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Insurgencies And Countering Insurgencies (Mcwp 3-33.5) (This Item Is Published With Basic Incl C1), United States Army Jan 2014

Insurgencies And Countering Insurgencies (Mcwp 3-33.5) (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

Insurgencies and Countering Insurgencies (MCWP 3-33.5) (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 3-24


Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio Jan 2014

Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio

ILSA Journal of International & Comparative Law

Grotian Moment is a term that signifies a "paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance."'


The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania Jan 2014

The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

The State of Amalea ('Amalea') and the Republic of Ritania ('Ritania') have consented to submit this dispute to the International Court of Justice ('this Court'), in accordance with Articles 36(1) and 40(1) of the Statute of the International Court of Justice ('the Statute'), by way of Compromis transmitted to the Registrar on 17 September 2013. Amalea and Ritania have undertaken to accept this Court's decision as final and binding on them and commit to comply with it in its entirety and in good faith.


The Legitimacy Of Spying Among Nations, Raphael Bitton Jan 2014

The Legitimacy Of Spying Among Nations, Raphael Bitton

American University International Law Review

No abstract provided.


The Expanding Reach Of The Executive In Foreign Direct Investment: How Ralls V. Cfius Will Alter The Fdi Landscape In The United States, Hunter Deeley Jan 2014

The Expanding Reach Of The Executive In Foreign Direct Investment: How Ralls V. Cfius Will Alter The Fdi Landscape In The United States, Hunter Deeley

American University Business Law Review

No abstract provided.


Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014), Andrew Franklin Jan 2014

Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014), Andrew Franklin

UIC Law Review

No abstract provided.


Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina Jan 2014

Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina

UIC Law Review

No abstract provided.


The Drone Games, 47 J. Marshall L. Rev. 1507 (2014), Elizabeth Fleming Jan 2014

The Drone Games, 47 J. Marshall L. Rev. 1507 (2014), Elizabeth Fleming

UIC Law Review

This Comment focuses on the Executive’s power to target American citizens who are believed to be terrorists abroad and the due process implications of such attacks. Part II provides background information pertaining to the rise


Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke Jan 2014

Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke

UIC Law Review

Contrary to the Federal Constitution, almost every state constitution, including Illinois’s, specifically guarantees its citizens’ the right to a free and efficient education provided by the state. This article will advocate for a number of reforms, which will minimize spending disparities across the state, enhance equality in per-pupil funding, and lower overall operating cost.


Crisis With Isis: Using Isis's Development To Analyze "Associated Forces" Under The Aumf, Gabrielle Logaglio Jan 2014

Crisis With Isis: Using Isis's Development To Analyze "Associated Forces" Under The Aumf, Gabrielle Logaglio

American University National Security Law Brief

No abstract provided.


Pashtunistan's Future: The Global Executive Or A Regional Solution, Joshua A. Kurtzman Jan 2014

Pashtunistan's Future: The Global Executive Or A Regional Solution, Joshua A. Kurtzman

Indiana Journal of Global Legal Studies

This note explores the transnational security issues associated with the Pashtunistan region following the withdrawal of NATO from Afghanistan in 2014. More specifically, at a time when this region is at a religious, governance, and globalization crossroads, this note posits that only two alternatives exist for addressing the security situation in this region. First, a global executive, or executives, could use their power to exert transnational security pressure through drone strikes or other pseudo-military alternatives. A second alternative, and one which this note considers much more promising, is the development of a "NATO like" organization of Muslim nations to assist …


Jonathan Crowe & Kylie Weston-Scheuber: Principles Of International Humanitarian Law (Edward Elgar 2013), Chelsea Zimmerman Jan 2014

Jonathan Crowe & Kylie Weston-Scheuber: Principles Of International Humanitarian Law (Edward Elgar 2013), Chelsea Zimmerman

Human Rights Brief

No abstract provided.


Escaping From Lawyers' Prison Of Fear, John Lande Jan 2014

Escaping From Lawyers' Prison Of Fear, John Lande

Faculty Publications

Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction …


Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf Jan 2014

Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.


Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh Jan 2014

Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.


The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson Jan 2014

The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Carta de Foresta, the Charter of the Forest of 1217, is among the first statutes in environmental law of any nation. Crafted to reform patently unjust governance of natural resources in 13th century England, the Charter of the Forest became a framework through which to reconcile competing environmental claims, then and into the future. The Charter confirmed the rights of “free men.” Kings resisted conceding these rights. When confronted with violation of the Charter, barons and royal councils obliged kings repeatedly to reissue the Forest Charter and pledge anew to obey its terms.


Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman Jan 2014

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman

Scholarly Articles in Law Reviews & Journals

As increasingly automated – and in some cases fully autonomous – weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose important challenges, however, with regard to law of armed conflict rules regulating the use of weapons. Those challenges demand international attention and special processes for …


Cyber Warfare And The Jus Ad Bellum Challenges: Evaluation In The Light Of The Tallinn Manual On The International Law Applicable To Cyber Warfare, Ido Kilovaty Jan 2014

Cyber Warfare And The Jus Ad Bellum Challenges: Evaluation In The Light Of The Tallinn Manual On The International Law Applicable To Cyber Warfare, Ido Kilovaty

American University National Security Law Brief

No abstract provided.


Second Amendment Decision Rules, Non-Lethal Weapons, And Self-Defense, A.J. Peterman Jan 2014

Second Amendment Decision Rules, Non-Lethal Weapons, And Self-Defense, A.J. Peterman

Marquette Law Review

General public debate about the Second Amendment has focused almost exclusively on the regulation of firearms. After Heller and McDonald, the scope of the Second Amendment’s protection has been hotly contested. One area of the Second Amendment that has been less discussed is the decisional rules that would govern non-firearms and levels of protection based on location. This Comment proposes two Second Amendment Constitutional decisional rules. Broadly, this Comment suggests that the “common use” test for “arms” should be modified for the development of new arms, such as non-lethal weapons, that are subject to the Second Amendment. The proposed …


Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes Jan 2014

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.


Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton Jan 2014

Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton

Animal Law Review

This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …


Federalism, Treaty Implementation, And Political Process: Bond V United States, Curtis A. Bradley Jan 2014

Federalism, Treaty Implementation, And Political Process: Bond V United States, Curtis A. Bradley

Articles

In Bond v. United States,1 the U.S. Supreme Court disallowed the prosecution of a domestic poisoning case under legislation that implements the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.2 In doing so, a majority of the Court declined to address constitutional issues concerning the relationship between the national government's treaty power and the U.S. federal system of government. Instead, the majority resolved the case by applying a presumption that federal statutes do not intrude on traditional areas of state authority, such as the prosecution of local crimes, …


A Restrained Plea For Judicial Restraint, Lino A. Graglia Jan 2014

A Restrained Plea For Judicial Restraint, Lino A. Graglia

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Cosmic constitutional theory: Why Americans are losing their inalienable right to self-governance. J. Harvie Wilkinson III. New York, N.Y.: Oxford University Press. 2012. Pp. xii + 161. Reviewed by Lino A. Graglia.


Categorization Of Detainees And Standards Of Detention, Ellen Van Cleave Jan 2014

Categorization Of Detainees And Standards Of Detention, Ellen Van Cleave

War Crimes Memoranda

No abstract provided.


Did The Sixteenth Amendment Ever Matter? Does It Matter Today?, Erik M. Jensen Jan 2014

Did The Sixteenth Amendment Ever Matter? Does It Matter Today?, Erik M. Jensen

Faculty Publications

This article, prepared for a symposium on the centennial of the ratification of the Sixteenth Amendment, argues that the Amendment was legally and politically necessary in 1913, if there was going to be a modern income tax, and that it remains significant today. The Amendment provides that “taxes on incomes” need not be apportioned among the states on the basis of population, as would otherwise be required for direct taxes. An apportioned income tax would be an absurdity, and, if there were no Amendment, Congress could not enact an unapportioned tax on income from property, the sort of tax that …


Hacking The Planet, The Dalai Lama, And You: Managing Technical Vulnerabilities In The Internet Through Polycentric Governance, Amanda Craig, Scott Shackelford Jan 2014

Hacking The Planet, The Dalai Lama, And You: Managing Technical Vulnerabilities In The Internet Through Polycentric Governance, Amanda Craig, Scott Shackelford

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article analyzes key vulnerabilities in the Internet's infrastructure, protocols, and code, and how they may be better managed through interventions at multiple levels. In particular, this Article examines the concept of polycentric governance and its applicability to technical vulnerabilities in the Internet. This theory has been championed by proponents such as Nobel Laureate Elinor Ostrom and promotes self-organization and networking regulations at multiple levels to address an array of global issues, from urban crime, to climate change and cyber attacks. However, there has not yet been a consideration of the applicability of this framework to technical Internet vulnerabilities explicitly, …


Protecting Cultural Heritage By Strictly Scrutinizing Museum Acquisitions, Leila Alexandra Amineddoleh Jan 2014

Protecting Cultural Heritage By Strictly Scrutinizing Museum Acquisitions, Leila Alexandra Amineddoleh

Fordham Intellectual Property, Media and Entertainment Law Journal

There are many ways to protect cultural heritage as a valuable commodity. Although heightened security measures and extensive surveillance methods can deter theft, a more effective means for reducing theft is the elimination of the demand for black market art items. Trade in unprovenanced antiquities is a demand-driven crime; the market for illegal or undocumented items is driven by buyers’ wants. The most effective method of protection for cultural heritage is to eliminate the demand for black market for these precious objects, thereby reducing the market, a method known as the “market reduction approach.” There is a well-documented link between …


Spain, Gibraltar And Territorial Waters: A New Battleground For An Old Conflict, Jacob Lundborg Jan 2014

Spain, Gibraltar And Territorial Waters: A New Battleground For An Old Conflict, Jacob Lundborg

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker Jan 2014

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Entrapped: A Reconceptualization Of The Obedience To Orders Defense, Monu Bedi Jan 2014

Entrapped: A Reconceptualization Of The Obedience To Orders Defense, Monu Bedi

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.