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The Development Of The Responsibility To Protect: An Examination Of The Debate Over The Legality Of Humanitarian Intervention, Chelsea O’Donnell Apr 2014

The Development Of The Responsibility To Protect: An Examination Of The Debate Over The Legality Of Humanitarian Intervention, Chelsea O’Donnell

Duke Journal of Comparative & International Law

No abstract provided.


The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies Apr 2014

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.


The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland Apr 2014

The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland

Catholic University Law Review

No abstract provided.


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio Apr 2014

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …


Copyright Infringement And The Separated Powers Of Moral Entrepreneurship, Joseph P. Fishman Apr 2014

Copyright Infringement And The Separated Powers Of Moral Entrepreneurship, Joseph P. Fishman

Vanderbilt Law School Faculty Publications

This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception of moral entrepreneurship consists of two groups performing separate tasks: rule creators work to translate their preferred norms into legal prohibitions, and then a separate class of enforcers administer those prohibitions. In a limited sense, U.S. copyright law hews to this scheme. Legislation such as the No Electronic Theft Act of 1997 and the Artists’ Rights and Theft Prevention Act of 2005 has assigned the federal government an increasing role in defining intellectual-property …


Motions 2014 Volume 666, University Of San Diego School Of Law Student Bar Association Apr 2014

Motions 2014 Volume 666, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Enforcement Discretion And Executive Duty, Zachary S. Price Apr 2014

Enforcement Discretion And Executive Duty, Zachary S. Price

Vanderbilt Law Review

Recent Presidents have claimed wide-ranging authority to decline enforcement of federal laws. The Obama Administration, for example, has announced policies of abstaining from investigation and prosecution of certain federal marijuana crimes, postponing enforcement of key provisions of the Affordable Care Act, and suspending enforcement of removal statutes against certain undocumented immigrants. While these examples highlight how exercises of executive enforcement discretion-the authority to turn a blind eye to legal violations-may effectively reshape federal policy, prior scholarship has offered no satisfactory account of the proper scope of, and constitutional basis for, this putative executive authority. This Article fills that gap. Through …


Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach, John Kinney Mar 2014

Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach, John Kinney

University of the District of Columbia Law Review

This case presents an unfortunate, but all too common set of circumstances in the world today. Plaintiff is a homeowner in financial distress who seeks a loan modification from an unresponsive bank relying on an ineffectual federal program. This statement, by Magistrate Lois Bloom in Rivera v. Bank of America, best captures the utter frustration felt by financially distressed homeowners and sympathetic judges regarding the government's failed efforts to stem the foreclosure crisis. Heard countless times in thousands of courtrooms across the country in the aftermath of the 2008 global financial meltdown, Magistrate Bloom expressed what seemed deliberate efforts by …


The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky Mar 2014

The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky

Touro Law Review

No abstract provided.


The Seminole Tribe Of Florida And The Everglades Ecosystem: Refuge And Resource, Allison M. Dussias Mar 2014

The Seminole Tribe Of Florida And The Everglades Ecosystem: Refuge And Resource, Allison M. Dussias

FIU Law Review

No abstract provided.


The Seminole Tribe And The Origins Of Indian Gaming, Matthew L.M. Fletcher Mar 2014

The Seminole Tribe And The Origins Of Indian Gaming, Matthew L.M. Fletcher

FIU Law Review

No abstract provided.


Creating A Seminole Enemy: Ethnic And Racial Diversity In The Conquest Of Florida, Andrew K. Frank Mar 2014

Creating A Seminole Enemy: Ethnic And Racial Diversity In The Conquest Of Florida, Andrew K. Frank

FIU Law Review

No abstract provided.


The Background And Continued Cultural And Historical Importance Of The Seminole Wars In Florida, Brent R. Weisman Mar 2014

The Background And Continued Cultural And Historical Importance Of The Seminole Wars In Florida, Brent R. Weisman

FIU Law Review

No abstract provided.


Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord Mar 2014

Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord

Law and Contemporary Problems

No abstract provided.


Opening Remarks, Akhil Reed Amar Mar 2014

Opening Remarks, Akhil Reed Amar

William & Mary Law Review

No abstract provided.


Using Rico To Fight Environmental Crime: The Case For Listing Violations Of Rcra As Predicate Offenses For Rico, Brendan P. Rielly Mar 2014

Using Rico To Fight Environmental Crime: The Case For Listing Violations Of Rcra As Predicate Offenses For Rico, Brendan P. Rielly

Notre Dame Law Review

No abstract provided.


The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen Mar 2014

The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen

Michigan Journal of International Law

The historical fact that the law of armed conflict (LOAC) has always lagged behind current methods of warfare does not mean that it always must. This Article will argue that the underlying assumption that law must be reactive is not an intrinsic reality inherent in effective armed conflict governance. Rather, just as military practitioners work steadily to predict new threats and defend against them, LOAC practitioners need to focus on the future of armed conflict and attempt to be proactive in evolving the law to meet future needs.


Men And Boys And The Ethical Demand For Social Justice, Samuel Vincent Jones Mar 2014

Men And Boys And The Ethical Demand For Social Justice, Samuel Vincent Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Forking Paths: War After Afghanistan, Michael Evans Mar 2014

Forking Paths: War After Afghanistan, Michael Evans

The US Army War College Quarterly: Parameters

No abstract provided.


Predicting Future War, Robert A. Johnson Mar 2014

Predicting Future War, Robert A. Johnson

The US Army War College Quarterly: Parameters

No abstract provided.


Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell Mar 2014

Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell

The US Army War College Quarterly: Parameters

No abstract provided.


Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard Mar 2014

Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard

The US Army War College Quarterly: Parameters

No abstract provided.


Pakistan's Changing Counterterrorism Strategy: A Window Of Opportunity?, Michael Spangler Mar 2014

Pakistan's Changing Counterterrorism Strategy: A Window Of Opportunity?, Michael Spangler

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters – Full Issue, Usawc Parameters Mar 2014

Parameters – Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

The New Cold War: A Way Ahead for US Strategy by Michael G. Roskin Options for Avoiding Counterinsurgencies: Learning from Afghanistan by David H. Ucko and Robert C. Egnell Rethinking Small-Footprint Interventions: Thomas Schelling's “Tipping” Points by Stephen Watts and Stephanie Pezard Pakistan’s Changing Counterterrorism Strategy: A Window of Opportunity? by Michael Spangler China's North Korea Policy: Rethink or Recharge? by Andrew Scobell and Mark Cozad Predicting Future War by Robert Johnson Forking Paths: War After Afghanistan by Michael Evans The National Guard as a Strategic Hedge by James D. Campbell Reserve Component Costs: A Relook by James “Rick” Morrison


Commentaries And Replies, Usawc Press Mar 2014

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Mar 2014

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Review Essays, Usawc Press Mar 2014

Review Essays, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo Feb 2014

The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo

International Law Studies

This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.


Lawyers, Clients, And Mediation, Jacqueline M. Nolan-Haley Feb 2014

Lawyers, Clients, And Mediation, Jacqueline M. Nolan-Haley

Notre Dame Law Review

No abstract provided.


Christian Jurisprudence Of Robert E. Rodes Jr., Thomas L. Shaffer Feb 2014

Christian Jurisprudence Of Robert E. Rodes Jr., Thomas L. Shaffer

Notre Dame Law Review

No abstract provided.