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An Age Of Extremes: International Law In Crisis: Eight Challenges, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

The Crisis Of International Law, Joel P. Tractman

Case Western Reserve Journal of International Law

No abstract provided.

After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.

Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

Feminism And Feminist Scholarship Today, Rachel Blau Duplessis

Journal of Feminist Scholarship

No abstract provided.

Radicalization Into Violent Extremism I: A Review Of Social Science Theories, Randy Borum

Journal of Strategic Security

In discourse about countering terrorism, the term "radicalization" is widely used, but remains poorly defined. To focus narrowly on ideological radicalization risks implying that radical beliefs are a proxy—or at least a necessary precursor—for terrorism, though we know this not to be true.Different pathways and mechanisms of terrorism involvement operate in different ways for different people at different points in time and perhaps in different contexts. This article explores the problems in defining radicalization and radicalism, and suggests that radicalization—and more specifically, involvement in terrorism—might best be viewed as a set of diverse processes. It goes on to review several …

Radicalization Into Violent Extremism Ii: A Review Of Conceptual Models And Empirical Research, Randy Borum

Journal of Strategic Security

Over the past decade, analysts have proposed several frameworks to explain the process of radicalization into violent extremism (RVE). These frameworks are based primarily on rational, conceptual models which are neither guided by theory nor derived from systematic research. This article reviews recent (post-9/11) conceptual models of the radicalization process and recent (post-9/11) empirical studies of RVE. It emphasizes the importance of distinguishing between ideological radicalization and terrorism involvement, though both issues deserve further empirical inquiry.Finally, it summarizes some recent RVE-related research efforts, identifies seven things that social science researchers and operational personnel still need to know about violent radicalization, …

Disarming Youth Combatants: Mitigating Youth Radicalization And Violent Extremism, Alpaslan Özerdem, Sukanya Podder

Journal of Strategic Security

In the complex of motivating variables that define the push and pull factors behind recruitment and participation in civil conflict, "radicalization"—or "violent extremism"—is not conceived as a very strong motive, as is the case with studies on terrorism. As part of disarming youth combatants,the linkages between reintegration outcomes and possible rerecruitment into radical and extremist violence must be better understood to mitigate such risks. In our analysis, the policies guiding reintegration of child soldiers and youth should be better attuned to the relationship between recruitment motivations and reintegration outcomes, and must be approached from a political lens rather than a …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell

Law Faculty Publications

Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Carl Schmitt And The Critique Of Lawfare, David Luban

Georgetown Law Faculty Publications and Other Works

“Lawfare” is the use of law as a weapon of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law—lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested argument, and ultimately …

Against Flexibility, David A. Super

Georgetown Law Faculty Publications and Other Works

Contemporary legal thinking is in the thrall of a cult of flexibility. We obsess about avoiding decisions without all possible relevant information while ignoring the costs of postponing decisions until that information becomes available. We valorize procrastination and condemn investments of decisional resources in early decisions.

Both public and private law should be understood as a productive activity converting information, norms, and decisional and enforcement capacity into outputs of social value. Optimal timing depends on changes in these inputs’ scarcity and in the value of the decision they produce. Our legal culture tends to overestmate the value of information that …

A Review Of 2010 Video Game Litigation And Selected Cases, Jesse L. Adkins

SMU Science and Technology Law Review

No abstract provided.

An Elucidating Response To Erroneous Outrage: Why Continued Law Of War Detention Under Executive Order 13,567 Is Legal, Jenny Liabenow

Florida A & M University Law Review

No abstract provided.

An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton

Michigan Journal of International Law

The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …

The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory Scott Crespi

Santa Clara Law Review

No abstract provided.

The Coal Miners Have Taken Care Of Us: Let's Now Take Care Of The Coal Miners, Priscilla Norwood Harris

Journal Publications

For over a hundred years, coal has helped power America's economy.' In short, without coal mining no industrial revolution would have occurred. "Coal fueled the new industrial capitalism."' Moreover, from the very beginnings of industrialization in the United States, "Appalachian coal and other fossil fuels have fired the engine of American industry,"' and it was Appalachian coking coal that helped make the steel America needed.' Coal transformed the United States into "an industrial superpower from a virtual wilderness."" This massive use of coal has come at a price to the miners." The death and injury rate from mining is matched …

A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.

Journal Publications

This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …

Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine V. Jackson

UC Law Business Journal

This article sets forth an argument as to why the empowerment of stakeholder investors presents the only currently viable means for stakeholders to influence the behavior of the American public corporation. The article explores the history of corporations in America, Germany, and the United Kingdom and analyzes the disparate theories of corporate governance between the countries. Through this analysis, it will become clear that: (1) of the various interests having control over corporate decision-making, shareholders can best accommodate stakeholder interests; (2) stakeholder interests can be represented in corporate management and decisionmaking; and (3) the empowerment of stakeholder-shareholders can reform corporate …

An Unstoppable Force: The Offshore World In A Modern Global Economy, Michael J. Burns, James Mcconvill

UC Law Business Journal

Offshore financial centres ("OFCs") are often labelled "tax havens" due to a misconception that they only serve to avoid tax liability. This comment focuses on the many other practical reasons for using OFCs in international business. Reducing tax liability is just one of many reasons why structures utilise products from OFCs. The authors argue that OFCs are not simply "tax havens," but are a positive, unstoppable force in their own right.

The Limits Of Constitutional Convergence, Rosalind Dixon, Eric A. Posner

Book Sections

Globalization, some legal scholars suggest, is a force that makes increasing convergence among different countries' constitutions more or less inevitable. This Essay explores this hypothesis by analyzing both the logic-and potential limits-to four differe

Risk Taking And Force Protection, David Luban

Georgetown Law Faculty Publications and Other Works

This paper addresses two questions about the morality of warfare: (1) how much risk must soldiers take to minimize unintended civilian casualties caused by their own actions (“collateral damage”), and (2) whether it is the same for the enemy's civilians as for one's own.

The questions take on special importance in warfare where one side is able to attack the other side from a safe distance, but at the cost of civilian lives, while safeguarding civilians may require soldiers to take precautions that expose them to greater risk. In a well-known article, Asa Kasher and Amos Yadlin argue that while …

Nuclear Weapons And Compliance With International Humanitarian Law And The Nuclear Non-Proliferation Treaty, Charles J. Moxley Jr., John Burroughs, Jonathan Granoff

Fordham International Law Journal

This Essay proceeds in three Parts. Part I describes the effects of nuclear weapons and the many calls in recent years from across the political spectrum for the abolition of nuclear weapons, including such calls by President Obama both as presidential candidate and as president. Part II describes the Obama NPR and the many respects in which it backs away from the avowed objective of abolition by continuing the United States' Cold War posture, which was premised on the putative legitimacy of nuclear weapons and deterrence and in defiance of international law. Part III suggests how a nuclear posture committed …

Obama's Nuclear Posture Review: An Ambitious Program For Nuclear Arms Control But A Retreat From The Objective Of Nuclear Disarmament, Charles J. Moxley Jr.

Fordham International Law Journal

President Barack Obama and US political and policy leaders across the political spectrum have in recent years spoken about the need to eliminate nuclear weapons because of the dangers they pose. In 1970, the United States agreed by Article VI of the Nuclear Non-Proliferation Treaty ("NPT") to negotiate nuclear disarmament in good faith. The International Court of Justice ("ICJ") in 1996 found that this is an obligation not just to begin but also to "bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control." International humanitarian law ("IHL") prohibits the use …

Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway

Michigan Law Review

We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has failed to address this modern reality. Nowhere is this failure more clear than in the recent U.S. conflict in Iraq. Congress self-consciously restricted the war's aims to narrow purposes-expressly authorizing a limited war. But the Bush Administration evaded these constitutional limits and transformed a well-defined and limited war into an open-ended conflict operating beyond constitutional boundaries. President Obama has thus far failed to repudiate these acts of presidential unilateralism. If he continues on this course, he will consolidate the precedents set by …

The Guantánamo Detainees During Detention: Data From Department Of Defense Records, Mark Denbeaux, Joshua Denbeaux

Seton Hall Law Review

No abstract provided.

Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler

Articles by Maurer Faculty

Security, economic, development, and humanitarian threats created by infectious diseases have heightened the importance of military forces to national and global public health responses. This article explores the increasing need for military involvement in public and global health surveillance and response to infectious disease threats, and focuses on how military forces can more effectively support implementation of the World Health Organization’s International Health Regulations (2005) (IHR (2005)). The article explains the major changes made in negotiations that produced the IHR (2005) and the importance of these changes to military-to-military activities and civilian-military cooperation. It identifies five areas in which military …

Managing Forced Displacement By Law In Africa: The Role Of The New African Union Idps Convention, Won Kidane

Vanderbilt Journal of Transnational Law

This Article provides a critical appraisal of the newly adopted African IDPs Convention. In particular, it offers a detailed analysis of the Convention's transformation of the UN Guiding Principles into legally binding rules for the management of the phenomenon of internal displacement in Africa. By definition, internally displaced persons (IDPs) are persons who have not crossed international frontiers and are citizens of the state within which they find themselves. Although their conditions may be similar to refugees, who are necessarily aliens to the host community, their legal status is not analogous. At the most basic level, there is no doctrinal …

Elections And Government Formation In Iraq: An Analysis Of The Judiciary's Role, Charles P. Trumbull Iv, Julie B. Martin

Vanderbilt Journal of Transnational Law

In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein's authoritarian rule to democratic governance. Among the Constitution's fundamental guarantees are the separation and balance of powers, the selection of Parliament through regular and periodic popular election, and an independent judiciary empowered as the authority on constitutional interpretation. Iraq's commitment to democracy and the Constitution was put to the test five years later with the first parliamentary election under the new Constitution. The run-up to the elections was marred by political disputes, violence, and legal challenges, as Iraqis argued over controversial …