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Articles 4981 - 5010 of 13093
Full-Text Articles in Entire DC Network
Law And Ethics For Autonomous Weapon Systems: Why A Ban Won't Work And How The Laws Of War Can, Kenneth Anderson, Matthew C. Waxman
Law And Ethics For Autonomous Weapon Systems: Why A Ban Won't Work And How The Laws Of War Can, Kenneth Anderson, Matthew C. Waxman
Faculty Scholarship
Public debate is heating up over the future development of autonomous weapon systems. Some concerned critics portray that future, often invoking science-fiction imagery, as a plain choice between a world in which those systems are banned outright and a world of legal void and ethical collapse on the battlefield. Yet an outright ban on autonomous weapon systems, even if it could be made effective, trades whatever risks autonomous weapon systems might pose in war for the real, if less visible, risk of failing to develop forms of automation that might make the use of force more precise and less harmful …
Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman
Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman
Faculty Scholarship
When does a cyber attack (or threat of cyber attack) give rise to a right of self-defense – including armed self-defense – and when should it? By "cyber attack" I mean the use of malicious computer code or electronic signals to alter, disrupt, degrade or destroy computer systems or networks or the information or programs on them. It is widely believed that sophisticated cyber attacks could cause massive harm – whether to military capabilities, economic and financial systems, or social functioning – because of modern reliance on system interconnectivity, though it is highly contested how vulnerable the United States and …
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah Purdy
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah Purdy
Duke Law Journal
Forty years ago, at the birth of environmental law, both legal and philosophical luminaries assumed that the new field would be closely connected with environmental ethics. Instead, the two grew dramatically apart. This Article diagnoses that divorce and proposes a rapprochement. Environmental law has always grown through changes in public values; for this and other reasons, it cannot do so without ethics. Law and ethics are most relevant to each other when there are large open questions in environmental politics: lawmakers act only when some ethical clarity arises; but law can itself assist in that ethical development. This process is …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 8 (2013).
Plugging The Gap: A Reconsideration Of The U.N. Charter's Approach To Low-Gravity Warfare, Benjamin Zweifach
Plugging The Gap: A Reconsideration Of The U.N. Charter's Approach To Low-Gravity Warfare, Benjamin Zweifach
Intercultural Human Rights Law Review
There is a little discussed but critically important gap in the U.N. Charter's law of force regime. While Article 2(4) prohibits all threats and uses of force by a state or non-state actor, Article 51 only authorizes self-defense when an armed attack or "most grave" use of force has occurred-leaving a considerable spectrum of low-gravity coercion below that threshold, where a victim state may be violently assaulted, but have no lawful recourse to protect itself with military action. This Paper explores the loophole in the Charter's regulatory architecture, and finds that it provides a safe harbor, protected from military counter-strikes, …
The Legal And Ethical Limits Of Technological Warfare Symposium: Roundtable Discussion Transcript, Amos Guiora, Harry Soyster, David Irvine, Geoffrey S. Corn, James Carofano, Claire Finkelstein, Laurie Blank, Monica Hakimi, George R. Lucas, Trevor Morrison, Frédéric Mégret
The Legal And Ethical Limits Of Technological Warfare Symposium: Roundtable Discussion Transcript, Amos Guiora, Harry Soyster, David Irvine, Geoffrey S. Corn, James Carofano, Claire Finkelstein, Laurie Blank, Monica Hakimi, George R. Lucas, Trevor Morrison, Frédéric Mégret
Faculty Scholarship
This article is a transcript of a roundtable discussion from the symposium, The Legal and Ethical Limits of Technological Warfare, February 1, 2013, University of Utah, S.J. Quinney College of Law.
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy
Faculty Scholarship
Forty years ago, at the birth of environmental law, both legal and philosophical luminaries assumed that the new field would be closely connected with environmental ethics. Instead, the two grew dramatically apart. This Article diagnoses that divorce and proposes a rapprochement. Environmental law has always grown through changes in public values; for this and other reasons, it cannot do so without ethics. Law and ethics are most relevant to each other when there are large open questions in environmental politics: lawmakers act only when some ethical clarity arises; but law can itself assist in that ethical development. This process is …
American Indian Law: A Discourse On Chthonic Law, Gregory Gagnon
American Indian Law: A Discourse On Chthonic Law, Gregory Gagnon
North Dakota Law Review
No abstract provided.
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
San Diego International Law Journal
This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …
Process Evaluation Of The Basic Training Program At A State Corrections Academy In The Southeast, Wendy Dawn Williams
Process Evaluation Of The Basic Training Program At A State Corrections Academy In The Southeast, Wendy Dawn Williams
Theses and Dissertations
This applied dissertation was designed to provide law enforcement and corrections administrators with current information about the components of basic training that can affect the retention of newly employed trainees during basic training. Attracting qualified applicants for law-enforcement jobs is a challenging task, and the preemployment screening and hiring processes are very expensive for agencies already plagued with reduced budgets. By the time a trainee actually makes it to basic training, a great deal of time and money has already been invested by the agency, and the trainee becomes an investment. When more than 20% of trainees exit a basic …
Hacker's Delight: Law Firm Risk And Liability In The Cyber Age, Michael Mcnerney, Emilian Papadopoulos
Hacker's Delight: Law Firm Risk And Liability In The Cyber Age, Michael Mcnerney, Emilian Papadopoulos
American University Law Review
No abstract provided.
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Santa Clara Journal of International Law
No abstract provided.
Cyber Deterrence, Eric Talbot Jensen
Cyber Deterrence, Eric Talbot Jensen
Faculty Scholarship
Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues to develop …
How Exclusive Is The Exclusive Economic Zone : Contemporary Analysis Of The United Nations Convention On The Law Of The Sea 1982, Oscar Garrido-Lecca Hoyle
How Exclusive Is The Exclusive Economic Zone : Contemporary Analysis Of The United Nations Convention On The Law Of The Sea 1982, Oscar Garrido-Lecca Hoyle
World Maritime University Dissertations
International agreements as maritime international laws are the main tool for the sustainable development of the protection and employment of the oceans and seas. Dealing with maritime issues that arise every day, requires a highly focused analysis and establishment of principles and rules to prevent these problems. Globalization provides the opportunity to carry out business around the world and its development has created transnational companies. Technological advances have allowed extended opportunities to explore and exploit the natural resources of the seas, with the resulting risk of these resources becoming extinct if such activities are not controlled. In this scenario, the …
Job Quality And Job Satisfaction Among Casino Workers: The Case Of Foxwoods, Donald M. Peppard Jr., Frances A. Boudreau
Job Quality And Job Satisfaction Among Casino Workers: The Case Of Foxwoods, Donald M. Peppard Jr., Frances A. Boudreau
UNLV Gaming Research & Review Journal
This article examines the quality of casino jobs at the largest Indian casino in the United States. It uses survey responses to measure how Foxwoods' employees evaluate various aspects of their jobs, and it also considers other aspects of job quality such as wages, fringe benefits, and wage inequality. The results are part of the growing literature that considers issues important to the gaming industry in the United States.
Constraints To The Growth Of Native American Gaming, James A. Davis, Samuel M. Otterstrom
Constraints To The Growth Of Native American Gaming, James A. Davis, Samuel M. Otterstrom
UNLV Gaming Research & Review Journal
Since the Indian Gaming Regulatory Act was passed in 1988, high-stakes bingo halls and casino operations have spread to reservations across the country and generated millions of dollars in revenues for their respective tribes. While some tribes have been able to exploit their sovereign status and establish high-stakes bingo parlors and casinos on reservations across the country, this study describes how external and internal constraints limit the adoption of gaming ventures by other tribes. Constraints include the location of the reservations, increasing competition, disagreements among tribal members, and opposition from the private and public sectors.
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles Yablon, Nick Landsman-Roos
Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles Yablon, Nick Landsman-Roos
Cardozo Law Review
This Article provides the first extended academic consideration of a new practice adopted by an increasing number of courts to resolve e-discovery disputes - the sampling of a small portion of the information sought in backup or other relatively inaccessible files. We provide a comprehensive overview and statistical analysis of contemporary sampling techniques, identifying issues where sampling practice is inconsistent or where additional guidance appears to be required. Our aim is to provide a coherent theoretical approach to the use of sampling, suggesting "best practices" for many unresolved issues, and locating sampling practice within broader contemporary debates about discovery.
The Supremacy Clause Preemption Rationale Reasonably Restrains An Individual State Pursuing Its Own Separate But Unequal Immigration Policy., L. Darnell Weeden
The Supremacy Clause Preemption Rationale Reasonably Restrains An Individual State Pursuing Its Own Separate But Unequal Immigration Policy., L. Darnell Weeden
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Cyberattacks And The Covert Action Statute: Toward A Domestic Legal Framework For Offensive Cyberoperations, Aaron P. Brecher
Cyberattacks And The Covert Action Statute: Toward A Domestic Legal Framework For Offensive Cyberoperations, Aaron P. Brecher
Michigan Law Review
Cyberattacks are capable of penetrating and disabling vital national infrastructure, causing catastrophic economic harms, and approximating the effects of war, all from remote locations and without the use of conventional weapons. They can be nearly impossible to attribute definitively to their sources and require relatively few resources to launch. The United States is vulnerable to cyberattacks but also uniquely capable of carrying out cyberattacks of its own. To do so effectively, the United States requires a legal regime that is well suited to cyberattacks' unique attributes and that preserves executive discretion while inducing the executive branch to coordinate with Congress. …
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Penn State Journal of Law & International Affairs (2012 - Present)
This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
The Growing Dark Side Of Cyberspace ( . . . And What To Do About It), Ronald Deibert
Penn State Journal of Law & International Affairs (2012 - Present)
Cyberspace – the global environment of digital communications – surrounds and embodies us entirely, 24 hours a day, 7 days a week. We are always on, always connected: emailing, texting, searching, networking, and sharing are all now as commonplace as eating, breathing, and sleeping. But there is a dark side to cyberspace - hidden contests and malicious threats - that is growing like a disease from the inside-out. This disease has many symptoms, and is being reinforced by a multiplicity of disparate but mutually reinforcing causes. Some of these driving forces are unintended byproducts of the new digital universe into …
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
Florida Law Review
Virginia Tech was not the first university rampage killing for which victims or their families sought compensation, nor is it likely to be the last. Because the current state of the law is unclear, this Note explores whether universities should have a duty to identify and thwart students that pose a threat to the lives of other students. Part II traces the history of university rampage killings and the sparse legal history surrounding them. In light of that sparse legal history, Part III considers the Tarasoff case and its progeny, which impose upon some professionals a duty to protect third …
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
William & Mary Environmental Law and Policy Review
No abstract provided.
Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner
Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner
School of Law Faculty Publications
The exponential increase in cybercrimes in the past decade has raised new issues and challenges for law and law enforcement. Based on case studies drawn from her work as a lawyer, Susan W. Brenner identifies a diverse range of cybercrimes, including crimes that target computers (viruses, worms, Trojan horse programs, malware and DDoS attacks) and crimes in which the computer itself is used as a tool (cyberstalking, cyberextortion, cybertheft, and embezzlement). Illuminating legal issues unique to investigations in a digital environment, Brenner examines both national law enforcement agencies and transnational crime, and shows how cyberspace erodes the functional and empirical …
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
Pepperdine Law Review
No abstract provided.
Mistakes About Intention In The Law Of Bioethics, Michael P. Moreland
Mistakes About Intention In The Law Of Bioethics, Michael P. Moreland
Law and Contemporary Problems
No abstract provided.
The Full Story Of United States V. Smith, America's Most Important Piracy Case, Joel H. Samuels
The Full Story Of United States V. Smith, America's Most Important Piracy Case, Joel H. Samuels
Articles
No abstract provided.
Hauerwas And The Law: Framing A Productive Conversation , Cathleen Kaveny
Hauerwas And The Law: Framing A Productive Conversation , Cathleen Kaveny
Law and Contemporary Problems
No abstract provided.
Must Liberalism Be Violent? A Reflection On The Work Of Stanley Hauerwas , Stephen L. Carter
Must Liberalism Be Violent? A Reflection On The Work Of Stanley Hauerwas , Stephen L. Carter
Law and Contemporary Problems
No abstract provided.