Digital Commons Network^™

Was The Graphe Paranomon A Form Of Judicial Review?, Melissa Schwartzberg

Cardozo Law Review

No abstract provided.

Parameters Spring 2013, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Drones Over Yemen: Weighing Military Benefits And Political Costs, W. Andrew Terrill

The US Army War College Quarterly: Parameters

No abstract provided.

Drones: Legitimacy And Anti-Americanism, Greg Kennedy

The US Army War College Quarterly: Parameters

No abstract provided.

Drones: What Are They Good For?, Jacquiline L. Hazelton

The US Army War College Quarterly: Parameters

No abstract provided.

"'Petitions Without Number": Widows' Petitions And The Early Nineteenth-Century Origins Of Public Marriage-Based Entitlements, Kristin Collins

Faculty Scholarship

Between 1792 and 1858, Congress enacted approximately seventy-six public law statutes granting cash subsidies to large classes of military widows. War widows’ pensions were not wholly unknown in Anglo-American law before this time, but the widows’ pension system of the early nineteenth century was distinctive in both scope and kind: Congress rejected the class-based approach that had characterized war widows’ pensions of the eighteenth century by pensioning widows of rank-and-file soldiers, not just widows of officers, and by extending pensions to widows of veterans. This significant equalization and expansion of widows’ pensions resulted in the creation of the first broad-scale …

The Law Of The Sea: Offshore Installations And Marine Pollution, John Warren Kindt

Pepperdine Law Review

No abstract provided.

The Santa Clara, 2013-01-31, Santa Clara University

The Santa Clara

No abstract provided.

Corporate Governance: The Swedish Solution, George W. Dent Jr

Florida Law Review

The optimal allocation of authority among executives, directors, and shareholders of public companies has been debated as long as there have been public companies, and the issue now seems further from resolution than ever. In recent years Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.” The change is a big success—it has pleased …

Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo

Pepperdine Law Review

No abstract provided.

Denial Of Territory To Terrorist Groups In Us Counterterrorism Strategy, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This short (1500 words) policy briefing paper describes the strategic evolution of US counterterrorism policies to incorporate "denial of territory" strategies alongside existing strategies, particularly long-term, increasingly continuous surveillance by drones, and armed drone attacks, pursued as a counter-raiding strategy against terrorist groups. It argues that US counterterrorism requires not only a counter-raiding strategy via drone strikes, but also the ability to deny territory to terrorist groups. Denial of territory means two distinct strategies, however. One is to deny safe havens to terrorist groups; safe houses, compounds, training camps and bases -- the tiny slices of territory that are usually …

The National Labor Relations Act And Worker Participation Plans: Allies Or Adversaries?, Susan Gardner

Pepperdine Law Review

No abstract provided.

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

Two Models Of Interest Arbitration, Martin H. Malin

All Faculty Scholarship

Most states prohibit public employees from striking and the federal government makes a strike by a federal employee a felony. Many public employee labor relations acts give organized employees a right to arbitrate when their union and employer are unable to reach agreement on the terms of a contract. Much discussion of such interest arbitration schemes has focused on whether the process inhibits bargaining (the chilling effect) or is habit forming (the narcotic effect). These discussions contrast the use of traditional interest arbitration, where the arbitrator may award any outcome that falls between the parties’ final offers, with final offer …

A Testament To Power: Mary Woolsey And Dolores Rodriguez As Trial Witnesses In Arizona's Early Statehood, Katrina Jagodinsky

Department of History: Faculty Publications

In 1913, two women made history when they testified before the all-white, all-male jury of the Superior Court of Yavapai County in the State of Arizona v. Juan Fernandez murder trial. Mary Woolsey, an elderly Yavapai widow, and Dolores Rodriguez, a Mexican single mother of three, established the legal precedent for allowing non-English-speaking, non-citizen women to testify in state courts in Arizona when many other western states still did not grant such privileges to indigenous residents. Woolsey and Rodriguez showed that Arizona's indigenous population were competent, if somewhat problematic, members of Arizona's body politic, and their historic involvement in the …

All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart

Law Faculty Publications

No abstract provided.

Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly

All Faculty Scholarship

This Article probes previously under-explored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away from the mercantilist past; its mono-linear conception of production and trading patterns; and its state centric, top-down paradigm of rule making. The inevitable anachronism precipitated by the out of date trading rules structure is seriously ill-suited to the contemporary non-territorial international business transactions defined by global supply chains. Consequently, while the trading rules officially seek to help …

Attribution Issues In Cyberspace, Collin S. Allan

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Radioactive Veterans: A New Look At The Nuclear History Of America, Craig M. Kabatchnick, P. Michelle Fitzsimmons, Jonathan B. Kelly

Marquette Elder's Advisor

No abstract provided.

Anticipatory Slef-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap, Jr.

ILSA Journal of International & Comparative Law

Few contemporary issues of international security are more prominent than the dilemma posed by Iranian efforts to develop a nuclear weapon.

The Right To Quantitative Privacy, David C. Gray, Danielle Keats 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 …

Sustaining The Triangular Balance: The Taiwan Strait Policy Of Barack Obama, Ix Jinping, And Ma Ying-Jeou, Dean P. Chen

Maryland Series in Contemporary Asian Studies

No abstract provided.

Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai

Maryland Series in Contemporary Asian Studies

No abstract provided.

Mediation By Mass Discharge: How An Obscure Notice Requirement In The Nlra Was Made A Deathtrap For Innocent Strikers, Mike Lewis

Labor & Employment Law Forum

No abstract provided.

Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth

Legal History Publications

An examination of the case Oliver v. The Maryland Insurance Company, 7 Cranch 487 (1813). In Oliver, Robert Oliver, the plaintiff, sued the Maryland Insurance Company, the defendant, in an attempt to recover on an insurance policy he had purchased for a shipment of goods aboard the snow Comet. The Comet was seized by a British ship on its return from Spain, and was condemned under the Orders in Council of 1807. The Court affirmed a lower court judgment that Oliver was not entitled to recover, because the Comet had engaged in an unreasonable delay and deviation …

The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon

Legal History Publications

A key prong of American strategy during the War of 1812 was to enlist the aid of privateers – private actors licensed by the government to use force against the enemy. Among the ships American privateers seized during the war pursuant to this strategy was the Merrimack, an American-owned vessel returning from Liverpool, England to Baltimore, Maryland carrying on board a cargo of British goods. Her seizure led to the Supreme Court case The Merrimack, 12 U.S. 317 (1814), a seemingly banal case that in fact is a cautionary tale for merchants of one belligerent nation seeking to …

The Santa Maria: Baltimore Privateering And Piracy During The Latin American Revolutions, Megan E. Tawes

Legal History Publications

After the War of 1812 and the Napoleonic Wars, South American privateering in Baltimore took on a new dimension. Technically, the United States remained neutral with Spain in the face of Latin American revolution. However, Baltimore remained an area where privateering on foreign commissions was common. This paper puts privateering in 1817 in the context of international and national affairs. The Santa Maria involved pirates and what was considered a bona fide purchaser in a prize court. Included in the paper are historical backgrounds of the key players involved as well as a legal analysis of the issues brought up …

Nova Law Review 37, #3

Nova Law Review

No abstract provided.

An Overview Of Combat-Related Posttraumatic Stress Disorder (Ptsd), Raquel Andres-Hyman, Scott M. Hyman

Nova Law Review

No abstract provided.

Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert C. Blitt

Book Chapters

The Arab Spring has generated unprecedented and seismic political and social upheaval across the Arab world. The reasons for the outbreak of widespread and vociferous public protest are myriad, but generally understood as including long-simmering resentment of government corruption and repression, underwhelming economic development, chronic unemployment and poor respect for human rights, including the treatment of individuals and groups affiliated with political manifestations of Islam. Despite the initial drama surrounding the street rallies, two years on, the pace of change has grown fitful and uncertain.

The purpose of this chapter is to consider one narrow aspect of the Arab Spring. …