Digital Commons Network^™

How Atrocity Becomes Law: The Neoliberalisation Of Security Governance And The Customary Laws Of Armed Conflict, Tracey Leigh Dowdeswell

Osgoode Legal Studies Research Paper Series

This article discusses the impact of neoliberal ideologies of security governance on the laws of armed conflict, and describes how neoliberal practices of privatisation, outsourcing, and risk management within the security sector have facilitated the legalisation of atrocities. Neoliberal mentalities of governance have significantly impacted military administration in combat operations by decentralising control, by promoting discretion and freedom of action down the chain-of-command, and by institutionalising intent-based orders and standing Rules of Engagement. In so doing, the military has shifted the criteria for attack from one based upon an individual's status as a combatant to one of defining and containing …

Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania

Osgoode Legal Studies Research Paper Series

In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command- and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of …

Reconceptualizing Managerial Judges, Steven Baicker-Mckee

American University Law Review

No abstract provided.

Talking Foreign Policy: A Discussion On Cyber Warfare, Milena Sterio, Shannon French, Michael Newton, Peter Singer, Michael P. Scharf

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand.

This broadcast featured:

• Peter Singer, Director of the Center for 21st Century Security and Intelligence, Brookings Institution
• Michael Newton, Professor of Law, Vanderbilt University
• Milena Sterio, Associate Professor of Law, Cleveland-Marshall College of Law
• Shannon French, Professor of Philosophy and Director of the …

Assessing Soldiers' Mental Health: Meeting The Needs Of Veterans With Ptsd, Tbi, And Cte—Pre-Deployment, At Home, And In Court, Robert H. Ambrose

William Mitchell Law Review

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Federalism And Nationalism: Time For A Détente?, Heather K. Gerken

Saint Louis University Law Journal

No abstract provided.

Federalism As A Problem Of Governance, Not Of Doctrinal Warfare, Edward L. Rubin

Saint Louis University Law Journal

No abstract provided.

Federalism, Democracy, And The Challenge Of Ferguson, Samuel P. Jordan

Saint Louis University Law Journal

No abstract provided.

Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison

UIC Law Review

The World War I (WWI) era generated the substantive First Amendment. Subsequent jurisprudence, however, has focused on the speech right and left the right to assemble underdeveloped. This is so because courts, lawyers, and scholars view the WWI cases as speech cases. In fact, these cases implicitly tested the assembly right more than they have been read to test the speech right because they involved “membership crime” – criminal conspiracy in federal and state courts, and criminal syndicalism at the state level. This Article uncovers the importance of the assembly right during the substantive First Amendment’s generation. It therefore serves …

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.

Surgical Arbitration: Excising First Amendment Cataracts From Religious Hierarchical Property Disputes, David Fulton

Texas A&M Journal of Property Law

This Comment proposes adding contractual stipulations that result from the surgical arbitration of two questions to the neutral-principles-of-law method analysis. Outsourcing the question: “Did the national denomination substantially and unforeseeably change its doctrine?” to arbitration, allows the underlying cause of the hierarchical religious property dispute to be weighed by a court without compromising that court’s religious neutrality. This Comment will explore this issue primarily in the context of the Presbyterian Church’s (U.S.A.) (“PC(USA)”) affiliation with local churches in Texas that recently attempted to disassociate from the national denomination.

The first Section of this Comment will briefly examine the historical context …

Awakening Self-Interest: American Military Justice In Afghanistan And Iraq, Frank Rosenblatt

Journal Articles

No abstract provided.

Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss

Law Faculty Articles and Essays

This Article addresses the Cherokee Nation and its historic conflict with the descendants of its former black slaves, designated Cherokee Freedmen. This Article specifically addresses how historic discussions of black, red, and white skin colors, designating the African-ancestored, aboriginal (Native American), and European-ancestored people of the United States have helped to shape the contours of color-based national belonging among the Cherokee. The Cherokee past practice of black slavery and the past and continuing use of skin color-coded belonging not only undermines the coherence of Cherokee sovereignty, identity, and belonging but also problematizes the notion of an explicitly aboriginal way of …

A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

Articles

No abstract provided.

Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena Mutua, Francisco Valdes

Articles

No abstract provided.

Bond V. United States: Choosing The Lesser Of Two Evils, David L. Sloss

Faculty Publications

In Bond v. United States, Carol Anne Bond used toxic chemicals in an attempt to poison her husband’s lover. The federal government prosecuted Bond for violating the Chemical Weapons Convention Implementation Act of 1998 (the “CWC Act”). Congress enacted the CWC Act to implement U.S. obligations under the Chemical Weapons Convention (CWC), a multilateral treaty signed in 1993 that is designed to address the global threat posed by chemical weapons. Bond challenged the constitutional validity of the federal statute and urged the Court to overrule Missouri v Holland, a 1920 case holding that the combination of the Treaty Power and …

Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck

Indiana Journal of Global Legal Studies

Eastern Africa has been plagued for generations with what Richard Auty considers 'The Resource Curse." This curse, translated into modern economic tragedies, is the exploitive extraction and use of precious minerals from Eastern Africa, specifically the Democratic Republic of the Congo (DRC). As a result of attempts to combat the international market that perpetuates this curse, Section 1502 of the Dodd-Frank Wall Street Reform Act, largely in response to human rights activism, passed into law a provision requiring companies to account to the Securities and Exchange Commission (SEC) for their use of certain listed foreign minerals. Although such regulation is …

The Occupation Of Truth, John Dever, James Dever

MC Law Review

No abstract provided.

Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean D. O'Brien, Kathleen Wayland

Hofstra Law Review

The article presents practical advice for U.S. defense attorneys on the use of narratives to counter the prejudicial psychiatric labels that prosecutors invoke in capital punishment cases, and it mentions implicit bias and decision-making in law. Cognitive psychology is addressed, along with the use of stereotypes and labels such as psychopathy and Antisocial Personality Disorder in order to generate fear. The admissibility of evidence is examined, along with expert evidence in America.

Technology And The Law On The Use Of Force: New Security Challenges In The Twenty-First Century, By Jackson Maogoto, Asaf Lubin

Articles by Maurer Faculty

Review of:

Technology and the Law on the Use of Force: New Security Challenges in the Twenty-First Century. By Jackson Maogoto. Oxford, UK: Routledge, 2015. Pp xviii, 111. Price: $117.71 (Hardcover).

Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

When Is Hacking Ethical?, Sharif Rezazadehsaber

Legacy Theses & Dissertations (2009 - 2024)

This thesis examines situations in which computer hacking might be considered ethical. It addresses fundamental questions regarding the motivation and consequences of ethical hacking. The paper is organized into three sections. The first section discusses the history of hackers, classifies them according to their motivational background. The second part of the paper comprehensively describes the features of the ethical or “white hat” hacker group, and explores the positive and negative behaviors of ethical hackers in relation to their ethical principles. In the final section of the paper, I discuss hacktivist groups, their unique ideologies, and the risks they face, including …

25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson

Marquette Sports Law Review

None.

Disarming The Dangerous: Preventing Extraordinary And Ordinary Violence, M. Fan

Indiana Law Journal

Mass shootings at Navy Yard, Newtown, Aurora, and elsewhere have jolted Congress and the states into considering gun violence prevention. More than 1500 gun-related bills have been introduced since 2013, after the slaughter in Newtown of twenty elementary-school children and six adults. Legislation and debates are shaped by the specter of a heavily armed, mentally ill individual hunting in public places such as schools, businesses, and workplaces. In the states, the most successful type of legislation involves firearms restrictions for the mentally ill. In Congress, the legislation that garnered the most debate was a ban on assault weapons and large-capacity …

On Designation Of North Korea As A State Sponsor Of Cyberterrorism, Justin L. Koplow

SMU Science and Technology Law Review

No abstract provided.

Airborne And Air Assault Operations, United States Army

United States Army: Field Manuals

Airborne and Air Assault Operations, United States Army Field Manual FM 3-99

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.