first adopted a return-based mass income tax, the vast majority of Americans have been legally required to file an annual Form 1040. Over the years, taxpayers have been complaining about, procrastinating over, and generally loathing the filing of their annual tax returns. Indeed, in recent times, April 15 …

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

    The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

    This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority to conduct the …

Back To The Future: Reflections On The Advent Of Autonomous Weapons Systems, Michael A. Newton

Vanderbilt Law School Faculty Publications

This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms should be developed in light of the overarching humanitarian goals, particularly since such weapons are not inherently unlawful or unethical in all circumstances. This essay considers whether a preemptive ban on autonomous weapons systems is likely to be effective and enforceable. It examines the grounds potentially justifying a preemptive ban, concluding that there is little evidence that such a ban would advance humanitarian goals …

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

Duke Law Journal

In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement or implement the constitutional text, it focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally thought to come …

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement, implement, or interact with the constitutional text, the Article focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally …

The Politics Of The Takings Clauses, Mila Versteeg

Northwestern University Law Review

A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. This Essay fills that gap by presenting original data on the procedural and substantive protections in constitutional takings clauses from 1946 to 2013. Its main finding is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain …

From Comparison To Collaboration: Experiments With A New Scholarly And Political Form, Annelise Riles

Law and Contemporary Problems

No abstract provided.

Silence Of The Lambs: Giving Voice To The Problem Of Rape And Sexual Assault In The United States Armed Forces, Alexandra Lohman

Northwestern Journal of Law & Social Policy

No abstract provided.

Self-Defense In Asian Religions, David B. Kopel

Liberty University Law Review

No abstract provided.

The Zombie First Amendment, Julie E. Cohen

William & Mary Law Review

Scholarly and popular critiques of contemporary free speech jurisprudence have noted an attitude of unquestioning deference to the political power of money. Rather than sheltering the ability to speak truth to power, they have lamented, the contemporary First Amendment shelters power’s ability to make and propagate its own truth. This Article relates developments in recent First Amendment jurisprudence to a larger struggle now underway to shape the distribution of information power in the era of informational capitalism. In particular, it argues that cases about political speech—cases that lie at the First Amendment’s traditional core—tell only a small part of the …

The Judicial Experiment With Privatizing Religion, Gerard V. Bradley

Liberty University Law Review

No abstract provided.

Moving Military Energy “Behind The Fence:” Renewable Energy Generation On U.S. Defense Lands, Cameron E. Tommey

Washington and Lee Journal of Energy, Climate, and the Environment

The United States Department of Defense stands as the world’s single largest consumer of energy—domestic consumption alone by the Department amounts to nearly one percent of the United States’ total energy consumption and nearly eighty percent of the energy consumed by the Federal Government. Although a cadre of statutes, Executive Orders, and agency priorities set high goals for the introduction of renewable energy into the Department’s portfolio, it has historically failed to meet both its target for reducing facility energy use and its target for renewables integration. This Note suggests moving the Department’s energy production “behind the fence,” fixing technology …

The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood

Brigham Young University International Law & Management Review

No abstract provided.

Citizenship And The War On Terror: Should Federal Courts Consider A Plaintiff's Citizenship In Post-9/11 Litigation, Christopher M. Sarma

Cornell Law Review

No abstract provided.

Growing Use Of Religious Exemptions For Mandatory Immunizations: Problems Created By Their Use And Solutions For Greater Societal Protection, Annie E. Kouba

First Amendment Law Review

No abstract provided.

Fighting The "Islamic State" The Case For Us Ground Forces, David E. Johnson

The US Army War College Quarterly: Parameters

No abstract provided.

Megacities And The Us Army, Willam G. Adamson

The US Army War College Quarterly: Parameters

No abstract provided.

Gaming Corporations Gamble With The Fcpa, Joseph Grusman

UNLV Gaming Law Journal

No abstract provided.

Criminal Inflictions Of Emotional Distress, Avlana Eisenberg

Scholarly Publications

This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or threat. The Article defines a new category of criminal infliction of emotional distress (“CIED”) statutes, which include laws designed to combat behaviors such as harassing, stalking, and bullying. In contrast to tort liability for emotional harm, which is cabined by statutes and the common law, CIED statutes allow states to regulate and punish the infliction of emotional harm in an increasingly expansive way.

In assessing harm and devising punishment, the law has always taken nonphysical harm seriously, but traditionally it …

Syntax On Sin Tax: The Supreme Court Of North Carolina Invigorates The Just And Equitable Tax Clause, K. Dawn Milam

North Carolina Law Review

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

The Case Against Megacities, Michael Evans

The US Army War College Quarterly: Parameters

No abstract provided.

Learning From The Past, Looking To The Future, Matthew Morton

The US Army War College Quarterly: Parameters

No abstract provided.