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Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank Sep 2014

Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank

Georgia Journal of International & Comparative Law

No abstract provided.


A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson Sep 2014

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin Sep 2014

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


Regulating Weaponized Nanotechnology: How The International Criminal Court Offers A Way Forward, Lucas D. Bradley Sep 2014

Regulating Weaponized Nanotechnology: How The International Criminal Court Offers A Way Forward, Lucas D. Bradley

Georgia Journal of International & Comparative Law

No abstract provided.


Formulary Appointment In The U.S. International Income Tax System: Putting Lipstick On A Pig?, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Sep 2014

Formulary Appointment In The U.S. International Income Tax System: Putting Lipstick On A Pig?, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Michigan Journal of International Law

An affiliated corporate group consists of two or more corporations linked by sufficient stock ownership to cause them to function as an economic unit instead of as independent economic actors. Thus, an affiliated corporate group engaged in international business is often referred to as a multinational enterprise (MNE), a term that we will use throughout this Article. When corporate members of an MNE engage in transactions among themselves, the prices they employ (transfer prices) will significantly affect the amount of overall MNE income that is allocated to each member and, hence, to the tax bases of the various countries in …


International Organizations: An Early History, Michael Davies, Richard Woodward Sep 2014

International Organizations: An Early History, Michael Davies, Richard Woodward

Books/Book Chapters

This text provides a pioneering and comprehensive analysis of over one hundred international organizations. After introducing the broad historical and contextual settings, the book covers the full range of international organisations including those that are often overlooked or get minimal inclusion elsewhere. Each organization is analysed in a stand-alone section that consider its origins, basic mandates and evolution, the governance structure and the associated key players, current activities and future challenges. The descriptions also reflect each organization’s broader relationships with other international bodies.


New Territorialism And Old Territorialism, Jenny S. Martinez Sep 2014

New Territorialism And Old Territorialism, Jenny S. Martinez

Cornell Law Review

No abstract provided.


Hacking Back: Not The Right Solution, Emilio Iasiello Sep 2014

Hacking Back: Not The Right Solution, Emilio Iasiello

The US Army War College Quarterly: Parameters

No abstract provided.


Combatting Cyber-Attacks Through National Interest Diplomacy: A Trilateral Treaty With Teeth, Lawrence L. Muir Jr. Sep 2014

Combatting Cyber-Attacks Through National Interest Diplomacy: A Trilateral Treaty With Teeth, Lawrence L. Muir Jr.

Washington and Lee Law Review Online

In May 2014, the Federal Bureau of Investigation indicted five Chinese nationals for cybercrimes against American companies. That indictment was an impotent response. The United States has no extradition treaty with China, and the defendants will in all likelihood never be tried in the United States. The inefficacy of the indictments highlights a larger problem: State-controlled cyberunits can act with impunity under the present mix of international and domestic law. No laws govern conduct between nation-states, and, thus, neither victims nor nation-states have recourse against violators. This Article suggests that the United States should pursue national interest diplomacy to triangulate …


Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek Sep 2014

Rethinking The Nevada Campus Protection Act: Future Challenges & Reaching A Legislative Compromise, Brian Vasek

Nevada Law Journal

No abstract provided.


Privately Funded Family Medical Leave?, Bernie D. Jones Sep 2014

Privately Funded Family Medical Leave?, Bernie D. Jones

Northern Illinois University Law Review

Upon the twentieth anniversary of the passage of the Family Medical Leave Act of 1993, activists have been pressed to correct its failure to grant American workers federally funded paid leave similar to those found in other nations that offer expansive social programming. Recent developments indicate, though, that supporters of paid leave might be more successful at the state level, not the federal one. Nonetheless, federally funded paid leave is presented as a pressing civil rights issue. In this article, I suggest an alternative, a property theory of paid family leave, founded upon a newer formulation of pension benefits: private …


Linking Trade And Security: Evolving Institutions And Strategies In Asia, Europe, And The United States By Vinod K. Aggarwal And Kristi Govella, Henry S. Gao Sep 2014

Linking Trade And Security: Evolving Institutions And Strategies In Asia, Europe, And The United States By Vinod K. Aggarwal And Kristi Govella, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and security, while seemingly unrelated, have had a long and complicated relationship. On the one hand, trade has often been used as a means to enhance the security of the state. For example, the famous Silk Road was created and maintained by the Han Dynasty to seek allies to help defend itself against the Huns. On the other hand, security has been deemed as an important safeguard to trade, as is shown by the prevalence of the ‘Gunboat Diplomacy’ in the nineteenth century


From The Editor, Antullio J. Echevarria Ii Sep 2014

From The Editor, Antullio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Nato's New Trajectories After The Wales Summit, John R. Deni Sep 2014

Nato's New Trajectories After The Wales Summit, John R. Deni

The US Army War College Quarterly: Parameters

No abstract provided.


Crimea And Russia's Strategic Overhaul, Kristin Ven Bruusgaard Sep 2014

Crimea And Russia's Strategic Overhaul, Kristin Ven Bruusgaard

The US Army War College Quarterly: Parameters

No abstract provided.


Assessing Nato's Eastern European "Flank", Luis Simón Sep 2014

Assessing Nato's Eastern European "Flank", Luis Simón

The US Army War College Quarterly: Parameters

No abstract provided.


The Age Of Digital Conflict: A Review Essay, José De Arimatéia Da Cruz Sep 2014

The Age Of Digital Conflict: A Review Essay, José De Arimatéia Da Cruz

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Parameters Sep 2014

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Reply To Andrew F. Spillane’S The Continuing Vitality Of The Presumption Of Irreparable Harm In Copyright Cases, Daniel Zemel Aug 2014

Reply To Andrew F. Spillane’S The Continuing Vitality Of The Presumption Of Irreparable Harm In Copyright Cases, Daniel Zemel

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Journal Of Contemporary Health Law & Policy Cumulative Index Volumes 1-30 Aug 2014

The Journal Of Contemporary Health Law & Policy Cumulative Index Volumes 1-30

Journal of Contemporary Health Law & Policy (1985-2015)

No abstract provided.


Bargaining In The Shadow Of The Best-Interests Standard: The Close Connection Between Substance And Process In Resolving Divorce-Related Parenting Disputes , Jana B. Singer Aug 2014

Bargaining In The Shadow Of The Best-Interests Standard: The Close Connection Between Substance And Process In Resolving Divorce-Related Parenting Disputes , Jana B. Singer

Law and Contemporary Problems

No abstract provided.


Lawful Command Emphasis: Talk Offense, Not Offender; Talk Process, Not Results, Frank Rosenblatt, James F. Garrett, Mark Maxwell, Matthew Calarco Aug 2014

Lawful Command Emphasis: Talk Offense, Not Offender; Talk Process, Not Results, Frank Rosenblatt, James F. Garrett, Mark Maxwell, Matthew Calarco

Journal Articles

Unlawful command influence (UCI) has rightfully been called the mortal enemy of military justice. This concern stems back to the injustices that occurred during both World War I and II. The reaction to these events was a law—the Uniform Code of Military Justice (UCMJ)—in 1950. A provision within the UCMJ provides that it is improper and unlawful for any person to attempt to influence the action of an appointing or reviewing authority or the action of any court-martial in reaching its verdict or pronouncing sentence. In modern practice, the most common but nebulous type of UCI is the appearance of …


Do Constitutional Rights Make A Difference?, Adam S. Chilton, Mila Versteeg Aug 2014

Do Constitutional Rights Make A Difference?, Adam S. Chilton, Mila Versteeg

Coase-Sandor Institute for Law & Economics Research Paper Series

Although the question of whether constitutional rights matter is of great theoretical and practical importance, we know little about whether any constitutional rights actually improve rights in practice. We test the effectiveness of six political rights.


Targeted Killing, Procedure, And False Legitimation, Matthew Craig Aug 2014

Targeted Killing, Procedure, And False Legitimation, Matthew Craig

Cardozo Law Review

No abstract provided.


Limiting Political Contributions After Mccutcheon, Citizens United, And Speechnow, Albert W. Alschuler Aug 2014

Limiting Political Contributions After Mccutcheon, Citizens United, And Speechnow, Albert W. Alschuler

Public Law and Legal Theory Working Papers

The plurality and dissenting opinions in McCutcheon v. FEC seem unreal. These opinions, which considered a series of strategies for circumventing federal limits on contributions to candidates, failed to notice that these limits were no longer breathing. The D.C. Circuit’s 2010 decision in SpeechNow.org v. FEC created a far easier way to evade the limits than any of those the Supreme Court discussed. SpeechNow held all limits on contributions to super PACs unconstitutional. This Article contends that SpeechNow was wrongly decided. It also considers what can be said for and against a bumper sticker’s declarations that money is not speech …


A Fragment On Legal Innovation, Andrew Tutt Aug 2014

A Fragment On Legal Innovation, Andrew Tutt

Buffalo Law Review

No abstract provided.


The Struggle Over Executive Appointments, John C. Roberts Aug 2014

The Struggle Over Executive Appointments, John C. Roberts

Utah Law Review

This Article argues that the long-term struggle between the President and the Senate over executive appointments has now reached a crisis and that we may be approaching a point where the President’s crucial duty to take care that the laws be faithfully executed is significantly impaired. During the Obama administration, an unprecedented number of judgeships and executive branch positions remain unfilled, threatening the smooth functioning of government at an especially demanding time.


Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt Jul 2014

Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt

Pace International Law Review

The very recent and highly mediatized “Declaration of the 343 Salauds”, where 343 (male) signatures in support of prostitution in a form designed to echo the highly significant declaration of as many women in 1971 in favor of the legalization of abortion, sheds particularly interesting light upon debate about sex regimes in connection with French law. France has recently introduced compulsory quotas for women in corporate boards after imposing la parité for public appointments. A comparative perspective, confronting this recent legislative development from across the Atlantic with policy views on affirmative action and philosophical conceptions of diversity in the United …


Environmental Law, Travis M. Trimble Jul 2014

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2013, the United States Court of Appeals for the Eleventh Circuit rejected a challenge to the Navy's Undersea Warfare Training Range (Range) off the coast of Jacksonville, Florida, based on potential impacts the Range could have to the endangered North Atlantic Right Whale and other endangered species. The court held that the Navy and the National Marine Fisheries Service (NMFS) had met their obligations under the National Environmental Policy Act of 1969 (NEPA as amended and the Endangered Species Act of 1973 (ESA as amended thus far in the project. The court also decided two cases under the Clean …


Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan Jul 2014

Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.