Digital Commons Network^™

A War Examined: Afghanistan, Todd R. Greentree

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

An Historical Archaeological Investigation Of The Indianola Prisoner Of War Camp In Southwestern Nebraska, Allison Marie Young

Department of Anthropology: Theses and Student Research

Second World War military operations resulted in the capture of thousands of prisoners of war. This led to the creation of internment facilities by both the Axis and the Allies. Archaeologists have begun to examine these facilities. The United States government established a POW program with numerous camps all over the country. This study provides the results of historical archaeological research at the Indianola prisoner of war camp in southwestern Nebraska. A goal of this research is to determine if the archaeological record reflects adherence to the Geneva Convention of 1929. The investigation included archival research and archaeological fieldwork with …

Hess V. Chief Of General Staff, Edna Arbel, Hanan Melcer, Yoram Danziger

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

A petition to direct the introduction of a military order prohibiting the use of white phosphorus for any purpose in settled areas and other civilian sites, as well as any use of arms containing white phosphorus in any situation in which there is an alternative weapon that is less dangerous to humans and that is capable of achieving an equal or similar military advantage. …

Women's Rights On The Right: The History And Stakes Of Modern Pro-Life Feminism, 1968 To The Present, Mary Ziegler

Scholarly Publications

Recently, pro-life advocates have popularized claims that abortion harms rather than helps women. The best known of these arguments are the woman-protective arguments—contentions, such as those endorsed in Gonzales v. Carhart, justifying abortion restrictions on the basis of the physical or psychological harms supposedly produced by the procedure. Woman-protective claims, however, represent only one part of a much larger strategy that this Article calls pro-life feminism. The Article follows pro-life activists’ use of the term “feminist” or “feminism.” As the Article makes clear, activists on competing sides of the abortion issue have contested the meaning of “true” feminism. Taking …

Piracy In The Courtroom: How To Salvage $500 Million In Sunken Treasure Without Making A Cent, Dave Werner

University of Miami Law Review

No abstract provided.

Domestic Counterinsurgency: How Counterinsurgency Tactics Combined With Laws Were Deployed Against Blacks Throughout U.S. History, William Y. Chin

University of Miami Race & Social Justice Law Review

Long before the United States engaged in counterinsurgency overseas in Iraq and Afghanistan, the United States engaged in counterinsurgency domestically against blacks. The history of America is a history of enduring conflict between black insurgents and white counterinsurgents. This conflict began centuries ago with the forced transport of enslaved blacks to America’s shores. From the beginning, whites employed all levers of national power including laws to suppress black resistance. The laws became counterinsurgency weapons launched against blacks in an internal conflict lasting generations.

Establishing An Island Of Patent Sanity, Oskar Liivak

Cornell Law Faculty Publications

There is a growing, inescapable sense that something has gone terribly wrong with the patent system. The patent system is described as a failure, broken, and dysfunctional. Yet, despite the fact that much of today’s headline-grabbing patent activity appears facially unproductive, we really can’t be sure that the system has failed in its mission. Current patent theory is so indeterminate that it is hard to decisively criticize these activities. In fact, the current narrative cannot conclusively show that patent trolls or any other patent-related activities are or are not economically justified. Though depressing and perhaps embarrassing, this patent indeterminacy is …

Death Penalty Drugs: A Prescription That's Getting Harder To Fill, Corinna Barrett Lain

Law Faculty Publications

Six states have abolished the death penalty in the past six years—Illinois, New York, New Jersey, Connecticut, Maryland, and New Mexico. We haven’t seen mass moves like that since the 1960s. What gives?

Part of the answer is that those states weren’t executing anyway. More people in those states were dying on death row waiting to be executed than were actually being executed, and the death penalty is breathtakingly expensive to maintain (a point to which I’ll return in a moment).

So why weren’t the states executing? We tend to hear about innocence claims, trench warfare litigation, official moratoriums, study …

The 2002 National Security Strategy: The Foundation Of A Doctrine Of Preemption, Prevention, Or Anticipatory Action, Troy Lorenzo Ewing

Graduate Program in International Studies Theses & Dissertations

The terrorist attacks of September 11, 2001, initiated a strategic shift in American national security policy. For the United States, terrorism was no longer a distant phenomenon visited upon faraway regions; it had come to America with stark brutality.1 Consequently, the administration of President George W. Bush sought to advance a security strategy to counter the proliferating threat of terrorism.

The ensuing 2002 National Security Strategy articulated the willingness of the United States to oppose terrorists, and rogue nation-states by merging the strategies of "preemptive" and "preventive" warfare into an unprecedented strategy of "anticipatory action," known as the Doctrine of …

Richmond Law Magazine: Summer 2013

Richmond Law Magazine

Features:

Death Penalty Drugs

When Courage Clashed with Convention

The Divorcing Brain

Mind The Gap: Explaining Problems With International Law Where Cybersecurity And Critical Infrastructure Protection Meet, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Corporate Aid To Governmental Authority: History And Analysis Of An Obscure Power In Delaware Corporate Law, David Yosifon

Faculty Publications

The Delaware General Corporation Law contains an obscure provision stating that all corporations have the power to “[t]ransact any lawful business which the corporation’s board of directors shall find to be in aid of governmental authority.” 8 DGCL §122(12). This oddly worded provision has never been applied, analyzed, or interpreted by any court. It has received almost no treatment by corporate law scholars. This lack of attention is surprising, given that by its own terms the provision seems to bear on fundamental corporate law themes, such as the purpose of corporations, the scope of directors’ fiduciary obligations and discretion, and …

The Chinese Legal Tradition As A Cultural Constraint On The Westernization Of Chinese Environmental Law And Policy: Toward A Chinese Environmental Law And Policy Regime With More Chinese Characteristics, Paul A. Barresi

Pace Environmental Law Review

This Article argues that the Chinese legal tradition is essentially a Confucian legal tradition, and that its Confucian attributes significantly constrain the effectiveness of the Western-style environmental laws enacted by the PRC in recent decades. Part I explores the emergence of a Confucian legal tradition in China and its impact on Chinese legal culture before the founding of the PRC. Part II highlights some of the impacts of this tradition on the Chinese legal system during the same period. Part III makes a case for the endurance of the Confucian essence of this legal tradition in the PRC itself, and …

Treading Water While Congress Ignores The Nation's Environment, Sandra Zellmer

Notre Dame Law Review

No abstract provided.

Navigating Conflicts In Cyberspace: Legal Lessons From The History Of War At Sea, Jeremy Rabkin, Ariel Rabkin

Chicago Journal of International Law

Despite mounting concern about cyber attacks, the United States has been hesitant to embrace retaliatory cyber strikes in its overall defense strategy. Part of the hesitation seems to reflect concerns about limits imposed by the law of armed conflict. But analysts who invoke today's law of armed conflict forget that war on the seas has always followed different rules. The historic practice of naval war is a much better guide to reasonable tactics and necessary limits for conflict in cyberspace. Cyber conflict should be open-as naval war has been-to hostile measures short of war, to attacks on enemy commerce, to …

Treating Offshore Submerged Lands As Public Lands: A Historical Perspective, Robin Kundis Craig

Public Land & Resources Law Review

When President Harry Truman proclaimed federal control over the United States’ continental shelf in 1945, he did so primarily to secure the energy resources—oil and gas—embedded in those submerged lands. Nevertheless, the mineral wealth of the continental shelf spurred two critical legal battles over their control and disposition: first, whether the federal government had any interest in the first three miles of continental shelf; and second, if so, whether the federal government had authority to regulate the continental shelf under traditional federal public land laws, such as the Minerals Leasing Act. Congress’s reactions to federal courts’ resolutions of these questions, …

The Case For Drones, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

American University, WCL Research Paper No. 2014-12 Abstract: This cover story in Commentary magazine (7500 words) offers a defense of drone warfare and targeted killing against legal and ethical claims made by both the American libertarian right and the American and international left. It addresses empirical claims of "excessive" civilian casualties, as well as ethical arguments that drones make the resort to force not just easier, but "too easy," and that in order to deter "overuse" of armed force, soldiers (and implicitly civilians) need to be exposed to otherwise unnecessary risk. It explains how drone technology and targeted killing fit …

Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet

North Carolina Law Review

No abstract provided.

Slaves, Free Blacks, And Race In The Legal Regimes Of Cuba, Louisiana, And Virginia: A Comparison, Ariela Gross, Alejandro De La Fuente

North Carolina Law Review

No abstract provided.

Little Black Boxes: Legal Anthropology And The Politics Of Autonomy In Tort Law, Riaz Tejani

The University of New Hampshire Law Review

[Excerpt] "Law’s interdisciplinary turn toward social sciences suggests a growing realization that jurists may not be independently equipped to explain the world in and upon which they act. But if law embraces empirical social science for its usable output, it struggles to make sense of the more interpretive disciplines such as anthropology. This has proven to be a major setback for both law and anthropology and confounds the historically productive rapport between the two fields stretching back more than a century. While it may be tempting to conclude that today’s legal academic misunderstands the interpretive turn in anthropology, that conclusion …

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Female Soldier, Anthony C. King

The US Army War College Quarterly: Parameters

No abstract provided.

Looking Back: Understanding Abu Ghraib, George R. Mastroianni

The US Army War College Quarterly: Parameters

No abstract provided.

The Lure Of Strike, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.

Brithish National Strategy: Who Does It?, Hew Strachan

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Treading Water While Congress Ignores The Nation's Environment, Sandra B. Zellmer

Faculty Law Review Articles

During the late 1960s, the nation's attention was riveted on graphic images of contaminated resources, such as smoldering rivers and oil-soaked seagulls,' as well as Rachel Carson's haunting prose about the "strange blight"2 of chemical pesticides afflicting land, water, and wildlife. Policymakers recognized the need for strong legal protections for public health and the environment, and Congress responded with sweeping legislation governing the pollution of water, air, and soil, and the demise of threatened and endangered species.3

The Clean Water Act of 1972 (CWA), which regulates discharges of pollutants into waters of the United States, is one of the most …

A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild

San Diego Law Review

Comparing class preferences with racial preferences helps to point up some of the reasons for the allure of class preferences but also points up some of the problems. A crucial consideration is the question of who is to receive class preference. For example, what about immigrants and their children? In general, social class is difficult to define, and this very difficulty would confer great discretion and power on faculties and academic administrators who undertake to bestow class preferences: discretion that would be open to abuse for political, ideological, and other ends. Finally, there is the question of whether preferential treatment …

Letting The Apes Run The Zoo: Using Tort Law To Provide Animals With A Legal Voice, Tania Rice

Pepperdine Law Review

Science is increasingly showing us that animals have many cognitive similarities with humans. In addition to calls for changes in our animal protection statutes, members of the legal community have begun debating over whether animals, or a certain category of animals, should be granted legal rights. This approach has the potential for drastic societal ramifications. David S. Favre has proposed a tort action for animals as a compromise to the animal rights debate. This Comment explores the different approaches to seeking improved conditions for animals, and proposes an adjusted tort cause of action in response to criticisms of Favre's tort.