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Free Riding On Benevolence: Collective Action Federalism And The Minimum Coverage Provision, Neil S. Siegel

Law and Contemporary Problems

Opponents of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA) argue that this “individual mandate” is beyond the scope of Congress’s commerce power because it regulates the “inactivity” of not purchasing health insurance. Defenders of the provision argue that it regulates the “activity” of participating in the interstate health care market, including by obtaining health care without paying for it. This Article argues that the distinction between inactivity and activity is irrelevant to the limits of the commerce power.

Drawing from the theory of collective action federalism that he recently articulated with Robert Cooter, the …

Enforcing The Full Faith And Credit Clause: Congress Legislates Finality For Child Custody Decrees, L. Lynn Hogue

Georgia State University Law Review

No abstract provided.

Targeted Killing And Just War: Reconciling Kill-Capture Missions, International Law, And The Combatant Civilian Framework, Louis H. Guard

Cornell Law Library Prize for Exemplary Student Research Papers

This paper addresses how kill-capture missions can be reconciled with the underlying principles of just war theory. Part I of this paper outlines the traditional just war combatant-civilian framework and the basic legal doctrines currently thought to apply to targeted killing. Part II advances a new conception of the traditional combatant-civilian framework that incorporates the third category of alternative belligerents by showing how groups such as al Qaeda are neither combatants nor non-combatants in the just war sense and thus compel the creation of a third conceptual category. Part III of the paper applies the new framework to the kill-capture …

Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph

Pepperdine Law Review

No abstract provided.

Repairing The Consequences Of Ethnic Cleansing, John Quigley

Pepperdine Law Review

No abstract provided.

The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

The Common European Sales Law is designed as an optional instrument that European parties engaged in cross-border transactions could choose for their transactions in preference to national law. The goal is to increase cross-border transactions and perhaps to enhance European identity. But the CESL is unlikely to achieve these goals. It raises transaction costs while producing few if any benefits; it is unlikely to spur beneficial jurisdictional competition; its consumer protection provisions will make it unattractive for businesses; and its impact on European identity is likely to be small.

Should Cyber Exploitation Ever Constitute A Demonstration Of Hostile Intent That May Violate Un Charter Provisions Prohibiting The Threat Or Use Of Force?, Anna Wortham

Federal Communications Law Journal

More and more, the United States and other countries rely on complex infrastructures that are primarily controlled by information technology. Although extremely destructive cyber threats and attacks against nations are a reality, the laws governing cyber exploitation have not kept pace with this threat. Because the United States and other nations may use cyber capabilities offensively as well as defensively, it is important that the laws for engaging in such cyber conflict be well defined. Currently, it seems unlikely that cyber exploitation can ever be regarded as a threat or use of force under the UN Charter because it is …

Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, And A Federal Court Nightmare From Here To Guantanamo, Thomas A. Durkin

Notre Dame Journal of International & Comparative Law

No abstract provided.

Terrorism In Violation Of The Law Of Nations, Juliet Sorensen

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Way We Live Now: Thetorical Persuasion And Democratic Conversation, Eugene Garver

Mercer Law Review

I. WHAT'S NEW?

It would be ungrateful for me to argue with the questions I have been invited to explore. But that is where I have to start. I have been asked to address the following:

What are the virtues required for our common life as citizens in a democracy and for civil democratic conversation? How and why have these virtues been eroded in our Republic as we enter the second decade of the twenty-first century? What resources exist within political thought and our American political tradition for confronting this erosion?

I want to quarrel with four presuppositions of my …

The Faculty Workshop, Pierre Schlag

Buffalo Law Review

No abstract provided.

Climate Change, Environmental Degradation, And Migration: A Complex Nexus, Mostafa Mahmud Naser

William & Mary Environmental Law and Policy Review

The individual or combined effects of climate change are likely to trigger mass human movement both within and across international borders. The United Nations High Commissioner for Refugees (“UNHCR”) predicts that between 50 and 200 million people may be displaced by 2050. Thus, the human impact on the environment is creating a new kind of global casualty for the twenty-first century—an emergent class of environmental migrants. The exact number of individuals cannot be predicted as scholars and international agencies provide varying statistics depending on underlying methods, scenarios, time frames, and assumptions. Many authors challenge the concept of climate change as …

Crafting An Asbestos Scheduled Compensation Solution For Louisiana And The Nation, Brittan Jackson Bush

Louisiana Law Review

No abstract provided.

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

A Business Lawyer's Bibliography: Books Every Dealmaker Should Read, Robert C. Illig

Journal of Legal Education

No abstract provided.

The Hegemony Of English In South African Education, Kelsey E. Figone

Scripps Senior Theses

The South African Constitution recognizes 11 official languages and protects an individual’s right to use their mother-tongue freely. Despite this recognition, the majority of South African schools use English as the language of learning and teaching (LOLT). Learning in English is a struggle for many students who speak indigenous African languages, rather than English, as a mother-tongue, and the educational system is failing its students. This perpetuates inequality between different South African communities in a way that has roots in the divisions of South Africa’s past. An examination of the power of language and South Africa’s experience with colonialism and …

The Federal Mediation And Conciliation Service: A Partner In International Conflict Prevention, Andrea Strimling

Pepperdine Dispute Resolution Law Journal

The Federal Mediation and Conciliation Service ("FMCS"), an independent agency of the U.S. government with over a half-century of conflict management and institutional-development experience, is a valuable resource in U.S. efforts to prevent armed conflict and build the foundations for lasting security in the U.S. and around the world. Given the urgency and complexity of this challenge, the United States should identify, support, and leverage all appropriate resources for preventive diplomacy, including short-term operational prevention and long-term structural prevention. Through its International Program, FMCS has already made important contributions to both types of prevention, drawing on three strategic assets that …

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew Waxman

Popular Media

Policy Review American University, WCL Research Paper No. 2012-32 Columbia Law School Public Law & Legal Theory Working Paper Group Paper No.12-313 Abstract Lethal autonomous machines will inevitably enter the future battlefield — but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing …

Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew Waxman

Popular Media

Policy Review American University, WCL Research Paper No. 2012-32 Columbia Law School Public Law & Legal Theory Working Paper Group Paper No.12-313 Abstract Lethal autonomous machines will inevitably enter the future battlefield — but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing …

Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor

Honors Projects in History and Social Sciences

Presently, 120 states are parties to the Rome Statute establishing the International Criminal Court (ICC). A state that one will not find on the list, however, would be the United States. This project examines the relationship between the International Criminal Court (ICC) and the United States. The United States took part in the negotiating process, signing the Rome Statute under President Bill Clinton, but was not fully satisfied with the agreement reached. Under President Bush, however, the Rome Statute was unsigned. Presently, the United States remains unsigned on the Rome Statute. The relationship between the Court and the United States …

The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble

Fordham Intellectual Property, Media and Entertainment Law Journal

Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location — a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of raising borders in cyberspace, …

The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn

Scholarly Articles in Law Reviews & Journals

Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …

Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar

Michigan Journal of International Law

Nuclear weapons pose an increased international threat to security in the modem era. Cheap transportation and the opening of national borders for trade have made it easy for nuclear materials to cross national boundaries. Informal networks have sprouted up, facilitating the proliferation and exchange of nuclear materials and the technology required to turn those materials into weapons. Advances in technology have made it easier to enrich uranium, instilling concerns of increased nuclear weapons proliferation. These changes in technology, the development of informal nuclear networks, and lax security in safeguarding weapons by states such as Russia and Pakistan have fueled global …

Heroism, Valor, And Deceit: False Claims Of Military Awards And The First Amendment, Robert J. Juge Iii

Cardozo Public Law, Policy & Ethics Journal

Rick Duncan always wanted to serve his country. His military career started at the United States Naval Academy at Annapolis. As a Marine Corps Captain, he served with distinction as a Nuclear Missile Launch Officer. Serving at the Pentagon during the 9/11 attacks, he quickly volunteered for a combat tour in Iraq. While commanding a Marine Battalion in Fallujah, he was struck by a roadside bomb, which resulted in permanent brain trauma and cost him his finger, forcing him to return home. After receiving a Silver Star and a Purple Heart for his gallantry, he refused to give up. If …

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …

Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish

Buffalo Law Review

This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its final judgment and verdicts, has largely …

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

Buffalo Law Review

No abstract provided.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.