Digital Commons Network^™

The Changing Character Of The Participants In War: Civilianization Of Warfighting And The Concept Of "Direct Participation In Hostilities", Charles Garraway

International Law Studies

No abstract provided.

The Toshiba-Kongsberg Incident: Shortcomings Of Cocom, And Recommendations For Increased Effectiveness Of Export Controls To The East Bloc, Wende A. Wrubel

American University International Law Review

No abstract provided.

Strengthening World Order: Reversing The Slide To Anarchy, John Norton Moore

American University International Law Review

No abstract provided.

Why It’S Called The Affordable Care Act, Nicholas Bagley

Law & Economics Working Papers

The Patient Protection and Affordable Care Act of 2010 (“ACA”) raises numerous policy and legal issues, but none have attracted as much attention from lawyers as Section 1501. This provision, titled “Maintenance of Mini-mum Essential Coverage,” but better known as the “individual mandate,” requires most Americans to obtain health insurance for themselves and their dependents by 2014. 1 We are dismayed that the narrow issue of the mandate and the narrower issue of free riding have garnered so much attention when our nation’s health-care system suffers from countless problems. By im-proving quality, controlling costs, and extending coverage to the uninsured, …

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Terrorism Financing: The Rise And Fall Of Counter‐Terrorism Policy Primacy, Jonathan Vollinger

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Pulling Back The Covers: Saleh V. Titan Corporation And (Near) Blanket Immunity For Military Contractors In War Zones, Ian S. Speir

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis

Faculty Publications

No abstract provided.

At And Beyond Fifteen: Mapping Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes

University of Miami Race & Social Justice Law Review

No abstract provided.

Power To The People Or To The Professionals: The Politics Of Mature Regulatory Regimes, R. Shep Melnick

Tulsa Law Review

No abstract provided.

Statues, Courts, And Democracy In America, Paul Frymer

Tulsa Law Review

No abstract provided.

Disability Rights, Welfare Law, Mark C. Weber

Cardozo Law Review

This Article asks how disability rights ideas can be reconciled with - and might transform - the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person's physical and mental conditions and society's environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law …

China's Use Of Cyber Warfare: Espionage Meets Strategic Deterrence, Magnus Hjortdal

Journal of Strategic Security

This article presents three reasons for states to use cyber warfare and
shows that cyberspace is—and will continue to be—a decisive element in
China's strategy to ascend in the international system. The three reasons
are: deterrence through infiltration of critical infrastructure; militarytechnological
espionage to gain military knowledge; and industrial espionage
to gain economic advantage. China has a greater interest in using
cyberspace offensively than other actors, such as the United States, since
it has more to gain from spying on and deterring the United States than
the other way around. The article also documents China's progress in
cyber warfare and …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

"Information Operations Matters: Best Practices," Leigh Armistead, (Washington, D.C.: Potomac Books, 2010), Robin L. Thompson

Journal of Strategic Security

No abstract provided.

"The Dynamics Of Terror And Creation Of Homegrown Terrorists," Richard J. Hughbank, Ed. Et Al., (Mustang, Ok: Tate Publishing And Enterprises, 2010), Jennifer Jefferis

Journal of Strategic Security

No abstract provided.

"The New Muslim Brotherhood In The West," Lorenzo Vidino, (New York: Columbia University Press, 2010), Sheldon Greaves , Ph.D.

Journal of Strategic Security

No abstract provided.

A Call For Mediated Solutions To Arctic Region Disputes, Bradley L. Roth

Cardozo Journal of International and Comparative Law

The note argues that the Arctic region has become a focal point of international competition due to climate change, with disputes over territorial, resource, and navigational rights among the Arctic Five (Canada, Denmark, Norway, Russia, and the United States). It advocates for a worldcentric mediation approach, emphasizing global sustainability and fairness, to resolve these disputes effectively while addressing the region's ecological sensitivity and the long-term sustainability of the planet.

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.

Terrorism Law Report, 2011 Summer, St. Mary's University School Of Law Center For Terrorism Law

Quarterly News

No abstract provided.

Aryans, Gender, And American Politics, Robert L. Tsai

Faculty Scholarship

This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community" (forthcoming Harvard University Press, 2014).

The Security Council Blockade Of Iraq: Conflicting Obligations Under The United Nations Charter And The Fourth Geneva Convention, Michael R. Skiaire

American University International Law Review

No abstract provided.

Universal Jurisdiction Not So Universal: A Time To Delegate To The International Criminal Court, Dalila V. Hoover

Cornell Law School Inter-University Graduate Student Conference Papers

The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines a certain number of legal and political issues in its implementation. Because the principle of universal jurisdiction relies on national authorities to enforce international prohibitions, pivotal decisions are expected to reflect, to a greater or lesser extent, domestic decision-makers’ positions as to the interests of justice, the national interest and other criteria. In many States, the legal system lacks the means to investigate or prosecute on the basis of universal jurisdiction. Indeed, many legal systems do not define the term “crimes” that can …

An Express Reservation? An Analysis Of Reservations Under The Equal Footing Doctrine As Applied In United States V. Milner, Patrick Beddow

Public Land & Resources Law Review

No abstract provided.

Wikileaks: Balancing First Amendment Rights With National Security, Melissa Hannah Opper

Loyola of Los Angeles Entertainment Law Review

In July 2010, Private First Class Bradley Manning released thou-sands of classified documents with the help of WikiLeaks, a private web-site created to expose government and corporate corruption. During the months that followed, WikiLeaks disseminated several thousand addi-tional classified documents, including the whereabouts of U.S. troops and diplomatic cables. Public concern grew over the rapid release of the documents into Internet space. Lawmakers and government officials questioned whether the release of such information would compromise national security and foreign relations and violate the Espionage Act of 1917. While not all of the information distributed by WikiLeaks violated the law, the …

The International Review | 2011 Spring/Summer, Michael Rhee

The International Review Newsletter

Same-sex marriage around the world: Overview and status of debate

Can the United States kill Americans who support terrorism?

Prosecuting and punishing pirates: A work in progress

Criminal disenfranchisement at home and abroad

Oklahoma: Sharia, international law banned in courts?

Switzerland: New law to recover stolen public funds from abroad

United Kingdom: Plastic wrap controversy

Can international law clean up electronic waste?

New agreement to protect, share benefits of biodiversity

More money in the bank to prevent financial crises

Can Libya end its Arab Spring by using mercenaries?

New York: Entire corporations cannot be sued for human rights abuses

Japan: …

The Debate Over Indian Removal In The 1830s, George William Goss

Graduate Masters Theses

The US in the 1830s debated the relationship between the US and Indian Communities of North America. The principles calling for equal rights and political democracy were in contradiction with the principles calling for the US to follow colonial principles of the European empires that had begun to invade North America in the late 1400s. The colonies that had revolted against British rule in the late 1700s continued their expansion of settlements and political incorporation. The proposal of Indian Removal was a straightforward expression of that expansionism. There was a national campaign developed in support of the Indian resistance, particularly …

A Guide For Homeland Security Instructors Preparing Physical Critical Infrastructure Protection Courses, Steven Hart, James D. Ramsay

Security Studies & International Affairs - Daytona Beach

Over 350 academic programs in the United States currently offer instruction in the field of homeland defense and security. In spite of this growth at the program level over the past ten years, there still exists a shortage of instructors and coursework in critical infrastructure protection (CIP). Traditional instructor preparation (which is accomplished through the attainment of an advanced degree coupled with research and professional experience) does not currently produce enough instructors qualified in CIP because of the extremely limited number of CIP-related educational opportunities. Therefore, an alternate venue for instructor preparation must be provided. This article addresses that need …

Of Courage, Tumult, And The Smash Mouth Truth: A Union Side Apologia, Michael C. Duff

All Faculty Scholarship

In this paper I argue that no labor movement is possible until workers understand and accept the inevitability of labor-management conflict. I support my contention drawing broadly on history surrounding the New Deal and on my own experiences as a union organizer and labor lawyer.