Digital Commons Network^™

Biodiplomacy: A Better Approach To Dual Use Concerns, Victoria Sutton

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Death, Taxes, And Property (Rights): Nozick, Libertarianism, And The Estate Tax, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

The primary purpose of this Article is to dispute the moral claims to post-death property rights made by libertarians when they argue against the estate tax. As I will show later in this Article, my argument does not necessarily entail enacting an estate tax, nor does it require a particular level of tax. I am merely trying to demonstrate that those who argue that the estate tax is an immoral violation of the private property rights of the deceased are mistaken. This is not to say that the estate of the deceased should necessarily pass to the government. It is …

The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort

Saint Louis University Law Journal

As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the Court's cobbled …

Dodd-Frank Act And Remittances To Post-Conflict Countries: The Law Of Unintended Consequences Strikes Again, Raymond Natter

Loyola Consumer Law Review

No abstract provided.

Recent Developments In Mortgage Foreclosure Process Provides Relief To Consumers, Agostino S. Filippone

Loyola Consumer Law Review

No abstract provided.

The Lawfare Of Forum Non Conveniens: Suits By Foreigners In U.S. Courts For Air Accidents Occurring Abroad, Melinda R. Lewis

Journal of Air Law and Commerce

No abstract provided.

Floating Toward A Sky Near You: Unmanned Aircraft Systems And The Implications Of The Faa Modernization And Reform Act Of 2012, Brandon Bellows

Journal of Air Law and Commerce

No abstract provided.

The Problems And Potential Solutions Related To The Emergence Of Space Weapons In The 21st Century, Alexander Chanock

Journal of Air Law and Commerce

No abstract provided.

Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams

Nevada Law Journal

No abstract provided.

Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel

Faculty Scholarship

The U.S.-Dakota War was one of the formative events in Minnesota history, and despite the passage of time, it still stirs up powerful emotions among descendants of the Dakota and white settlers who experienced this tragedy. Hundreds of people lost their lives in just over a month of fighting in 1862. By the time the year was over, thirty-eight Dakota men had been hanged in the largest mass execution in United States history. Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove …

Shared Responsibility In International Law: A Conceptual Framework, Andre Nollkaemper, Dov Jacobs

Michigan Journal of International Law

In this Article we explore the phenomenon of shared international responsibility among multiple actors that contribute to harmful outcomes that international law seeks to prevent. We examine the foundations and manifestations of shared responsibility, explain why international law has had difficulty in grasping its complexity, and set forth a conceptual framework that allows us to better understand and study the phenomenon. Such a framework provides a basis for further development of principles of international law that correspond to the needs of an era characterized by joint and coordinated, rather than independent, action.

When Cyberweapons End Up On Private Networks: Third Amendment Implications For Cybersecurity Policy, Alan Butler

American University Law Review

No abstract provided.

Hacker's Delight: Law Firm Risk And Liability In The Cyber Age, Michael Mcnerney, Emilian Papadopoulos

American University Law Review

No abstract provided.

Toward Cyberpeace: Managing Cyberattacks Through Polycentric Governance, Scott J. Shackelford

American University Law Review

No abstract provided.

International Criminal Law In 2013: The Most Significant Developments (Proceedings Of The Asil Annual Meeting), Milena Sterio

Law Faculty Presentations and Testimony

While many events have shaped the development of international criminal law over the past year, the most significant ones, in my view, included the Special Court for Sierra Leone's appellate confirmation of the Charles Taylor verdict, as well as the United Nations Security Council's failure to refer the Syrian situation to the International Criminal Court (ICC).

Dismantling America’S Largest Sleeper Cell: The Imperative To Treat, Rather Than Merely Punish, Active Duty Offenders With Ptsd Prior To Discharge From The Armed Forces, Evan R. Seamone

Journal Articles

By separating combat veterans with uniquely military discharges that make many ineligible for effective PTSD treatment, the active duty armed forces are creating a class of future offenders, specially trained to be lethal, whose violent acts against themselves, their families, and the public collectively amass more casualties, incur more costs, and drain more resources in the homeland than the underlying traumatic episode in the war zone. The obligation to treat these offenders and help them successfully transition to civilian society with preserved VA benefits before discharge is not merely a laudatory goal of therapeutic jurisprudence, but a mandate under the …

Using Feathery Birds To Disguise Hateful Speech: Avatar, Hillary: The Movie, Citizens United, And How Birds Of The Same Feather Flock Together, Angela Mae Kupenda

Journal Articles

Some types of hateful speech may be called commercialism or entertainment. Yet, this speech disguises hate. This speech seems to be harmless entertainment, as harmless as doves or feathery birds. However, in reality this speech drowns out the truth in the marketplace, as individuals appear to become more gullible in watching film and other commercial speech. This essay explores this quandary by asking, and attempting to answer, four questions. First, is there any possible negative influence from commercial media, especially film, in the marketplace of ideas about nonwhites (i.e., has the truth about race and about nonwhites already won out …

Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner

Book Chapters

The last decade has witnessed increased recourse by states to military force to respond to terrorist attacks on their soil that have originated from abroad. A number of states -- including the United States -- have justified these military actions as lawful self-defense in response to an armed attack, as permitted under Article 51 of the United Nations Charter. These claims raise multiple interpretive questions about the meaning of "armed attack" under Article 51 and of the various options that are allowed in response to one. This essay explores the contemporary understanding of an "armed attack" in terms of an …

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston P. Nagan, Joshua L. Root

UF Law Faculty Publications

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …

The New Investor, Tom C. W. Lin

UF Law Faculty Publications

A sea change is happening in finance. Machines appear to be on the rise and humans on the decline. Human endeavors have become unmanned endeavors. Human thought and human deliberation have been replaced by computerized analysis and mathematical models. Technological advances have made finance faster, larger, more global, more interconnected, and less human. Modern finance is becoming an industry in which the main players are no longer entirely human. Instead, the key players are now cyborgs: part machine, part human. Modern finance is transforming into what this Article calls cyborg finance.

This Article offers one of the first broad, descriptive, …

Similarities Between Early Irish Marital Property Law And California Community Property: The Economic Significance Of A Wife's Labor, Caroline Bermeo Newcombe

Cardozo Journal of Equal Rights & Social Justice

The article presents a comparative analysis of two marital property systems: California's community property system and the ancient Irish Brehon law. Despite their temporal and cultural differences, both systems remarkably recognize women's rights to own property, allow unilateral divorce, and value the economic contribution of wives. This comparison highlights progressive legal ideas and critiques the impact of colonialism on legal frameworks, particularly the erosion of Brehon law through cases like Gavelkind, which replaced it with English common law and undermined women's rights.

At War With The Robots: Autonomous Weapon Systems And The Martens Clause, Tyler D. Evans

Hofstra Law Review

This Note examines arguments for preemptively prohibiting the development and use of autonomous weapon systems under the Martens Clause. This Note identifies the Martens Clause as a tenuous but discernible threat to such systems under the Law of Armed Conflict because the Clause's "dictates of the public conscience," interpreted broadly, could provide the grounds upon which to prohibit autonomous weapon systems before such systems even exist -- unlike the more traditional pillars of the Law of Armed Conflict, such as distinction and proportionality, which would require, at the very least, an analysis of the weapon systems' use and effects to …

Fiddling On The Roof: Recent Developments In Cybersecurity, Melanie J. Teplinsky

American University Business Law Review

No abstract provided.

In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin

Indiana Journal of Global Legal Studies

To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …

American Terrorists As Perpetrators Of Communitarian Assaults, Amitai Etzioni

American University International Law Review

No abstract provided.

Reality Check: Detention In The War On Terror, Monica Eppinger

Catholic University Law Review

No abstract provided.

Notice And An Opportunity To Be Heard Before The President Kills You, Richard Murphy, Afsheen John Radsan

Faculty Scholarship

The United States identifies particular people as especially dangerous members of al Qaeda, the Taliban, or associated forces, and then kills them. Critics insist that this targeted killing is illegal; some go so far as to call it assassination. The drone strike that killed Anwar al-Awlaki, an American citizen, generated furious criticism for purportedly violating his due process rights.

In spring 2013, President Obama responded in a wide-ranging speech on national security policy. On the topic of drones, he stated that terrorists are targeted only if they constitute “a continuing and imminent threat to the American people.” He announced that …

How The Commander In Chief's "Call For Papers" Veils A Path Dependent Result Of Torture, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.

The Loeb And Leopold Trial, Daniel Hanson

A with Honors Projects

In 1924, Nathan Leopold, Jr., and Richard Loeb, two privileged and intelligent students from the University of Chicago, initiated a plan to kidnap and hold for ransom a boy from a wealthy neighboring family, all the while intending to kill him. The sensational trial that followed, in which Clarence Darrow delivered a 12-hour closing argument for life imprisonment rather than the death penalty, would have implications far broader than the crime itself. This trial became the focus of the nascent culture war brewing in the 1920’s, a culture war that pitted radically different philosophies against each other in a battle …

Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters

Faculty Scholarship

The idea of political control dominates our understanding of both what administrative law does and what it should do. This emphasis on political control, however, downplays the important ways that administrative law facilitates resistance to political control in administrative agencies. In this article, I offer studies of two instances in which agencies harnessed the power of seemingly standard administrative law litigation to resist the imposition of policies by political leadership. I classify these kinds of modes of resistance as instances of “litigation-fostered bureaucratic autonomy” and flesh out the mechanisms that drive the process. Acknowledging the role of such modes of …