Digital Commons Network^™

What’S Left Of The New Deal State?, Sandeep Singh Dhaliwal

Michigan Law Review Online

A vast body of scholarship situates itself in the New Deal era. Another extensive collection explores the history of criminal justice in the United States. To date, however, there has been little effort to bring these conversations together. New Deal Law and Order, written by legal historian Anthony Gregory, fills this conspicuous gap. Gregory remarkably narrates the New Deal era through the lens of President Franklin Roosevelt’s “war on crime” (p. 1), challenging how we think about both the New Deal’s legacy and the foundations of the modern security state.

Race, Gender, And Ordinary Peace: Assessing The Women, Peace, And Security Agenda Through A Coloniality Lens, Fionnuala Niaolain, Claire Wright

Articles

No abstract provided.

Cultural Conquest: Russia's Strategic Assault On Ukrainian Heritage As Both A Catalyst For And A Casualty Of Conflict, Brittan Harrell

American University International Law Review

Vladimir Putin and his government have disseminated fabricated claims about Ukraine’s history, language, and sovereignty as a rationalization for the 2022 invasion of Ukraine. Not only has the war resulted in grave human loss, but it has also caused widespread destruction throughout Ukraine. Nongovernmental organizations, foreign governments, academics, and Ukrainian citizens have collected robust evidence that Russian forces are purposefully targeting repositories of Ukrainian identity. The intentional destruction of this protected property is considered a war crime under the Rome Statute. Following the International Criminal Court’s (“ICC”) first successful prosecution for the destruction of protected property in 2016, there has …

In Violation Of Diplomatic Treaties: A Look Into Ecuador's Forced Extraction, Josie C. Tarin

American University International Law Review

In December 2023, former Vice-President of Ecuador, Jorge Glas, sought political asylum in the Mexican Embassy located in Quito, Ecuador. On April 5, 2024, following a week of political discourse between the Ecuadorian and Mexican governments, the Mexican government granted Glas political asylum. In their announcement, Mexico reminded Ecuador that the 1954 Caracas Convention on Diplomatic Asylum and the 1961 Vienna Convention on Diplomatic Relations protected both Glas and the employees within the Mexican embassy. On the evening of Mexico’s announcement, Ecuadorian agents operating under executive authority entered the Mexican embassy without consent, injured an employee of the Mexican embassy …

Applicability Of Multilateral Environmental Agreements During International Armed Conflicts, Beatrice L. Hamilton

Loyola University Chicago Law Journal

Armed conflicts increasingly contribute to environmental damage and climate change, yet, as proven by recent and ongoing conflicts, the legal framework for the protection of the environment under the law of armed conflict (LOAC) fails to effectively mitigate these damages. With rising temperatures, already diminishing resources, the counter-acting of mitigation and adaptation efforts due to warfare and geo-political tensions on the rise, there is a strong case for considering the potential for enhancing the protection of the environment during armed conflicts.

This Article examines the terms of applicability of multilateral environmental agreements (MEAs) during international armed conflicts. The article draws …

Kill 1l, Prentiss Cox

Articles

No abstract provided.

Standing Up To China: How The Exclusive Economic Zone Of The Philippines And A Looming Alliance Will Challenge Relations With China In The South China Sea, Graham Colombo

Loyola University Chicago International Law Review

China has consistently asserted its jurisdiction throughout the South China Sea for approximately 40 years, but recent events illustrate a critical juncture in the area's longstanding conflicts. On August 5, 2023, a Chinese coast guard vessel deployed a water cannon against a Philippine boat in Philippine territory in the South China Sea. Following the incident, multiple countries in close proximity to the South China Sea have questioned their threshold for tolerance for China's aggressive actions. If these countries do not halt China's assertion of jurisdiction, China will keep advancing and claiming territory as their own.

The nine-dash line ruling, the …

"Not A Victimless Crime": A Comparison Of Global Regulatory Frameworks And The Future Of The International Community's Response To Artificial Intelligence Crime, Blake Morrow

Loyola University Chicago International Law Review

The international community continues to implement regulations on artificial intelligence (Al). Fueled by AI's burgeoning generative ability, the technology's growth presents a heightened risk that bad actors will use Al systems to facilitate crimes or produce harmful content, including the production of child sex abuse materials (CSAM).

Despite this heightened risk, countries and other regulatory bodies struggle to balance the benefits of Al innovation against limiting any potential dangers. Moreover, with no uniform international regulations on Al and very little guidance from international leaders, the global Al regulatory landscape remains a fragmented patchwork of domestic approaches that limit international cooperation. …

Interview Of Naomi Cahn, June Carbone, And Nancy Levit, Moderated By Claire Hill And Matthew Bodie, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew Bodie

Faculty Works

This conversation occurred at the start of the conference on "Women at Work" on Thursday, October 24, 2024, from 1:45 to 2:45 p.m. The conference, sponsored by the University of Minnesota Law School, was inspired by the new book, Fair Shake: Women & The Fight to Build a Just Economy, by Naomi Cahn, June Carbone, and Nancy Levit. The co-authors were interviewed by two members of the University of Minnesota School of Law faculty, Claire Hill and Matt Bodie. What follows is the conversation, edited for clarity. Questions to the panelists are in italics, while their responses are in regular …

Developing Human-Centric Informational Security, Jonathon W. Penney

Articles & Book Chapters

Disinformation and information manipulation are widely seen as an urgent threat to democracy, but less often as a cybersecurity threat. Historically, disinformation has rarely been included in lists of recognized threats in cybersecurity manuals and appendices of global standards organizations and only recently has disinformation been approached as a cybersecurity threat, with only a handful of works offering a more focused and systematic discussion on this point. This chapter aims to help fill this void by arguing not only that disinformation and information manipulation is a cybersecurity threat, but that the present predominant cybersecurity paradigm is largely inadequate to address …

An Eye For An Eye Makes A Vigilant Society, Liam C. Preyer

Capstone Showcase

Vigilantism is one of the oldest practices of mankind; for as long as there have been moral and legal laws to govern us and live by, there have been individuals who have sought justice outside these systems. Vigilantism is the response to failures in the justice system, and in the United States in particular, we have seen examples from the Western Frontier to the modern-day digital landscape. This paper will explore the nature of vigilante justice through historical, psychological, media-driven, legal, and digital lenses. We will explore how cultural narratives, media influences, government actions, and psychological motivations have shaped the …

The Siren Song Of Territoriality, Robin J. Effron, Alan M. Trammell

Scholarly Articles

Territoriality—the theory that a state’s physical borders determine its power and sovereignty—boasts a long, venerable history. For centuries, it served as the dominant political theory for myriad ideas. It defined a wide range of doctrines, including personal jurisdiction, choice of law, and prescriptive jurisdiction. By the middle of the twentieth century, though, this rigid territoriality no longer described or responded to the challenges of a society that had grown increasingly mobile and interconnected. Courts replaced inflexible territorial theories with more functional theories rooted in fairness and state regulatory interests.

In recent years, territoriality has seen a curious resurgence. The Supreme …

Prosecuting Transnational Disinformation, Abdul Mahir Hazim

Saint Louis University Law Journal

Disinformation, along with related terms such as fake news and misinformation, has dominated U.S. media and public discourse over the past decade. It has emerged as a persistent and growing global threat to democratic societies, particularly the United States. Since the 2016 elections, authoritarian regimes and U.S. adversaries, including China, Russia, and Iran, have increasingly leveraged disinformation as a strategic tool to damage public trust in institutions, undermine political processes such as elections, and weaken public confidence in the healthcare system. These efforts are also designed to sow division and erode democratic governance. The breakthroughs in generative artificial intelligence further …

The Heavy Odds For A Weaponized And Lawless Outer Space, Rob Frieden

Journal of Air Law and Commerce

Just as space commerce appears to have reached a critical mass, competing national government interests can thwart progress with strategies and tactics that increase market risk, volatility, and uncertainty. Despite universal support for a treaty-level commitment to pursue only peaceful activities, for the benefit of everyone, unilateral actions by the governments of China, Russia, and the United States have the potential to disrupt markets and render space a new theater of warfare. These nations appear disinclined to embrace the unenforceable goals contained in five international treaties governing activities in outer space.

So-called Great Power Competition has generated high stakes rivalry …

Join The Military And Lose Your Kids: An Exploration Of The Adverse Effects Of Military Service In Child Custody Determinations, Cortland T. B. Boechler

Journal of Legislation

Servicemembers do not lose their fundamental rights when they join the military, but in practicality, many lose their parental rights the moment they enlist. Many servicemembers lose custody because judges often interpret service and duty relocations as incongruent to the best interest of the child. Presumably, many judges lack the understanding that military service brings familial stability. That being the case, Congress should add a provision in the Servicemembers Civil Relief Act requiring judges to consider all the benefits of military service in the "best interest of the child" analysis. This solution gives military parents a fighting chance to keep …

Between A Rock And A Hard Place: Army Judge Advocates, Zach Cohen

University of Colorado Law Review

No abstract provided.

The Legal Ramifications Of Israel’S Destruction Of Gaza’S Healthcare System, Serene Mistkawi

Lewis & Clark Law Review

This Comment argues that Israel’s attacks on the medical infrastructure of Gaza are a violation of international law because hospitals are protected zones and medical personnel are civilians. To Israel’s response that Hamas is attack-ing from hospitals, thereby rendering them legitimate targets, this Comment presents a number of responses: (1) there is little to no evidence that Hamas is doing this; (2) even if Hamas is doing this, the military gains from attacking hospitals are outweighed by the civilian deaths; (3) even if Hamas is doing this and there is significant military gain from attacking hospitals, the interna-tional rules have …

How To Let A Democracy Die: “First,…Let’S Kill All The Lawyers” And Other Lessons From The Bard, Jena Martin

Faculty Articles

This article serves to provide a much-needed perspective on how international legal mechanisms (or the lack thereof) impact democratic in institutions.

The Winds Of Change: How China's Focus On Rare Earth Minerals Reshapes The World, Ian Murphy, Kevin Johnston

Political Science & Geography Faculty Publications

This article examines how rare earth minerals and the People's Republic of China's (PRC) strategic dominance in the global economy affect U.S. national security. The PRC's near monopoly on rare earth processing and its use of export controls as leverage pose significant risks to global supply chains and U.S. national security interests. This analysis explores contemporary PRC strategies in the rare earth sector and their implications for U.S. national security by explaining how the PRC's view of international cooperation differs from the United States' view. In essence, the PRC is using the transition to renewable energy to pursue its broader …

Whose Labor Law Do We Follow? St. Louis’S Jesuits And Labor Justice, Ken Homan

Saint Louis University Law Journal

In this essay, Br. Ken Homan, SJ explores how Jesuits in St. Louis varyingly referred to Natural Law and statutory law when addressing questions of labor rights and justice. Homan provides three categories of engagement before turning to the present-day relationships between mission-oriented institutions, workers, and the state. Homan argues that all three parties are at their best and can avoid state-religion entanglement when they actively seek to promote worker justice.

Kill ‘Em With Lies: The False Narrative Of The American Execution Laboratory, Danica Howell

Saint Louis University Law Journal

The Supreme Court’s narrative regarding capital punishment, in keeping with the laboratories of democracy theory, boasts the consistent development of more humane methods of execution. Contrary to the Court’s narrative, however, states are not driven by the desire to create humane execution; they are merely striving to keep state-sanctioned killing alive. Examination reveals that execution methods are adopted on best guess and are retained without post-adoption verification of their effectiveness, humanity or painlessness. As abolitionist ideals close in on capital punishment, legislative shortcuts, willful ignorance, and secrecy allow new methods to propagate. As those tactics begin to fail, states resort …

The Art Belongs To The Artists, Deborah M. Weissman, Louis A. Pérez

Faculty Publications

This Article examines the rights of detainees interned at the Guantánamo Bay Naval Station to claim ownership of cultural work produced during their imprisonment. Through a series of arbitrary policies, the U.S. government alternately punished detainees for creating works of art, confiscated paintings and drawings, and otherwise denied detainees’ rights to control their creative works. This Article suggests the need to understand these policies as acts akin to plunder—that is, as a practice long associated with colonialism as a means through which the artifacts of the material culture of conquered peoples were expropriated and claimed as “trophies” of conquest. It …

The Grass Is Not Always Greener: How The Legalization Of Recreational Cannabis Across The United States Is At Odds With Incarceration And Continued Punishment, Marc Sendra

Washington and Lee Journal of Civil Rights and Social Justice

Whether you call it Mary Jane, skunky funky, green, ganja, reefer, or just plain-old cannabis, this special green plant doused in purple and orange accents has become a popular topic of discussion within the legal community and American culture. Cannabis has been held in “high” regard for its scientific advances in the medical industry, alongside its recreational usage, enjoyed by laughs and giggles, munchies, and plenty of water, leading to a wave of medical and recreational legalization.

Incentives for legalization come at the onset of promising medical research, economic growth motives, and social justice, reflecting upon a comprehensive approach that …

It’S Time To Rethink The Law Of Armed Conflict, Joshua Andresen

North Carolina Journal of International Law

No abstract provided.

Improving Compliance With International Humanitarian Law In An Era Of Maneuver War And Mission Command, Geoffrey S. Corn, Tyler R. Smotherman

SMU Law Review

This Article proposes a new paradigm in international humanitarian law (IHL) to help junior military leaders make ethical combat decisions that are both legally and tactically sound. Driven by the realities of modern maneuver warfare and inspired by the spirit of mission command—a concept that emphasizes quick, decentralized decisions—we propose a new philosophical framework for ethical decision making in ground combat. Specifically, we argue that the traditional balance between the IHL principles of military necessity and humanity is better suited to the detached targeting processes associated with indirect fires and air power than to the split-second decisions required in direct …

Litigating The Gaza Crisis: Legal And Political Strategies In South Africa V. Israel, Michael Ramsden

Cardozo International & Comparative Law Review

The article examines the strategic use of the International Court of Justice (ICJ) in the case of South Africa v. Israel, highlighting how states leverage the ICJ to influence international relations beyond legal compliance. It evaluates the efficacy of the ICJ's provisional measures in addressing the conflict in Gaza, emphasizing the intersection of legal strategy with political and humanitarian objectives.

Super-Groups: Legal Empowerment And "Public Law", Matthew Lawrence

Indiana Law Journal

Not all interest groups are created equal. Some groups are created by or with the help of law. Law can confer political power on groups through wealth, rents, concentrated interest, and durability, creating synthetic factions that use their stategiven influence to dominate lawmaking. Deregulatory and progressive traditions in public law have long thought differently about laws that empower. A deregulatory tradition sees legal empowerment as a democratic pathology that counsels against lawmaking, citing empowerment concerns as a perennial rhetorical point against consumer protection, environmental protection, and social welfare programs, among others, for fear they will lead to “capture.” At the …

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis Bradley

Public Law and Legal Theory Working Papers

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

The Best Disinfectant: The Value Of Transparency In Information Operations, Major Ian W. Stamme

American University National Security Law Brief

America is in a state of persistent competition with nation-state adversaries, including Russia and China, which seek to subvert the post-WWII rules-based international order and undermine American legitimacy abroad. Some of this competition takes place through traditional statecraft and across each of the instruments of national power: diplomatic, informational, military, and economic. However, much of this competition also takes place in the gray zone, defined as a spectrum between the higher threshold of armed conflict and the lower threshold of ordinary statecraft. In other words, while all relations between nations involve degrees of leverage and relative advantage, gray zone conflict …