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Articles 5311 - 5340 of 13097
Full-Text Articles in Entire DC Network
Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn
Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn
Faculty Publications & Other Works
No abstract provided.
Hybrid Entities: Distributing Profits With A Purpose, Heather Sertial
Hybrid Entities: Distributing Profits With A Purpose, Heather Sertial
Fordham Journal of Corporate & Financial Law
This Note elaborates on the introduction of a new legal structure for organizations known as the “hybrid entity.” A hybrid encompasses aspects of both the for-profit model, to generate revenue; as well as the nonprofit model, to distribute funds to a community in need. The objective of this Note is to offer a structural guide to entrepreneurs who are interested in this new model. This Note first examines the limitations of for-profits that would like to contribute to social goals, as well as the limitations of nonprofits that wish to increase their revenues. This Note then discusses two current statutory …
Support And Defend: Civil-Military Relations In The Age Of Obama, Mark R. Shulman
Support And Defend: Civil-Military Relations In The Age Of Obama, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
Part I discusses A More Perfect Military: How the Constitution Can Make Our Military Stronger by law professor Diane Mazur, a new book that examines recent civil-military relations in the United States. Her carefully constructed work maintains that since the Vietnam era, the United States Supreme Court has hewn the armed forces from general society in order to create a separate—and more socially conservative—sphere. Part II discusses The Decline and Fall of the American Republic by constitutional scholar Bruce Ackerman, a wise and wide-ranging book that argues that the nation’s polity is in decline and that the increasingly politicized armed …
Sovereignty And Neutrality In Cyber Conflict, Eric Talbot Jensen
Sovereignty And Neutrality In Cyber Conflict, Eric Talbot Jensen
Fordham International Law Journal
No abstract provided.
From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans
From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans
Cardozo Journal of International and Comparative Law
No abstract provided.
The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner
Cardozo Journal of International and Comparative Law
The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.
Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses, Alexander Melnitzky
Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses, Alexander Melnitzky
Cardozo Journal of International and Comparative Law
The note argues that cyber espionage, particularly by China, poses a significant threat to U.S. national security and should be treated as a national security issue rather than solely a criminal matter. It advocates for the use of active defenses as a legal and justified response, asserting that such measures align with international law and the principles of jus ad bellum and jus in bello.
Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler
Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler
Scholarly Publications
How has originalism become so politically successful? In answering this question, leading scholarship has focused on the ways in which political leaders, judges, and lawyers have cultivated popular support for originalism. In one account, legal academics, politicians, and judges have explained the legal merits of originalism as a method of interpretation: its political neutrality and its democratic legitimacy. In a second version, political leaders—in particular, the Reagan Administration and the judges it nominated—made apparent that originalism would often produce outcomes that social conservatives found satisfactory. With some exceptions, leading studies primarily address the contributions made by elites to rhetoric about …
Applying A Sovereign Agency Theory Of The Law Of Armed Conflict, Eric Talbot Jensen
Applying A Sovereign Agency Theory Of The Law Of Armed Conflict, Eric Talbot Jensen
Chicago Journal of International Law
The current bifurcated conflict classification paradigm for applying the Law of Armed Conflict (LOAC) has lost its usefulness. Regulation of state militaries was originally based on the principle that the armed forces of a state were acting as the sovereign agents of the state and were granted privileges and given duties based on that grant of agency. These privileges and duties became the bases for the formulation of the modern LOAC. During the twentieth century, the LOAC became bifurcated, with the complete LOAC applying only to armed conflicts between sovereigns and only few provisions of the law applying to armed …
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Buffalo Law Review
No abstract provided.
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Scholarly Works
No abstract provided.
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Scholarly Works
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 erecting borders in cyberspace, focuses on …
Forgiveness In Islamic Ethics And Jurisprudence, Russell Powell
Forgiveness In Islamic Ethics And Jurisprudence, Russell Powell
Faculty Articles
Some commentators characterize the relationship between Islam and other religions as a clash of cultures. Deep seated senses of harm, whether arising from the Crusades or 9/11, make the process of intercommunal engagement particularly challenging. However, some contemporary Muslim scholars propose a new paradigm for constructive interaction with non-Muslim communities that is authentically rooted in Islamic jurisprudential and textual traditions. The paper explores a number of potential starting points for intercommunal toleration, forgiveness, and reconciliation within Islamic tradition. Islamic jurisprudence contains deep commitments to forgiveness and reconciliation in its textual traditions (the Quran and Sunna), in its classical jurisprudence (particularly …
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
St. Mary's Law Journal
Abstract Forthcoming.
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
Case Western Reserve Journal of International Law
No abstract provided.
Implementing International Anti-Corruption Standards To Improve Afghanistan's Education System, Adam J. Centner
Implementing International Anti-Corruption Standards To Improve Afghanistan's Education System, Adam J. Centner
Case Western Reserve Journal of International Law
No abstract provided.
Inadvertent Implications Of The War Powers Resolution, Michael A. Newton
Inadvertent Implications Of The War Powers Resolution, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
America's Drone Wars, Leila Nadya Sadat
America's Drone Wars, Leila Nadya Sadat
Case Western Reserve Journal of International Law
No abstract provided.
Rightly Dividing The Domestic Jihadist From The Enemy Combatant In The "War Against Al-Qaeda"--Why It Matters In Rendition And Targeted Killing, Jeffrey F. Addicott
Rightly Dividing The Domestic Jihadist From The Enemy Combatant In The "War Against Al-Qaeda"--Why It Matters In Rendition And Targeted Killing, Jeffrey F. Addicott
Case Western Reserve Journal of International Law
No abstract provided.
Cyberwar And Unmanned Aerial Vehicles: Using New Technologies, From Espionage To Action, Jessica A. Feil
Cyberwar And Unmanned Aerial Vehicles: Using New Technologies, From Espionage To Action, Jessica A. Feil
Case Western Reserve Journal of International Law
No abstract provided.
Targeted Killing: When Proportionality Gets All Out Of Proportion, Amos Guiora
Targeted Killing: When Proportionality Gets All Out Of Proportion, Amos Guiora
Case Western Reserve Journal of International Law
No abstract provided.
The War Powers Resolution-- A Dim And Fading Legacy, John R. Crook
The War Powers Resolution-- A Dim And Fading Legacy, John R. Crook
Case Western Reserve Journal of International Law
No abstract provided.
The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio
The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio
Case Western Reserve Journal of International Law
No abstract provided.
What We Didn't See Before, Allison Anna Tait
What We Didn't See Before, Allison Anna Tait
Law Faculty Publications
The essays in this Issue concentrate on a primary, and crucial, cluster of analytic concerns about the ways in which governments, artists, and architects have chosen to represent the concept of justice.
The Law Of Cyber-Attack, Rebecca Crootof, Oona A. Hathaway
The Law Of Cyber-Attack, Rebecca Crootof, Oona A. Hathaway
Law Faculty Publications
Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be treated as acts of war. Yet the attacks look little like the armed attacks that the law of war has traditionally regulated. This Article examines how existing law may be applied-and adapted and amended-to meet the distinctive challenge posed by cyber-attacks. It begins by clarifying what cyber-attacks are and how they already are regulated by existing bodies of law, including the law …
Cross-Dressers With Benefits: Female Combat Soldiers In The United States And Israel, Pamela Laufer-Ukeles
Cross-Dressers With Benefits: Female Combat Soldiers In The United States And Israel, Pamela Laufer-Ukeles
University of Baltimore Law Review
No abstract provided.
The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali
The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali
Cardozo Journal of International and Comparative Law
No abstract provided.
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel, Peter Margulies
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel, Peter Margulies
Law Faculty Scholarship
No abstract provided.