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Hearing Before The United State House Of Representatives Committee On The Judiciary: Protecting U.S. Citizens’ Constitutional Rights During The War On Terror, Mary Ellen O'Connell

Congressional Testimony

Originally published by the United States House of Representatives Committee on the Judiciary

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Copy of Testimony

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The Law Of Armed Conflict, The Use Of Military Force, And The 2001 Authorization For Use Of Military Force : Hearing Before The S. Committee On Armed Services, 113th Cong., May 16, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks

Testimony Before Congress

Mr. Chairman, almost twelve years have gone by since the passage of the AUMF on September 14, 2001. The war in Afghanistan–-the longest war in U.S. history--has begun to wind down. But at the same time, a far more shadowy war has quietly accelerated.

Signs And Portents In Cyberspace: The Rise Of Jus Internet As New Order In International Law, Roy Balleste, Joanna Kulesza

Fordham Intellectual Property, Media and Entertainment Law Journal

Today, having sufficient access to the Internet's information has arguably become a prerequisite for the enjoyment of human life. The Internet has become a center for human literacy and has the potential to offer numerous kinds of instruction at lower costs and with higher quality than previous media could offer. This Article will argue that the concept of a "cybered Westphalian age," as a cure to all threats in the Internet, has the potential to do more harm than good. The international community is now faced with a possible policy shift from the current state of the Internet, which is …

On Executive Clemency: The Pardon Of Richard M. Nixon , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.

Toward An International Standard Of Environment, George P. Smith Ii

Pepperdine Law Review

No abstract provided.

Recent Publications, Philip G. Dorn, Joan W. Garrott

Pepperdine Law Review

No abstract provided.

Civilian Harm From Drone Strikes: Assessing Limitations & Responding To Harm, Human Rights Clinic

Human Rights Institute

U.S. intelligence officials tout the drone platform as enabling the most precise and humane targeting program in the history of warfare. While drone technology is a significant advance, claims about minimal civilian harm from drone strikes in Pakistan and Yemen elide many of the operational realities of using drones outside of full-scale military operations.

Food Defense Among Meat Processing And Food Service Establishments In Kentucky, Morgan Webb-Yeates

Masters Theses & Specialist Projects

Agroterrorism is the deliberate introduction of a plant or animal disease with the
goal of causing fear, economic instability, illness, or death. After the 2002 terrorist
attacks on the World Trade Center, the security of the food supply is of increasing
concern to the United States. A major incidence of agroterrorism or food tampering would have far reaching impacts on the economy and public health. The first objective of this project was to determine knowledge and concern of agroterrorism in meat processing facilities in Kentucky, and to determine knowledge and concern of food tampering and food defense in food service …

Lawyering For Groups: The Case Of American Indian Tribal Attorneys, Kristen A. Carpenter, Eli Wald

Fordham Law Review

   Lawyering for groups, broadly defined as the legal representation of a client who is not an individual, is a significant and booming phenomenon. Encompassing the representation of governments, corporations, institutions, peoples, classes, communities, and causes, lawyering for groups is what many, if not most, lawyers do. And yet, the dominant theory of law practice—the Standard Conception, with its principles of zealous advocacy, nonaccountability, and professional role-based morality—and the rules of professional conduct that codify it, continue to be premised on the basic antiquated assumption that the paradigmatic client-attorney relationship is between an individual client and an individual attorney. The result …

Bathrooms, Burn Pits, And Battlefield Torts: The Need For A Particularized, Contextual Approach To The Combatant Activities Exception After Saleh And Al Shimari, S. Yasir Latifi

North Carolina Law Review

No abstract provided.

Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Progressive Mind : Louis D. Brandeis And The Origins Of Free Speech., Elizabeth Diane Todd

Electronic Theses and Dissertations

This study argues that Associate Supreme Court Justice Louis D. Brandeis played a key role in shaping the jurisprudence of free political speech in the United States. Brandeis's judicial opinions on three freedom of speech cases in the post-World War I era provide the evidence for this argument. This thesis demonstrates how the Espionage and Sedition Acts of World War I allowed Brandeis the opportunity to reflect and rule on the Founding Fathers' meaning of free speech in a political democracy. Chapter I offers a detailed historiography of the Progressive Era and World War I. Chapter II provides a biography …

Losing The Forest For The Trees: Syria, Law, And The Pragmatics Of Conflict Recognition, Laurie R. Blank, Geoffrey S. Corn

Vanderbilt Journal of Transnational Law

The situation in Syria has the potential to become a pivotal moment in the development of the law of armed conflict (LOAC). The ongoing brutality serves as a reminder of the importance of extending international humanitarian regulation into the realm of non-international armed hostilities; however, the very chaos those hostilities produce reveals critical fault lines in the current approach to determining the existence of an armed conflict. The international community's year-long reluctance to characterize the situation in Syria as an armed conflict highlights a clear disparity between the object and purpose of the LOAC and the increasingly formalistic interpretation of …

War And Insurgency In The Western Sahara, Geoffrey Jensen

Books, Monographs & Collaborative Studies

Home to the largest functional military barrier in the world, the Western Sahara has a long history of colonial conquest and resistance, guerrilla warfare and counterinsurgency, and evolving strategic thought. This monograph explores the past, present, and future of the region, including its relationship to developments in Morocco, Algeria, and elsewhere in North Africa.

At a crucial crossroads between Africa and Europe, the Mediterranean and the Atlantic, and the "Arab World" and the West, Morocco has long had a special place in U.S. diplomacy and strategic planning. Since September 11, 2001, Morocco's importance to the United States has only increased, …

Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Adequacy Of International Legal Obligations For Environmental Protection During Armed Conflict, Arie Afriansyah

Indonesia Law Review

Since it first developed, the law of war has focused on protecting human beings. It prioritises human protection by controlling the conduct of belligerents in order to minimise human injuries and casualties. However, the consequences of war are seldom limited to human casualties. War also causes major destruction to the environment. This article shows that despite prioritising human protection, international law provides a significant number of rules to protect the environment during armed conflicts. Contrary to claims that existing rules are insufficient, the law of war adequately safeguards the environment during armed conflicts by prohibiting certain military activities that may …

The Administrative Procedure Act And The Military Departments, Thomas R. Folk

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau

Honors Projects in History and Social Sciences

This paper will seek to explore whether or not Nazi war criminals tasked with manning and staffing the various concentration and death camps were in any way entitled to due process of law upon their capture and trial. This concept is debated among international Holocaust scholars and often discussed with purely apodictic arguments based upon a lack of understanding of military law. This paper will discuss in detail the rights, liberties, and treatment of Nazi war criminals after World War II in relation to the trials of concentration camp guards. It will also necessarily explore and explicate the misunderstood military …

Disadvantages To Turkey’S Eu Accession: Turkish Perspective, Madison Campbell, Elisa Demartino

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Future Stability In The European Union: Realism, Constructivism, And Institutionalism, Maya Swisa

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Kosovo War: Nato’S Opportunity, Sead Osmani

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

International Deployment Of Microbial Pest Control Agents: Falling Between The Cracks Of The Convention On Biological Diversity And The Cartagena Biosafety Protocol?, Guy R. Knudsen

Pace Environmental Law Review

This paper considers one tangled web of conflicting developments. It involves the popular desire to replace chemical pesticides with more “natural” biological control strategies, plus a slowly emerging awareness of a less benign side to microbial pest control agents, based on their potential invasiveness and sometimes striking similarities to agents of bioterrorism and biological warfare. This desire, however, is overshadowed by concerns about the environmental release of genetically engineered organisms. I argue that as some of the concerns about ecological diversity, as captured by the Convention on Biodiversity, were channeled into the subsequent Cartagena Protocol on Biosafety to the Convention …

The Constitutional And Counterterrorism Implications Of Targeted Killing : Hearing Before The S. Judiciary Subcomm. On The Constitution, Civil Rights, And Human Rights, 113th Cong., April 23, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks

Testimony Before Congress

Mr. Chairman, the mere mention of drones tends to arouse strong emotional reactions on both sides of the political spectrum, and last week's tragic events in Boston have raised the temperature still further. Some demonize drones, denouncing them for causing civilian deaths or enabling long-distance, "video game-like" killing, even as they ignore the fact that the same (or worse) could equally be said of many other weapons delivery systems. Others glorify drones, viewing them as a low- or no-cost way to "take out terrorists" wherever they may be found, with little regard for broader questions of strategy or the rule …

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …

Hearts In The Wasteland: Redeeming The Moral Self In Corrections, Allison M. Hicks

Qualitative Criminology (QC)

"In this article, I examine the emotional culture of prisons as perceived by prison chaplains, a population characterized by conflicting expectations and split loyalties. Expected to enforce institutional rules and punish rule violators, chaplains are also charged with the spiritual rehabilitation of their clients. Greer (2002) argues that prisons represent rich environments for exploring emotion management, being simultaneously emotionally inciting and constraining for those individuals living and working within them. To better understand this duality, I explore chaplains’ interpersonal management of inmates’ emotions. Based on qualitative interview data, I describe some of the assumptions chaplains make about inmates’ emotions and …

Should Healthcare Be A Fundamental Right?, Andrea "Truth" Mcdavid, Brandon A. Robinson

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Accepting The Unacceptable: How Jama V. Immigration And Customs Enforcement Affects Deportation Policies With Non-Accepting Governments , Jamie Norman

Journal of the National Association of Administrative Law Judiciary

The Supreme Court's ruling in Jama v. Immigration and Customs Enforcement affects the Government's authority to elect destination countries when deciding where to deport removable aliens. This note will explore the Jama decision. Part II details the procedural history of the case. Part III details and sets forth the facts of the case. Part IV analyzes the majority opinion by Justice Scalia, as 160 well as the dissenting opinion by Justice Souter. Part V considers Jama's judicial, administrative and social impact.5 Finally, Part VI concludes the discussion of Jama and the deportation policy.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

In Re Thq Inc. "Game Over", Henry Ned Hildebrand, Carlo Julio Salas, Taylor K. Wirth

Chapter 11 Bankruptcy Case Studies

(From Introduction)

Videogames have come a long way since PONG for Atari was introduced in 1972. The industry has advanced from simplistic 8-bit geometric shapes descending from players’ screens (Tetris) and a side-scrolling, overall-clad plumber saving a princess in a faraway land (Super Mario Bros.). Today, the global videogame industry is a $67 billion enterprise, consisting of hardware (gaming consoles like Nintendo and Playstation), software (the actual videogames themselves), and secondary markets (online games, mobile phones, and other devices). The major players in this enterprise are few—the “AAA” game developers. In the videogame industry, …