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Impact Of The Cuban Embargo On Inheritances By Cuban Nationals, Enrique Zamora Jan 2012

Impact Of The Cuban Embargo On Inheritances By Cuban Nationals, Enrique Zamora

St. Thomas Law Review

No abstract provided.


A Developing Norm Under International Law: A Case Study Of The Proliferation Security, Sunan J. Rustam Jan 2012

A Developing Norm Under International Law: A Case Study Of The Proliferation Security, Sunan J. Rustam

Maurer Theses and Dissertations

Introduced in 2003, the Proliferation Security Initiative (PSI) has developed into a norm of international law. The PSI statement of interdiction has gained status as a principle for conducting maritime interdiction to stop the illicit trafficking of weapons of mass destruction. As of 2011, ninety-eight countries, more than 50% of all countries in the world, have committed to practicing PSI. In addition, eleven ship-boarding agreements concluded with major flag-state countries have given the PSI access to more than 75% of commercial ships worldwide. In the international forum, the PSI has influenced international law, evidenced by the passing of U.N. Security …


Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams Jan 2012

Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams

Indiana Journal of Global Legal Studies

This Article examines the role that the Burmese diaspora plays from afar in influencing reform inside the country. It offers a brief history of the crisis in Burma as background for identifying the various elements of the diaspora: those on the run from the military; those in camps for internally displaced persons and refugees; migrant workers; leaders of the democracy movement active on Burma's borders; asylees; and professional activists with influence on the international community. The different groups use the different strategies available to them. The leadership on the borders is helping to lead the democracy movement inside the country; …


Courts Have Answers To The Military Contractors’ So-Called Political Questions Raised In Carmichael V. Kellogg, Brown & Root Services, Inc., Kaelin Patrick Kuhn Jan 2012

Courts Have Answers To The Military Contractors’ So-Called Political Questions Raised In Carmichael V. Kellogg, Brown & Root Services, Inc., Kaelin Patrick Kuhn

Catholic University Law Review

No abstract provided.


Front Matter Jan 2012

Front Matter

Journal of Air Law and Commerce

No abstract provided.


Battling The Unforseen Enemy: The Constitutional Attack On Military Sexual Assault, Tara D. Zickefoose Jan 2012

Battling The Unforseen Enemy: The Constitutional Attack On Military Sexual Assault, Tara D. Zickefoose

Tulsa Law Review

No abstract provided.


Between Semiotic Democracy And Disobedience: Two Views Of Branding, Culture And Intellectualproperty, Sonia K. Katyal Jan 2012

Between Semiotic Democracy And Disobedience: Two Views Of Branding, Culture And Intellectualproperty, Sonia K. Katyal

Faculty Scholarship

Even though most scholars and judges treat intellectual property law as a predominantly content-neutral phenomenon, trademark law contains a statutory provision, section 2(a), that provides for the cancellation of marks that are “disparaging,” “immoral,” or “scandalous.” This provision has raised intrinsically powerful constitutional concerns, which invariably affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only on how marks communicate information about a …


International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel Jan 2012

International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel

Canadian Journal of Law and Technology

This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …


Battlefield Borders, Threat Rhetoric, And The Militarization Of State And Local Law Enforcement, Danielle C. Jefferis Jan 2012

Battlefield Borders, Threat Rhetoric, And The Militarization Of State And Local Law Enforcement, Danielle C. Jefferis

American University National Security Law Brief

No abstract provided.


Assassination Or Targeted Killings After 9/11, John Yoo Jan 2012

Assassination Or Targeted Killings After 9/11, John Yoo

NYLS Law Review

No abstract provided.


Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau Jan 2012

Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau

Faculty Scholarship

Arbitration has long served as a contractual substitute for judicial litigation. It provided a workable and effective form of adjudication in ancient societies and among religious groups, much as it does in contemporary times. Its long-standing appeal resides in enabling parties to choose a private adjudicatory mechanism based upon expertise and expedition that delivers fair, affordable, and enforceable outcomes. Arbitral adjudication effectively intermediates between the need for functional trial procedures and the imperative of safeguarding legal rights. Rights cannot be vindicated if the applicable hearing mechanisms are inaccessible and inefficient. The protracted puffery of lawyers is not a feasible solution …


A Functional Approach To Targeting And Detention, Monica Hakimi Jan 2012

A Functional Approach To Targeting And Detention, Monica Hakimi

Articles

The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …


The Civilian Impact Of Drones: Unexamined Costs, Unanswered Questions, Human Rights Clinic, Center For Civilians In Conflict (Civic) Jan 2012

The Civilian Impact Of Drones: Unexamined Costs, Unanswered Questions, Human Rights Clinic, Center For Civilians In Conflict (Civic)

Human Rights Institute

Since 2008, the US has dramatically increased its lethal targeting of alleged militants through the use of weaponized drones—formally called unmanned aerial vehicles (UAV) or remotely piloted aircraft (RPA). Novel technologies always raise new ethical, legal, and practical chal- lenges, but concerns about drone strikes have been heightened by their role in what might colloquially be termed “covert drone strikes” outside the established combat theater of Af- ghanistan. Airstrike campaigns in Pakistan, Yemen, and Somalia are conducted with a degree of government secrecy enabled by the fact that there are few supporting US ground troops and/or CIA agents in these …


Applying Holder In An Irregular War, Ellen Porter Jan 2012

Applying Holder In An Irregular War, Ellen Porter

Public Interest Law Reporter

No abstract provided.


Inter Arma Enim Non Silent Leges, Philip C. Bobbitt Jan 2012

Inter Arma Enim Non Silent Leges, Philip C. Bobbitt

Faculty Scholarship

There is good reason to think that law and war have nothing to do with one another, and this has certainly been so for most of the lifetime of mankind. Cicero's famous observation-silent enim leges inter arma – from which I take my title, was not a novel insight when uttered in 52 B.C. and in any case was not said in the context of war, but of a prosecution for murder in the aftermath of the Roman riots of that era between the partisans of the populares and optimates. Clausewitz, however, said much the same thing when he decried …


Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman Jan 2012

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

Faculty Scholarship

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 tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …


Responses To The Five Questions, Charles J. Dunlap Jr. Jan 2012

Responses To The Five Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr. Jan 2012

Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap Jan 2012

Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap

Faculty Scholarship

No abstract provided.


The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr. Jan 2012

The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.

Faculty Scholarship

The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.


Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr. Jan 2012

Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust Jan 2012

The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust

Barry Law Review

No abstract provided.


The United States' Enhanced Impunity For Its International Obligations: The Continued Unlawful Treatment Of Captives And Detainees Following The Attack Of September 11, 2001, David Brennan Jan 2012

The United States' Enhanced Impunity For Its International Obligations: The Continued Unlawful Treatment Of Captives And Detainees Following The Attack Of September 11, 2001, David Brennan

Barry Law Review

No abstract provided.


Humanitarian Intervention And Syria, Eric Engle Jan 2012

Humanitarian Intervention And Syria, Eric Engle

Barry Law Review

No abstract provided.


Freedom Struggles And The Limits Of Constitutional Continuity, Aziz Rana Jan 2012

Freedom Struggles And The Limits Of Constitutional Continuity, Aziz Rana

Cornell Law Faculty Publications

This Essay challenges the view that although the actual and everyday Constitution may be riddled with real injustices, progressives should maintain faith in an idealized document and should see the shared language of constitutionalism as the privileged instrument for redeeming political life. Instead, it argues that faith should reside in an ideal of effective and equal freedom alone. Indeed, such a commitment may at key moments require pursuing constitutional rupture and rejection. The Essay highlights this point by reinterpreting two central decisions from the Civil War and Reconstruction eras: The Prize Cases (1863) and Ex parte Milligan (1866). These cases …


Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan Jan 2012

Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan

GW Law Faculty Publications & Other Works

Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.

This article asserts …


The Crime Of Aggression At The Icc, Sean D. Murphy Jan 2012

The Crime Of Aggression At The Icc, Sean D. Murphy

GW Law Faculty Publications & Other Works

In May 2012, Liechtenstein became the first State to ratify amendments to the Rome Statute of the International Criminal Court (ICC) that seek to activate the Court’s jurisdiction over the crime of aggression. The amendments, which were adopted by consensus at the ICC Review Conference that met in Kampala, Uganda, in 2010, establish definitions for “act of aggression” and “crime of aggression,” and provide the Court with jurisdiction even in the absence of a referral from the Security Council. At the same time, the States Parties decided that the ICC’s jurisdiction over this crime will not become operative until at …


Reclaiming Global Environmental Leadership: Why The United States Should Ratify Ten Pending Environmental Treaties, Mary Jane Angelo, Rebecca M. Bratspies, David Hunter, John H. Knox, Noah Sachs, Sandra B. Zellmer Jan 2012

Reclaiming Global Environmental Leadership: Why The United States Should Ratify Ten Pending Environmental Treaties, Mary Jane Angelo, Rebecca M. Bratspies, David Hunter, John H. Knox, Noah Sachs, Sandra B. Zellmer

Working Papers

For more than a century, the United States has taken the lead in organizing international responses to international environmental problems. In the last two decades, however, U.S. environmental leadership has faltered. The best-known example is the lack of an effective response to climate change, underscored by the U.S. decision not to join the Kyoto Protocol. But that is not the only shortfall. The United States has also failed to join a large and growing number of treaties directed at other environmental threats, including marine pollution, the loss of biological diversity, persistent organic pollutants, and trade in toxic substances. This white …


Human Trafficking, The Rule Of Law, And Corporate Social Responsibility, Anna W. Shavers Jan 2012

Human Trafficking, The Rule Of Law, And Corporate Social Responsibility, Anna W. Shavers

South Carolina Journal of International Law and Business

No abstract provided.


Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii Jan 2012

Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii

Faculty Publications & Other Works

No abstract provided.