Digital Commons Network^™

Cyber Utilities Infrastructure And Government Contracting, Corey P. Gray

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves

University of Miami National Security & Armed Conflict Law Review

Technological advances are altering the contemporary asymmetric conflicts between non-­‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-­‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-­‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-­‐state armed groups and technology, whether through a potentially devastating attack or by the dramatic …

Ungoverned Spaces, Transnational Crime, And The Prohibition On Extraterritorial Enforcement Jurisdiction In International Law, Dan E. Stigall

Notre Dame Journal of International & Comparative Law

This Article explicates the international legal framework governing State action against transnational crime; it also explores the disparity in what international law permits military actors to do in situations of armed conflict versus what actions civilians may undertake in the course of extraterritorial law enforcement operations. This Article argues that the trend of militarization in the U.S. approach to transnational crime law is, in part, a function of this legal disparity and that this trend could be reversed a degree if international law recognized a greater degree of flexibility for certain limited categories of extraterritorial law enforcement actions by civilian …

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly L. Wehle

All Faculty Scholarship

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the "federal government" itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown

Indiana Law Journal

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …

Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis

Law Faculty Articles and Essays

Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes. Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced. As a result, the intended mother should be adjudicated the legal mother. However, Professor Lewis further argues the the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.

Power And Responsibility: Fourth Amendment Limits On The Use Of Molecular Scanners, Paul Wolfgramm Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Meaningful Membership: Making War A Bit More Criminal, Rachel E. Vanlandingham

Cardozo Law Review

Should membership in a particular group, by itself be enough for the government to kill you? This Article starts with the classic lawyer's answer of "it depends," but goes beyond it to answer yes, explain why, and recommend limits. The heart of the matter is found in how the law of armed conflict treats transnational, non-state armed groups such as Al-Qaeda. When such groups are viewed analogously to state militaries, their members are lawfully subject to lethal attack based on their membership status, as distinct from their actual hostile conduct. By comparing this focus on status to federal criminal law's …

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …

Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer

Cardozo Journal of International and Comparative Law

The note examines the legal dispute over access to healthcare between Israel and the Palestinian Territories under International Humanitarian Law (IHL). It argues that while IHL obligates Israel to provide medical services to Palestinians injured in conflict, it does not require unrestricted access for routine healthcare. The analysis highlights the need for Israel to balance its security interests with humanitarian obligations, ensuring access to healthcare while maintaining necessary restrictions. The note also suggests that as the Palestinian Territories pursue statehood, they should develop their own advanced healthcare facilities to reduce reliance on Israeli institutions.

Case Global: News From The International Law Centers & Institutes, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 6 [sic] [5], #1 (2013)

• Special Report: Professors help establish accountability mechanisms for Syrian atrocities
• A Message from Dean Scharf
• Worth Reading--Recent Faculty Publications/Activities
• Case launches New Online LLM
• Case Professor’s New Book Explores Accelerated Formation of Customary International Law
• Case law grad appointed UN/Africa Union Chief Mediator for Darfur
• Case launches new exchange and concurrent degree programs with 21 foreign partners
• Case offers world’s first free online international law course
• International Law Talk Radio from Case celebrates its first year
• Case International Law Moot Court teams excel again in 2013
• Record number of foreign lawyers received LLM degrees …

From Pokhara To Kandahar: The Two Hundred Year Journey Of The Force That Made Nepal Famous, Elijah Wohl

Independent Study Project (ISP) Collection

The Gurkhas are renown throughout the world for their fighting skills, their bravery, and their loyalty to the British Crown. Much has been written on their distinguished history, but traditional literature on the Gurkhas leaves several questions unanswered. How did the Gurkhas come to be as a fighting force for the British Empire when the British never occupied Nepal? How have they survived the independence of India and the subsequent dismantling of the British Empire? And what will the future of the Gurkhas be? Will they continue their two centuries of service to the British Crown? Or will they become …

Where No Man Has Gone Before: A Critical Roadmap For The Use Of Drones In Targeted Killing, Valerie Heinmets

Independent Study Project (ISP) Collection

In the ongoing War on Terror, the Obama Administration has relied heavily on a new form of military technology: the Unmanned Aerial Vehicle, more popularly known as the drone. While the program has remained largely a covert operation, gradually more information about its effects, especially concerning civilian casualties, has begun to come to light. As a result of allegations over their allegedly indiscriminate use in Yemen and Pakistan, countries the U.S. is not at war with, a few questions arise. When do drones stop becoming a military precision tool for taking out Al-Qaeda senior command and move into a field …

Section 6: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Parameters – Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

Dilemmas for US Strategy: David S. Sorenson, Gregory Aftandilian, Richard W. Weitz, Dennis V. Hickey. US Landpower in Regional Focus: Kimberly Field, James Learmont, Jason Charland, W. Andrew Terrill, John R. Deni. Lessons From Limited Wars: Todd R. Greentree, David C. Brooks

The Unconstitutional Torture Of An American By The U.S. Military: Is There A Remedy Under Bivens?, Katrina Carmichael

Georgia State University Law Review

No abstract provided.

The Forum (Volume 43, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Advantageous Attacks: The Role Of Advantage In Targeting People Under The Law Of Armed Conflict, Krista Nelson

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The International Criminal Court, The United States, And The Domestic Armed Conflict In Syria, Eric Engle

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

A Solution Acceptable To All - A Legal Analysis Of The Senkaku-Diaoyu Island Dispute, R. Jade Harry

Cornell International Law Journal

No abstract provided.

Knives And The Second Amendment, David B. Kopel, Clayton E. Cramer, Joseph Edward Olson

University of Michigan Journal of Law Reform

This Article is the first scholarly analysis of knives and the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense. There is no knife that is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on carrying handguns set the upper limit for restrictions on carrying knives. Prohibitions on carrying knives in general, or of particular knives, are unconstitutional. For example, bans of knives that open in a convenient way (e.g., …

Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Examining Warfare In Wi-Fi: A Review, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Cutting Losses: Ending Limited Interventions, David C. Brooks

The US Army War College Quarterly: Parameters

No abstract provided.

Cyberwar To Wikiwar: Battles For Cyberspace, Paul Rexton Kan

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Regionally Aligned Forces: Business Not As Usual, Kimberly Field, James Learmont, Jason Charland

The US Army War College Quarterly: Parameters

No abstract provided.

Strategic Landpower And The Arabian Gulf, W. Andrew Terrill

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.