Digital Commons Network^™

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Die Wirkliche Gefahr Liegt In Der Erosion Der Autonomie: Ein E-Mail-Interview Über Kognitive Freiheit Und Die Problematische Nutzung Neuronaler Daten, Nita Farahany, James Kennaway, Bernd Bösel

Faculty Scholarship

In this interview, James Kennaway and Bernd Bösel talk to Nita Farahany about significant themes related to the idea of mind control, as discussed in her book "The Battle for Your Brain" (2023). The book outlines the risks that neurotechnology poses to "cognitive freedom". EEG and EMG data are increasingly used in consumer products, raising concerns about potential misuse. Companies and governments could exploit cognitive biometric data for manipulation or control. Farahany calls for clear legal protections and highlights differences between U.S. and European regulations. She warns of neurotechnological warfare and advocates for global bans. While full mind control remains …

International Space Law Under The Trump Administration: Commerce And Security, Melissa (M.J.) Durkee

Scholarship@WashULaw

Early themes of the second Trump administration's orientation toward international space law include military assertiveness, privatization, and nominal diplomatic engagement. These themes carry significant implications for international space law. They pressure longstanding international legal ambiguities, widen existing geopolitical divisions, and raise questions about how public-private interdependence will shape state responsibility and the development of norms in space. This essay was prepared for a special issue of the American Journal of International Law that offers an introduction and overview of the U.S. government's actions across a wide range of international legal issues in the first six months of President Trump's second …

Civilian Harm And Military Legitimacy: Evidence From The Battle Of Mosul, Benjamin Krick, Jonathan Petkun, Mara R. Revkin

Faculty Scholarship

The legitimacy of armed forces in the eyes of civilians is increasingly recognized as crucial not only for battlefield effectiveness but also for conflict resolution and peace building. However, the concept of “military legitimacy” remains under-theorized and its determinants poorly understood. We argue that perceptions of military legitimacy are shaped by two key dimensions of warfare: just cause and just conduct. Leveraging naturally occurring variation during one of the deadliest urban battles in recent history—the multinational campaign to defeat the Islamic State in Mosul, Iraq—we evaluate our theory using a mixed-methods design that combines original survey data, satellite imagery, and …

Fentanyl, Narco-Terrorism, And National Security Politics, J. Richard Broughton

San Diego Law Review

This Article examines the use of a counterterrorism model to attack the fentanyl crisis. Rather than advocate for or against such a model, this Article envisions what employing a counterterrorism model against international drug traffickers would look like. Noting the dimensions of national security politics that intersect with counter-fentanyl policy, this Article will evaluate three distinct counterterrorism approaches: (1) using criminal counterterrorism statutes in federal indictments and prosecutions; (2) designating drug trafficking organizations as Foreign Terrorist Organizations (FTOs); and (3) authorizing the use of military force against Mexican cartels. While the current state of bellicose national security politics can inform …

Bench Stacking And Biases: The Icj’S Partial Decision In Yugoslavia V. Nato Members In Comparative Perspective, Jeffrey S. Bachman

Genocide Studies and Prevention: An International Journal

Since the Genocide Convention was adopted by the General Assembly in 1948, eight cases have been brought to the ICJ by invoking Article IX of the Genocide Convention as a basis of the Court’s jurisdiction. Only two cases have reached their conclusion based on the merits of the case, with others decided during preliminary proceedings, while still others remain ongoing. There have been numerous studies of ICJ impartiality, with particular focus on judges’ voting records, using large amounts of data to discern any trends and biases. This article is the first attempt to comparatively analyze ICJ genocide cases using an …

Beyond Hierarchy: Investigating The Role Of Complex-Fluid Structures In The Accountability Of Criminal Organizations, María Manuela Márquez Velásquez, Rodrigo Moreno

Genocide Studies and Prevention: An International Journal

Globalization and technological development have led to quick transformations in criminal organizations, adapting to new forms/degrees of control and hierarchy. Existing legal frameworks governing responsibility for atrocity crimes have developed from the experiences of Western (center) countries and their understanding of traditional warfare structures. Thus, peripheral regions have been forced to employ doctrines with weak sociological basis. New and conventional local dynamics inside organizations and their consequential fluidity challenge the applicability of traditional modes of liability when seeking their members’ accountability.

This paper inquires about the suitability of two modes of liability under ICL –perpetration through an organization and superior …

Revisiting Territorial Sovereignty: Origins, Legitimacy, And Modern Implications, Henan Hu

San Diego International Law Journal

The conventional linkage between territory and sovereignty in international law requires reevaluation, with territorial rights shifting from states to nations. Drawing on Anthony Smith’s theory of historical continuity between pre-modern ethnic communities and modern nations, this article argues that legitimate claims to territory are grounded in the historical consolidation of social, economic, and political ties by ethnic groups to specific lands. It traces the evolution of territorial rights from loosely defined ethnic living areas and fluid state boundaries to the modern conception of national territories under effective control. By distinguishing sovereignty as a construct of the state and territory as …

A Constitution Of The Earth, To Save Humanity, Luigi Ferrajoli

Buffalo Law Review

Humanity is facing one of the most dramatic moments in its history. There are several global challenges and problems that are not part of the political agenda of national governments, even though their solution is crucial for the survival of humanity.

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

Air Supremacy, The Enabler Of Close Air Support Operations – An Evaluation Of Past, Present, And Future Air Campaigns., Owen Topolnicki

Senior Honors Theses

The achievement of gaining aerial supremacy, or lack thereof, is the hinge upon which Close Air Support (CAS) swings. The attainment of it enables CAS specialist aircraft, not unlike the Ju-87 Stuka or A-10 Thunderbolt II, to be exceptionally effective in their operating environment. While the lack of it, forces aircrews to pioneer new solutions either in the form of multi-role aircraft (capable of self-defense), or other innovative solutions similar to unmanned aerial systems (UAS’s), as aptly seen in the ongoing Russo-Ukrainian conflict. Thus, the ability of an air force to gain air supremacy and to do so quickly, …

Is The Canada Disability Benefits Program Consistent With The Social Model Of Disablement? The Perils And Promises Of Equality Rights Through Income Support Programs, Ravi Malhotra

Osgoode Hall Law Journal

The social model of disablement stands for the proposition that it is structural barriers that impede the lives of people with disabilities. Disabled people should be included in all spheres of life, including employment, through the removal and eradication of barriers. At first glance, the expansion of disability benefits appears to contradict the goal of inclusion of people with disabilities in employment. In this article, I argue that the passage of the Canada Disability Benefit Act is fully consonant with the social model of disability. Using the work of disability rights scholar Marta Russell and the philosopher Cornelius Castoriadis, as …

Tribal Law: It’S Not That Scary, Adam Crepelle

Buffalo Law Review

Tribal law is often presented in a negative light. Indeed, the Supreme Court’s skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law. Tribal laws are often modeled on state codes or the Restatement.

This Article contends tribal law mirrors western law for two primary reasons—efficiency and legitimacy. Regarding efficiency, borrowing a western law is easier than creating a law from scratch; plus, many laws are common across cultures. A …

Protection Of Nuclear Facilities In Warfare Under International Law, Gary Corn, Sean Watts

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Griffin's Case Phenomenon And The Problem Of Historical Knowledge In Legal Arguments, Rachel A. Shelden

William & Mary Bill of Rights Journal

The sudden relevance of a formerly little-known historic case is surely not new; much of legal history is necessarily about discovery and rediscovery of the past. Still, I think the clarity with which we can outline the development of the Griffin’s Case phenomenon offers an opportunity to think carefully about the role of history in constitutional conversation. What follows, then, is a short exploration of the case’s recent (re)entry into our historical consciousness. Tracing this phenomenon highlights (at least for me) some potential difficulties embedded in the interaction between legal advocacy and what we know about the past.

This abstract …

Shared Memories And Constitutional Foundations, Sanford Levinson

William & Mary Bill of Rights Journal

It is significant that the first word in the title of Jack Balkin’s new book [Memory and Authority] is “memory.” A repeated theme of the book is that what binds a nation—or a constitutional order—together is shared memories around which diverse individuals can gather together and therefore establish themselves as a community. Balkin refers to an impressive array of sources with regard to the topic of “public memory,” but I want to concentrate on one of them, which is cited but not extensively discussed. That is Ernest Renan’s famous speech, delivered at the Sorbonne in Paris on March …

French Foreign Policy And Its Tendencies While Approaching International Relations Through Multilateralism, Dipin Subedi

Master's Theses

This paper studies the pattern of French foreign policy with respect to one objective: whether through the means available – namely economic, diplomatic, and military – it adheres to the principle of achieving multilateral goals or not. The multilateral institutions that are used in this study as a ground for comparison are NATO, the E.U., and the U.N. all of whom hold France as their member. Nine different categories with distinct characteristics are created that contain one primary case study. Certain expectations on how France could deal with the nation in a particular case study is gathered through hints contained …

Limitation For Liberty: A Commentary On Federalism And The Tenth Amendment, Riley Banker

Senior Honors Theses

The concept of Federalism is essential to the very survival of the United States. However, recent decisions by the Supreme Court have illustrated attempts by the federal government to expand its authority and undermine the balance of power created by Federalism. This thesis will explore the concept of Federalism to demonstrate how it can best be protected. First, this thesis will address the origins of Federalism. Second, it will show how the principles of Federalism are manifested within the founding documents of the United States. Finally, this thesis will analyze current events including Supreme Court cases to demonstrate a concerning …

Follow The Bloody Brick Road: Bleeding Kansas And The Emancipation Proclamation, Margaret Hu

William & Mary Bill of Rights Journal

To help illuminate Balkin’s project of Memory and Authority, this brief Essay considers a slice of American memory from Kansas’ historical archives and other primary sources, and examines its unique role in the Civil War. Specifically, it excavates the influence of Kansas’ leaders as advisors to President Abraham Lincoln. Prior to and during the Civil War, Lincoln relied upon the guidance of senior leaders from Kansas on matters ranging from guarding the White House, war strategies, the recruitment of former enslaved persons to the war effort, and the issuance of the Emancipation Proclamation as a part of an effective …

Ai Regulation Has Its Own Alignment Problem: The Technical And Institutional Feasibility Of Disclosure, Registration, Licensing, And Auditing, Neel Guha, Christie M. Lawrence, Lindsey A. Gailmard, Kit T. Rodolfa, Faiz Surani, Rishi Bommasani, Inioluwa Deborah Raji, Mariano-Florentino Cuéllar, Colleen Honigsberg, Percy Liang, Daniel E. Ho

Faculty Scholarship

Calls for regulating artificial intelligence (“AI”) are widespread, but there remains little consensus on both the specific harms that regulation can and should address and the appropriate regulatory actions to take. Computer scientists propose technical solutions that may be infeasible or illegal; lawyers propose regulation that may be technically impossible; and commentators propose policies that may backfire. AI regulation, in that sense, has its own alignment problem, in which proposed interventions are often misaligned with societal values.This Article assesses the alignment and technical and institutional feasibility of four dominant proposals for AI regulation in the United States: disclosure, registration, licensing, …

Disputing Personal Data In The Eu-China Comprehensive Agreement On Investment, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This chapter analyses the emerging data realms in China and the European Union against the backdrop of the Comprehensive Agreement on Investment (CAI). It examines the link between data protection and investment flows and undertakes a comparative analysis of the PIPL and GDPR. Moreover, this chapter will also analyse the Digital Silk Road in promoting China’s model of data sovereignty. While early trade and investment agreements did not consider data relevant for the regulation of cross-border commerce, modern treaties are increasingly cognisant of rules for data protection. As such, the data-related provisions of the CAI will be placed in the …

Make America Healthy: Reducing High Pharmaceutical Prices Without Reducing Innovation, Srividhya Ragavan

Faculty Scholarship

Cost of medication in the United States has historically remained one of the highest in the world. The conundrum that the United States has faced in balancing innovation with affordability of life-saving medications is palpable, especially when faced with the reality of patent monopolies conflicting with healthcare obligations. The result is an overflow of issues, which emphasize the need to delineate limits on innovation to balance pharmaceutical novelty with robust public health within the United States. This has increasingly shifted the focus of patent law into the realm of healthcare issues. Naturally, it leads to an inquiry about how best …

Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …

Gwayak Ateg Onaakonigewi Dibenjigewin: Decolonizing Jurisdiction In Anishinaabe Tribal Courts, Kekek Jason Stark

Faculty Law Review Articles

It is generally understood as a matter of federal Indian law that determinations of tribal law should properly be interpreted by tribal courts. This is because tribal courts do not always adhere to the same legal philosophy as their settler colonial counterparts. Many tribal courts subscribe to traditional law, which is an “essential source” of tribal jurisprudence. Anishinaabe communities have maintained a rich body of traditional tribal law since time immemorial. However, these customary law principles are only recently being included in modern day Anishinaabe tribal court determinations. This article builds upon the Anishinaabe law principles articulated in recent opinions …

Korea: The Enduring Policy Blindspot, Justin Malzac, Rene A. Mahomed

The US Army War College Quarterly: Parameters

The threat posed by the Democratic People’s Republic of Korea is a neglected and under prioritized problem across the US government, requiring a dramatic change of approach. Most proposals for Goldwater-Nichols reform focus on geography, either increasing or decreasing the number of geographic commands. Based on our personal experience as Joint military planners at strategic-level headquarters, we argue that the change needs to go further, focusing on global national security problems instead of geography. This article’s analysis and conclusions will provoke conversation across the national security enterprise about how the United States competes with multiple global threats.

Parameters Winter 2024-25, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2024–25 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific, Security Cooperation, and Historical Studies), and the regular Civil-Military Relations Corner installment.

The American Way Of Studying War: What Is It Good For?, Michael P. Ferguson

The US Army War College Quarterly: Parameters

Academic military historians, government institutions, and defense practitioners have unique purposes for advancing the study of war that influence the way they consume and produce history. Although there is substantial scholarship covering how the discipline of military history has changed since the late nineteenth century, the literature surrounding why it changes and how it is used is less plentiful. Using primary and secondary sources to contextualize debates between historians, this study traces major developments in military historiography, considers the US Army’s relationship with its history, and explores potential connections between a history’s purpose and its use for military professionals.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Integrating Humanities Into Cybersecurity Education: Enhancing Ethical, Historical, And Sociopolitical Understanding In Technical Training, Joseph Frusci

Journal of Cybersecurity Education, Research and Practice

The increasing complexity of cybersecurity challenges necessitates a holistic educational approach that integrates both technical skills and humanistic perspectives. This article examines the importance of infusing humanities disciplines such as history, ethics, political science, sociology, law, and anthropology—into cybersecurity education. Through a pilot course developed for Staten Island Technical High School, aligned with the New York State K-12 Computer Science and Digital Fluency Standards, students were introduced to an interdisciplinary curriculum that combined technical cybersecurity training with historical analysis, ethical reasoning, and sociopolitical context. The results of pre- and post-course assessments demonstrated significant improvements in critical thinking, ethical decision-making, and …

Arrest The President, Hypothetically, Leo Lombardi

Cardozo International & Comparative Law Review (CICLR) Blog

By what authority does one dare direct that famous phrase, “j’accuse!” at the state’s supreme executor of law? Is there a mechanism, through which a citizen can hold a national government to account? Can the citizen's arrest serve as a symbolic insistence that international humanitarian law be enforced? International humanitarian law is coming to be defined by the dereliction of duty. Where a rules-based international order once stood as a lofty ideal, the reality of a nuclear-armed world now looms over the field’s failures.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, …