Digital Commons Network^™

An Unanswered Question In Kennedy V. Louisiana: How Should The Supreme Court Determine The Constitutionality Of The Death Penalty For Espionage?, Sarah Frances Cable

Louisiana Law Review

No abstract provided.

The Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin J. Effron

William & Mary Law Review

Two recent Supreme Court cases have stirred the world of pleading civil litigation. Bell Atlantic Corp. v. Twombly introduced the concept of “plausibility pleading” in which the plaintiff is required to plead facts sufficient to suggest that the claim for relief is “plausible,” and Ashcroft v. Iqbal affirmed that the plausibility standard applies to all aspects of a complaint subject to Rule 8(a) of the Federal Rules of Civil Procedure. This Article examines the consequences of the plausibility standard for pleadings in complex litigation cases. The Article argues that it is unacceptable to automatically equate the existence of a class …

Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron

Faculty Scholarship

No abstract provided.

Hirabayashi And The Invasion Evasion, Eric L. Muller

North Carolina Law Review

No abstract provided.

The Untouchables: Private Military Contractors' Criminal Accountability Under The Ucmj, Katherin J. Chapman

Vanderbilt Law Review

September 16, 2007 has been called Baghdad's "Bloody Sunday."' On that scorching afternoon in Baghdad, Iraq, a team of Blackwater Worldwide private military contractors slew seventeen Iraqi civilianS and wounded twenty-seven others. A Blackwater spokesperson claimed that the civilian contractors reacted in response to an attack by enemy combatants and "heroically defended American lives." Despite such claims, U.S. soldiers who arrived at the scene within twenty-five minutes found no evidence of enemy activity and characterized the event as criminal. Despite such evidence and notwithstanding four potential sources of criminal law-international law, host-nation law, U.S. civilian law, and U.S. military law-these …

Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz

Faculty Publications

No abstract provided.

U.S. Response To Terrorism: A Strategic Analysis Of The Afghanistan Campaign, Valentina Taddeo

Journal of Strategic Security

This article examines the U.S. response to global terrorism and its campaign in Afghanistan from 2001 to today. The aim of this article is first to understand the fallacies, missteps, and misunderstandings of the U.S. approach in Afghanistan. Second, the analysis evaluates the lessons learnt and some possible strategies for achieving long-term stability and security in Afghanistan. In particular, the analysis focuses on the different strategies adopted by the United States and their achievements. Despite a first victory over the Taliban regime, the initial approach was focused on the enemy only and it lacked long-term planning, paving the way to …

North Korea And Support To Terrorism: An Evolving History, Bruce E. Bechtol, Jr.

Journal of Strategic Security

The DPRK's (Democratic People's Republic of Korea or North Korea) support for terrorism began as an ideologically-based policy financed by the Soviet Union that eventually led to a policy designed to put money into the coffers of the elite in Pyongyang—in short, a "proliferation for hire" policy. This article articulates a brief history of the North Korean regime, the rise to power of Kim Il-sung and his son, Kim Jong-il, and North Korea's persistent support to terrorist groups around the globe.

The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves

Journal of Strategic Security

Effective national leaders throughout history have deliberately developed grand strategies and successfully implemented them to attain their political goals, while also integrating and accomplishing economic, social, defense, and sometimes religious objectives. Not all leaders have been successful, however, as this process is immensely complex and can be adversely affected by the actions of other leaders around their region and the world. It bears examination, then, to determine what factors contribute to successful grand strategies and why many leaders fail to reach their stated ends. This article utilizes a historic case study approach and explores three key areas of grand strategy: …

Die Geschichte Meiner Familie, Rachel Marie Rose

Undergraduate University Honors Capstones

This capstone explores the history of Nazi Germany and how its policies affected a culturally Deaf German family, the Riemanns. The final product included a documentary film.

Drones Ii, Kenneth Anderson

Legislative Testimony & Comments

U.S. House of Representatives Committee on Oversight and Government Reform, Subcommittee on National Security and Foreign Affairs, 2nd Hearing on Drone Warfare American University WCL Research Paper 2011-26 Abstract: Following an initial hearing on unmanned aerial vehicles (UAVs) and drone warfare by the House Subcommittee on National Security and Foreign Affairs on March 23, 2010, the Subcommittee held a second hearing, Drones II, focusing specifically on the legal issues raised by drone warfare and targeted killing. The witnesses represented a wide range of legal positions on the question of drones, the use of force, armed conflict, and the roles of …

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

International & Comparative Law Perspectives: Spring 2010, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

Mandatory Labor Arbitration Of Statutory Claims, And The Future Of Fair Employment: 14 Penn Plaza V. Pyett, David L. Gregory, Edward Mcnamara

Cornell Journal of Law and Public Policy

No abstract provided.

Reconsidering Reprisals, Michael A. Newton

Duke Journal of Comparative & International Law

No abstract provided.

From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon M. Stump

West Virginia Law Review

No abstract provided.

The Collateral Consequences Of Masculinizing Violence, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity – a dominant form of masculinity whereby some types of men have power over women and over some other men – can directly cause violence against women and reveals both the underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …

The Truth Behind Gitmo, Scott Horton

Pace International Law Review Online Companion

No abstract provided.

Do Drones Have A Silver Lining?, David Akerson

Human Rights & Human Welfare

Michael Abramowitz and Lawrence Woocher’s article, “How Genocide Became a National Security Threat,” flags an important milestone in American foreign policy, namely that mass atrocities might now be appropriately viewed as the national security threats that they are. The problem with translating this policy development into action is the next and not insignificant challenge. Aerial drones may be key to overcoming it.

Beyond Rules, Larry A. Dimatteo, Samuel Flaks

UF Law Faculty Publications

Our article, in contrast to the predominant scholarly view, contends that the influential Legal Realist Movement of the 1930s was actually two movements—radical legal realism and conservative legal realism (CLR). CLR is best understood through the works of Nathan Isaacs. This article will investigate the legitimacy and determinacy of the legal order through the lens of CLR as represented by Isaacs.

Isaacs and CLR are especially worthy subjects for study given the current economic crisis. It is a crisis, much like the Great Depression, that has spurred many people to question core capitalistic premises, such as the superiority of minimal …

The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams

William & Mary Journal of Race, Gender, and Social Justice

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity — a dominant form of masculinity whereby some types of men have power over women and over some other men — can directly cause violence against women and reveals both an underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …

Regulating Resource Curses: Institutional Design And Evolution Of The Blood Diamond Regime, Lesley Wexler

Cardozo Law Review

The opening and expansion of global markets creates and exacerbates resource curses, or the phenomenon in which natural resource abundance creates governance problems. Yet international legal scholarship has been slow to recognize the relationship between freer trade and the financing of internal conflicts. While legal academics have long debated the role of law in addressing conflict generally, few have systematically addressed the intersection of trade regulation and the prevention or abatement of internal conflict. This Article looks closely at a recent regulatory effort to address the global trade in "blood diamonds," which are a particularly destructive example of a resource …

The Legal Battle To Define The Law On Transnational Asymmetric Warfare, Eyal Benvenisti

Duke Journal of Comparative & International Law

No abstract provided.

Reading The Judicial Mind: Predicting The Courts' Reaction To The Use Of Neuroscientific Evidence For Lie Detection, Jennifer Chandler

Dalhousie Law Journal

How will the courts react to the emerging technology ofdetecting deception using neuroscientific methods such as neuro-imaging? The sociological theory of the autonomy of technology suggests that if neuroscientific techniques come to be seen as reliable for this purpose, other objections will soon be abandoned. The history of the judicial reaction to DNA evidence illustrates this pattern. As DNA evidence came to be seen as highlyreliable, the courts rapidly abandoned their concerns that juries would be overwhelmed by the "mystique of science" and that the justice system would be "dehumanized." The legaljustifications for rejecting polygraph evidence are explored in order …

Prevalence, Societal Causes, And Trends In Corporal Punishment By Parents In World Perspective, Murray A. Straus

Law and Contemporary Problems

No abstract provided.

The Torture Lawyers, Michael P. Scharf

Duke Journal of Comparative & International Law

No abstract provided.

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Duke Journal of Comparative & International Law

No abstract provided.

Challenges Of Twenty-First Century Conflicts: A Look At Direct Participation In Hostilities, Jamie A. Williamson

Duke Journal of Comparative & International Law

No abstract provided.

Reconsidering Reprisals, Michael A. Newton

Vanderbilt Law School Faculty Publications

The prohibition on the use of reprisals is widely regarded as one of the most sacrosanct statements of the jus in bello applicable to the conduct of modern hostilities. The textual formulations are stark and subject to no derogations. Supporters of the bright line ban describe it as a vital bulwark against barbarity. In the words of the International Committee of the Red Cross, the prohibition is absolute, despite the fact that the declarations of key states indicate residual ambiguity over the scope of permissible reprisals, particularly in the context of non-international armed conflicts. Reprisals are a recurring feature of …

National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney

Osgoode Hall Law Journal

The communications surveillance powers granted to Canada's national security agencies have rarely resulted in prosecution and, as a result, have been subject to very little judicial, academic, or public scrutiny. However, as the state increasingly seeks to prosecute alleged terrorists, courts will have to interpret the scope of these powers and decide whether they violate section 8 of the Canadian Charter of Rights and Freedoms (the Charter). A review of the powers granted to police, the Canadian Security Intelligence Service (CSIS), and the Communications Security Establishment Canada (CSEC) reveals two constitutional infirmities: allowing police to conduct communications surveillance in terrorism …