Digital Commons Network^™

The New Refugees And The Old Treaty: Persecutors And Persecuted In The Twenty-First Century, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

When the fledgling U.N. negotiated a treat to protect refugees after the Second World War, member states focused on Europe as well as on events causing forced migration that occurred prior to 1951. No one imagined that cross-border escape from persecution would become a global phenomenon and remain one more than sixty years later, or that this human rights treaty would be needed in the twenty-first century. In fact, as increased numbers of asylum seekers from developing countries reached the most developed regions of the world during the last thirty years, critics have questioned the merits of this treaty and …

Human Rights Thinking And The Laws Of War, David Luban

Georgetown Law Faculty Publications and Other Works

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.”

Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is …

The Financial Action Task Force: International Regulatory Convergence Through Soft Law, Nicholas W. Turner

NYLS Law Review

No abstract provided.

The Role Of Naval Power In The Development Of Customary International Law, John J. Chung

Law Faculty Scholarship

No abstract provided.

It's Getting Hot In Here: A Look Into Whether Ocean Iron Fertilization Is Legally Viable In The United States, James Richards

SMU Science and Technology Law Review

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

Mapping The Matrix: Defining The Balance Between Executive Action And Legislative Regulation In The Battlefield Of Cyberspace., Tyler K. Lowe

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

The Landwarnet School, The Army Learning Model, And Appreciative Inquiry: How Is A Centralized Training Organization Improved By Introducing Decentralization?, Lisa Jayne Stamper

College of Graduate Studies: Theses & Dissertations

This exploratory, qualitative case study describes how a centralized training organization (LandWarNet School) was improved by introducing decentralization (Army Learning Model) toward “the best competitive position” or "sweet spot," defined by Brafman and Beckstrom (2006) as “enough decentralization for creativity, but sufficient structure and controls to ensure consistency” (pp. 189, 191). Any presence of the six chaordic elements of a decentralized organization, as described by Hock (1999), was also considered.

LandWarNet School (LWNS) trains approximately 6000 US Army Soldiers annually and is centrally organized. The new Army Learning Model (ALM) is a vision for a more decentralized training approach where …

African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt

Journal Publications

This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA 'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international …

A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Covert Use Of Drones: How Secrecy Undermines Oversight And Accountability, Milena Sterio

Law Faculty Articles and Essays

Under the Obama Administration, the number of drone strikes has sharply increased, prompting criticism and concern. As one commentator has noted, “[u]nder Obama, drone strikes have become too frequent, too unilateral, and too much associated with the heavy-handed use of American power.” Many scholars have focused on the legal issues arising from the use of drones, analyzing their legality under applicable law of self-defense, as well as under international humanitarian law and international human rights law.

This Article highlights another problematic aspect of the current American use of drones, which is secrecy. As will be argued below, because a large …

Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

Faculty Articles

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …

The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman

Fordham International Law Journal

No abstract provided.

Ferguson To Geneva: Using The Human Rights Framework To Push Forward A Vision For Racial Justice In The United States After Ferguson, Justin Hansford, Meena Jagannath

UC Law Journal of Race and Economic Justice

As demonstrations under the banner of #BlackLivesMatter continue to erupt around the United States against state-sponsored violence, and as state, local, and federal officials continue to eschew fundamental social change, families and protesters have begun to explore alternative international forums in the search for justice. The Ferguson to Geneva delegation represents a significant event in this internationalist turn. The delegation, consisting of the parents of Mike Brown, Jr. and young Black leaders from Ferguson, chose to air their grievances before the United Nations Committee Against Torture in the fall of 2014. This article reproduces the delegation's "shadow report," which laid …

Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler

Articles by Maurer Faculty

The Islamic State has combined its extreme violence with digital and cyber technologies to produce and distribute globally videos recording atrocities it commits. This article argues that those in the Islamic State who make and distribute these atrocity videos are committing war crimes under international law. After introducing the unprecedented phenomenon the atrocity videos represent (I.), the article first examines the relationship between international law and propaganda in war and peace (II.) The article then argues the atrocity videos violate prohibitions in international humanitarian law and constitute war crimes (III.). The article concludes by presenting criticisms of this argument and …

Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston

Texas A&M Law Review

This Article compares a historical model of congressional intelligence oversight, as demonstrated by Church’s leadership as chairman of the U.S. Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (“Church Committee”), with current intelligence oversight deficiencies that have induced a growing population of citizens to demand greater protections against government overreach and wrongdoing. By examining the difficulties Church and the Church Committee experienced in gathering evidence of government misconduct and publicly disseminating such information, a more historical perspective may reveal the viability of alternative methods of congressional intelligence oversight.

Introduction To The Symposium Edition: New Technology And Old Law: Rethinking National Security, Lisa A. Rich

Texas A&M Law Review

Introduction to the Symposium Edition: New Technology and Old Law: Rethinking National Security

Security, Privacy, And Technology Development: The Impact On National Security, Abraham R. Wagner, Paul Finkelman

Texas A&M Law Review

The evolution of modern communications and information technology sparked a revolution of unprecedented proportions, bringing about an explosion in terms of users and capabilities, as well as increasing demands for both security and privacy. To meet these security demands, new technologies are evolving that can in fact provide a secure and protected environment. At the same time, however, the technology-development path is being increasingly impacted by two other major dynamics: the legal environment and user expectations with respect to privacy. Within the past four years in particular, several major court decisions as well as the official release of documents and …

Game Of Drones: Defending Against Drone Terrorism, Tung Yin

Texas A&M Law Review

This Article considers the threat posed by drone terrorism and the technological and legal issues involved in setting up defensive responses. First, the Article provides an overview of current drone technology, legal views on weaponized military drones, and a discussion of the potential appeal of drones as vehicles for terrorism. Next, it discusses the current laws and regulations pertaining to private drones. The Article then lays out the three challenges to defending against drone terrorism: detecting potentially hostile drones, identifying them, and destroying or neutralizing them. Finally, it closes with some proposals to begin to develop the legal and technological …

The U.S. Employment Of Unmanned Aerial Vehicles (Uavs): An Abandonment Of Applicable International Norms, David E. Graham

Texas A&M Law Review

Much has been written over the past several years regarding the increased U.S. employment of UAVs as a weapon system against both combatants on a battlefield and terrorists far removed from an active zone of military operations. As an element of this dialogue, there has occurred a growing discussion as to whether, given what some view as the appearance of new threats to national security—existing in the form of al-Qaeda and similar terrorist organizations—there is now a need for enhanced clarity and transparency concerning the legal principles applicable to when, where, and how such systems might be used. The purpose …

Emerging Biotechnologies And The 1972 Biological Weapons Convention: Can It Keep Up With The Biotechnology Revolution?, Victoria Sutton

Texas A&M Law Review

In light of the quandaries presented by domestic law, has the Biological Weapons Convention of 1972 (“BWC”) also been so outpaced by the technologies that it is no longer effective and meaningful in international law? Part II will examine the continuum of official actions that have attempted to keep pace with the growing biotechnologies that may present threats to global biosecurity through interpreting the BWC. Part III looks at how these definitions may not be sufficient. Finally, Part IV looks at other mechanisms that may provide a better way of controlling biological weapons than redefining the technologies through the current …

Reconstruction After Genocide: An Analysis Of The Justice System For The Women Victims Of Genocidal Rape In Post-Conflict Bosnia, Hannah E. Gardenswartz

Scripps Senior Theses

In the conflict in Bosnia-Herzegovina, one of the critical elements of the ethnic cleansing regimes was rape and impregnation of women. When the international justice system was created to criminally try the perpetrators of the atrocities, including the rape victims was a new development. Looking at the tribunals and court system from a gendered perspective reveals that the efforts to include rape victims have not taken into account their specific needs, stemming from their trauma. A critical look the ICTY and other criminal courts are presented, as well as recommendations for improving inclusivity and reconciliation.

Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen

Faculty Publications

(Excerpt)

On March 16, 2014 the residents of Crimea woke up in Ukraine, as they had every morning since the dissolution of the USSR at the end of 1991. That evening they went to sleep in what claimed to be the independent Republic of Crimea. They lived in that putative country for the next day. On March 18, the leaders of Crimea signed a treaty merging their day-old country into Russia.

Much had taken place before these three days in March 2014. There were arguments about Ukraine associating with the European Union (EU) or joining a Russian-led Eurasian Economic Union. …

A Response To The Ipcc Fifth Assessment, 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, Jessica Owley, Shannon M. Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

Journal Articles

This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a result …

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

Journal Articles

This article marks the twentieth anniversary of Latina and Latino Critical Legal Theory or the LatCrit organization, an association of diverse scholars committed to the production of knowledge from the perspective of Outsider or OutCrit jurisprudence. The article first reflects on the historical development of LatCrit’s substantive, methodological, and institutional commitments and practices. It argues that these traditions were shaped not only by its members’ goals and commitments but also by the politics of backlash present at its birth in the form of the “cultural wars,” and which have since morphed into perpetual “crises” grounded in neoliberal policies. With this …

Quintessential Intractability: Attractors And Barriers In The Palestinian-Israeli Conflict, Samuel (Muli) Peleg

Cardozo Journal of Conflict Resolution

Intractable conflicts are those that linger despite the parties' understanding that they would be better off resolving their disagreements in negotiation. The obvious ensuing question is why these conflicts persist when rational considerations indicate they should cease. A valuable way to examine this ostensible paradox is through the lens of Dynamical Systems Theory ("DST") and specifically by applying the concept of conflict attractors, which are "patterns of thinking, feeling and acting ... pulling ... toward a negative, destructive state that becomes self-organizing and selfperpetuating." The DST frame is particularly useful to observe intractable conflicts since it focuses on nonlinear, multi-dimensional …

Justice Among Nations: A History Of International Law, Gerard V. Bradley

Journal Articles

NEFF, Stephen C. Justice Among Nations: A History of International Law. Cambridge, Mass.: Harvard University Press, 2014. 628 pp. Cloth, $45.00.

This magisterial work is not a "history of international law" in the most conventional senses of the term. The author is not concerned to identify the origins or to trace the rise and fall of specific norms of international law. Nor does he provide a history of institutions which traverse national borders. This is not a book about globe-rattling events, such as world wars, era-defining treaties (Westphalia, Versailles), or the comings and goings of great men (Caesar, Churchill). …

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

Cornell Law Faculty Publications

In both the anthropology of law and comparative legal studies, a new direction for research and practice is emerging: collaboration. This article analyzes collaboration as a modality of comparative law and legal anthropology and indeed a wider template for social and political life at this moment. I consider the theoretical and practical reasons for its importance at this moment, and its implications for the relationship of comparative law and legal anthropology. I argue that the very ubiquity and mundanity of collaboration discourse and practice in law and policy suggests that a response cannot simply be critique from outside — it …

One Minute To Midnight: Amending The War Powers Resolution To Confront The Coming Cyber Wars, Benjamin L. Monarch

Kentucky Law Journal

No abstract provided.

Measuring Party Polarization In Congress: Lessons From Congressional Participation As Amicus Curiae, Neal Devins

Case Western Reserve Law Review

No abstract provided.