Digital Commons Network^™

Defeating Violent Nonstate Actors, Robert J. Bunker

The US Army War College Quarterly: Parameters

No abstract provided.

Economic Statecraft: China In Africa, Douglas W. Winton

The US Army War College Quarterly: Parameters

No abstract provided.

The Coming Financial Wars, Juan C. Zarate

The US Army War College Quarterly: Parameters

No abstract provided.

Waging Financial War, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Rebalancing Us Military Power, Anna Simons

The US Army War College Quarterly: Parameters

No abstract provided.

What The Qdr Ought To Say About Landpower, Francis G. Hoffman

The US Army War College Quarterly: Parameters

No abstract provided.

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Shame, Memory, And The Unspeakable: The International Criminal Court As Damnatio Memoriae, Michael Blake

San Diego Law Review

The first [part] will discuss two ways of looking at the court and why the conventional justifications of punishment might not be adequate to justify what the court is doing. The second will examine the issue of the politically unspeakable and argue that the court’s mandate might indeed be the responsibility of making certain ideas and persons politically shameful. The final Part will try to give some justification for the claim that this mandate might give rise to a justification for the court’s existence. On the account I provide here, even if the court could not be justified with reference …

The Benghazi Six And International Medical Neutrality In Times Of War And Peace, Johanna Michaels Kreisel

Health Law and Policy Brief

No abstract provided.

Education Reform And The Political Safeguards Of Federalism, Elizabeth J. Sharma

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

The passage of the No Child Left Behind Act (NCLB) in 2001 sparked widespread controversy over the federal government’s proper role in public education. Opponents criticized the legislation as an unprecedented federal intrusion on state and local governments’ policymaking authority. Whereas previous incarnations of the Elementary and Secondary Education Act (ESEA) required local schools and districts to comply with detailed rules about how to spend categorical funds, federal moneys were never before made contingent on a rigorous testing and accountability regime. By requiring annual testing and tying federal funding to student outcomes, the new legislation signaled a shift in the …

Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

Penn State Journal of Law & International Affairs (2012 - Present)

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …

Honduras’ Political Violence Threatens To Undermine Its November Elections, Lauren Carasik

Media Presence

No abstract provided.

2013 Byu Law School Annual Report, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

No abstract provided.

A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act, Laura Zippel

Washington Journal of Environmental Law & Policy

The EPA currently regulates the Navy program Sink Exercise (SINKEX) under a permit issued under the Ocean Dumping Act. The Navy regards SINKEX as both a “live fire exercise,” important for the training of sailors in tactics and operations, and as a ship disposal program. Due to the toxic materials used to construct the derelict ships–including PCBs, asbestos, and lead–a case was filed in San Francisco District Court alleging that the EPA is required to regulate and permit SINKEX under the Toxic Substances Control Act (TSCA). This comment addresses the complexities arising from EPA permitting of SINKEX, including a comparison …

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.

Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn

Missouri Law Review

Part II of this Article examines some of the most well-known claims about the Missouri Model of juvenile justice, clarifying that the positive press to date actually describes only one small component of the larger juvenile justice structure: Missouri’s system of residential correction for state-placed adjudicated youth. And while that system has much to admire and replicate, it also has room for improvement In Part III, this Article fills in what has been left out of most public and press stories about Missouri’s larger youth justice system. That is, despite mostly glowing media accounts, Missouri’s at-risk youth are poorly served …

Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney

Michigan Law Review

By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …

Can Condoms Be Compelling? Examining The State Interest In Confiscating Condoms From Suspected Sex Workers, Meghan Newcomer

Fordham Law Review

    Confiscating condoms from suspected sex workers leaves them at risk for HIV/AIDS, other sexually transmitted diseases, and unwanted pregnancy. Yet, police officers in New York, Washington, D.C., and Los Angeles collect condoms from sex workers to use against them as evidence of prostitution. Sometimes, the condoms are taken solely for the purpose of harassment. These actions put sex workers at risk of contracting sexually transmitted diseases because they may continue to engage in sex work without using protection.

    In the landmark case of Griswold v. Connecticut, the U.S. Supreme Court established a fundamental privacy right in the use and …

The Right To Quantitative Privacy, David Gray, Danielle K. Citron

Faculty Scholarship

We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …

The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl

Georgia Journal of International & Comparative Law

No abstract provided.

The President's Ndu Speech And The Pivot From The First Term To The Second, Kenneth Anderson, Benjamin Wittes

Contributions to Books

American University, WCL Research Paper No. 2014-3 Abstract "The President's NDU Speech" is the third chapter of a book, "Speaking the Law," which analyzes the speeches of the Obama administration on national security law and policy. The book is being published online by the Hoover Institution, Stanford University on its website, chapter by chapter as they are completed. Once all chapters are done (end of 2013), the full book will be published by Hoover Institution Press in hard copy. Chapter 3 (the earlier chapters are available for open source download at the Hoover Institution website or through links at the …

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen

Georgia Journal of International & Comparative Law

No abstract provided.

Re-Examining The Falkland Islands War: The Necessity For Multi-Level Deterrence In Preventing Wars Of Aggression, Steven G. Stransky

Georgia Journal of International & Comparative Law

No abstract provided.

Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad

Georgia Journal of International & Comparative Law

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.