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Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania Jul 2014

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

Indiana Journal of Global Legal Studies

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 governance …


Edification From The Andorran Model: A Brief Exploration Into The Condominium Solution On The International Stage And Its Potential Application To Current Land Disputes, Taylor Calvin Perkins Jul 2014

Edification From The Andorran Model: A Brief Exploration Into The Condominium Solution On The International Stage And Its Potential Application To Current Land Disputes, Taylor Calvin Perkins

Indiana Journal of Global Legal Studies

This note explores the international legal concept of the condominium solution and its current manifestation under the Andorran political system. It endeavors to come to a working definition of condominium, before embarking on a survey of condominiums throughout history. The note then chronicles the history of Andorra and the genesis of the Andorran condominium, and then analyzes the current Andorran constitution and the influence of the condominium within the document. Lastly, the paper explores why Andorra has been able to remain a condominium for over eight centuries, before finally ruminating on the optimistic future of condominium solutions in international law.


When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo Jul 2014

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …


Environmental Law, Eleventh Circuit Survey, Travis M. Trimble Jul 2014

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

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 …


Parameters – Full Issue, Usawc Parameters Jul 2014

Parameters – Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

Rebalancing the Rebalance by Michael Spangler Strategy Versus Statecraft in Crimea by Lukas Milevski Eisenhower and US Grand Strategy by Raymond Millen Private Contractors & Military Professionals by Scott L. Efflandt, Christopher Spearin, Birthe Anders Special Commentary: Insights from the Army's Drawdowns by Jason W. Warren


Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps Jun 2014

Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps

Georgia Journal of International & Comparative Law

No abstract provided.


Redistribution Within Collective Organizations: What Corporations, Condominiums And Unions Tell Us About The Proper Use Of Government Power, Richard A. Epstein Jun 2014

Redistribution Within Collective Organizations: What Corporations, Condominiums And Unions Tell Us About The Proper Use Of Government Power, Richard A. Epstein

Articles

No abstract provided.


William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State, Gautham Rao Jun 2014

William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State, Gautham Rao

Chicago-Kent Law Review

In 1983, William E. Nelson published The Roots of American Bureaucracy, 1830–1900. Nelson traced the somewhat unlikely emergence and victory of the bureaucratic model in American political and legal thought. This article summarizes the book’s argument and describes its reception. It also seeks to assess the scholarly legacy of The Roots of American Bureaucracy. I argue that the book was ahead of its time because it contradicted prevailing scholarly trends in identifying a significant federal state in nineteenth-century America. In particular, during the past two decades, historians and political scientists have built on Nelson’s insights to develop a consensus about …


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

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

Missouri Law Review

For many, Attorney Atticus Finch’s (Gregory Peck) representation of an innocent African-American accused of rape by a Southern white woman in Depression-era Alabama by the town’s most imposing citizen, in To Kill a Mockingbird, represents the consummate portrayal of the lawyer’s discharge of his ethical duty to his client. Tom Robinson (Brock Peters) is falsely accused of rape by Mayella Violet Ewell (Collin Wilcox), the daughter of a lower-class, white bigot, Bob Ewell (James Anderson), who caught her at tempting to physically seduce Robinson, an African-American. The Ewells, clearly influenced by the father’s racial hatred, address Mayella’s unacceptable sexual appetite …


Commentaries And Replies, Usawc Press Jun 2014

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphné Richemond-Barak Phd Jun 2014

Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphné Richemond-Barak Phd

Michigan Journal of International Law

The private security and military industry has undergone a dramatic shift over the past decade—from an under-regulated sphere of activity to one in which an array of self-regulatory schemes has emerged. These regulatory initiatives took shape as states, security companies, and the broader public recognized the need to clarify the legal framework applicable to private security and military companies. Private contractors, once regarded as mercenaries, have over the past two decades played an increasingly central role in support of modern militaries. Reasons for this phenomenon range from budgetary policy to the need for specialized expertise most readily available in the …


International Humanitarian Law Teaching Supplement: Volume 2 - International Criminal Law, Beth Van Schaack Jun 2014

International Humanitarian Law Teaching Supplement: Volume 2 - International Criminal Law, Beth Van Schaack

Faculty Publications

This supplement is designed to provide comprehensive yet focused materials on international humanitarian law (IHL), or the law of armed conflict, for inclusion in other substantive courses, such as public international law, international criminal law, or foreign relations law. The supplement is divided into four main substantive chapters on IHL—when does IHL apply, conflict classification, and means and methods of combat—with an emphasis on how these concepts would arise in a legal proceeding, such as a war crimes prosecution. Each chapter contains an introduction to the main IHL concepts; cases and primary source materials drawn from the jurisprudence of the …


The Great Power Origins Of Human Rights, Seth Mohney Jun 2014

The Great Power Origins Of Human Rights, Seth Mohney

Michigan Journal of International Law

For years, historians depicted the history of human rights as the inexorable triumph of universal norms. This account underestimates both the historical and contemporary uncertainty surrounding many international human rights. As even casual observers must note, the tale of human rights progress is not littered with beneficent heads of state persuaded to pursue progress by the moral charge of universal norms. Instead, this history’s primary scenes feature struggles among great powers, peoples, and movements advancing diverse interests. Recognizing the complexity of human rights history, a new generation of historians has emphasized that human rights progress is not preordained, but rather …


Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau Jun 2014

Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau

William & Mary Law Review

Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …


Private Military & Security Companies: A Review Essay, Birthe Anders Jun 2014

Private Military & Security Companies: A Review Essay, Birthe Anders

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor, Antulio J. Echevarria Ii Jun 2014

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Special Operations Forces & Private Security Companies, Christopher Spearin Jun 2014

Special Operations Forces & Private Security Companies, Christopher Spearin

The US Army War College Quarterly: Parameters

No abstract provided.


Review Essays, Usawc Press Jun 2014

Review Essays, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Strategy Versus Statecraft In Crimea, Lukas Milevski Jun 2014

Strategy Versus Statecraft In Crimea, Lukas Milevski

The US Army War College Quarterly: Parameters

No abstract provided.


What Every U.S. Casino And Card Club Must Know About Compliance With The Office Of Foreign Assets Control (Ofac) Regulations, Leonard C. Senia May 2014

What Every U.S. Casino And Card Club Must Know About Compliance With The Office Of Foreign Assets Control (Ofac) Regulations, Leonard C. Senia

UNLV Gaming Research & Review Journal

No abstract provided.


The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin May 2014

The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin

International Law Studies

Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.


The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv May 2014

The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv

Georgia Journal of International & Comparative Law

No abstract provided.


Applying Memory Forensics To Rootkit Detection, Igor Korkin, Ivan Nesterov May 2014

Applying Memory Forensics To Rootkit Detection, Igor Korkin, Ivan Nesterov

Annual ADFSL Conference on Digital Forensics, Security and Law

Volatile memory dump and its analysis is an essential part of digital forensics. Among a number of various software and hardware approaches for memory dumping there are authors who point out that some of these approaches are not resilient to various anti-forensic techniques, and others that require a reboot or are highly platform dependent. New resilient tools have certain disadvantages such as low speed or vulnerability to rootkits which directly manipulate kernel structures, e.g., page tables. A new memory forensic system – Malware Analysis System for Hidden Knotty Anomalies (MASHKA) is described in this paper. It is resilient to popular …


Why Penetration Testing Is A Limited Use Choice For Sound Cyber Security Practice, Craig Valli, Andrew Woodward, Peter Hannay, Mike Johnstone May 2014

Why Penetration Testing Is A Limited Use Choice For Sound Cyber Security Practice, Craig Valli, Andrew Woodward, Peter Hannay, Mike Johnstone

Annual ADFSL Conference on Digital Forensics, Security and Law

Penetration testing of networks is a process that is overused when demonstrating or evaluating the cyber security posture of an organisation. Most penetration testing is not aligned with the actual intent of the testing, but rather is driven by a management directive of wanting to be seen to be addressing the issue of cyber security. The use of penetration testing is commonly a reaction to an adverse audit outcome or as a result of being penetrated in the first place. Penetration testing used in this fashion delivers little or no value to the organisation being tested for a number of …


Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D. May 2014

Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D.

Santa Clara Journal of International Law

No abstract provided.


Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral May 2014

Bond V. United States. Deciphering Missouri V. Holland And The Scope Of Congress's Powers When Implementing A Non-Self-Executing Treaty, Stephanie Peral

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Bond v. United States. What started as an act of revenge by a jealous wife will require the Supreme Court to examine a ninety-year old precedent concerning the extent of Congress's powers when acting pursuant to a treaty and whether a valid treaty allows Congress to act without being limited by the Article I enumerated powers.


Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi May 2014

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …


"Dangerous Subjects": James D. Saules And The Enforcement Of The Color Line In Oregon, Kenneth Robert Coleman May 2014

"Dangerous Subjects": James D. Saules And The Enforcement Of The Color Line In Oregon, Kenneth Robert Coleman

Dissertations and Theses

In June of 1844, James D. Saules, a black sailor turned farmer living in Oregon's Willamette Valley, was arrested and convicted for allegedly inciting Indians to violence against a settler named Charles E. Pickett. Three years earlier, Saules had deserted the United States Exploring Expedition, married a Chinookan woman, and started a freight business on the Columbia River. Less than two months following Saules' arrest, Oregon's Provisional Government passed its infamous "Lash Law," banning the immigration of free black people to the region. While the government repealed the law in 1845, Oregon passed a territorial black exclusion law in 1849 …


Modern Maritime Neutrality Law, James Farrant May 2014

Modern Maritime Neutrality Law, James Farrant

International Law Studies

This article is a fundamental reappraisal of the rules of maritime neutrality, including blockade, contraband and maritime zones. It is one of the most comprehensive reassessments of this area of the law since R. W. Tucker's seminal work in this publication in 1955. As well as defining and stating the rules of maritime neutrality, the piece offers recommendations for future development of the law which drafters of State law of armed conflict manuals may wish to consider.


Gender And Armed Conflict, Christine Chinkin May 2014

Gender And Armed Conflict, Christine Chinkin

Book Chapters

The construction of social sex and gender roles means that armed conflict is sexed and gendered. Men still make up the majority of the fighting forces, while women's generally unequal and subordinate social and economic position makes them vulnerable in particular ways during conflict. Women and men, girls and boys all suffer gender-based violence. Such violence is directed at a person because of his or her gender. For instance men sustain specific harms such as disappearances and deliberate killings in greater numbers than women, while women disproportionately experience sexual violence. The detention of Bosnian Muslims at Potocari on 12 July …