Digital Commons Network^™

The Grease In The Gears: Impunity In The Democratic Republic Of Congo And The Opportunity For Peace, Jake Goodman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Era Of Cyber Warfare: Applying International Humanitarian Law To The 2008 Russian-Georgian Cyber Conflict, Lesley Swanson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Introduction, Wilma B. Liebman

FIU Law Review

No abstract provided.

Rise Of The Drones: Unmanned Systems And The Future Of War, Kenneth Anderson

Legislative Testimony & Comments

This document is written testimony submitted to the Subcommittee on National Security and Foreign Affairs, for a hearing under the general title of "Rise of the Drones: Unmanned Systems and the Future of War." The hearing covered military, strategic, technological, and economic issues related to unmanned aerial vehicles in military, intelligence, and civilian commercial use. This written testimony addressed certain international law and legal policy issues raised by the use of drones as a means of projecting force. It is primarily addressed to the question of the CIA campaign of drone attacks in Pakistan and beyond, rather than the use …

Noah's Curse And Paul's Admonition: Civil Rights, Religious Liberty, Gay Equality, William Eskridge, Jr.

Sibley Lecture Series

"Noah's Curse and Paul's Admonition: Civil Rights, Religious Liberty, Gay Equality" is the title of the University of Georgia School of Law’s 106th Sibley Lecture to be delivered by Yale Law School Garver Professor of Jurisprudence William Eskridge Jr. His presentation will take place March 18 at 3:30 p.m. in classroom A of the School of Law. Admission to the event is free, and all are welcome to attend.

Should equal rights for gay people give way to liberties for religious people? According to Eskridge, a similar question was posed a generation ago – Should equal rights for people of …

Predators Over Pakistan, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

American University, WCL Research Paper No. 2010-06 Abstract: This extended policy/political essay argues that targeted killing, by means of unmanned aerial vehicles such as Predator "drones" and including targeted killing as carried out by the CIA, is both a good policy in combating transnational terrorism and a lawful means of self-defense under international law. Lengthy (for a political magazine, at 8,000 words, but easier to read in this pdf format) and unabashedly polemical, the essay urges the Obama administration's lawyers to step up publicly and articulate their views of the legality of targeted killing, and further argues that they need …

Selman And Kitzmiller And The Imposition Of Darwinian Orthodoxy, Robert J. D'Agostino

Brigham Young University Education and Law Journal

No abstract provided.

Blood Libel: Radical Islam's Conscription Of The Law Of Defamation Into A Legal Jihad Against The West - And How To Stop It, R. Ashby Pate

First Amendment Law Review

No abstract provided.

In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss

Brigham Young University Journal of Public Law

No abstract provided.

Iran, Social Media, And U.S. Trade Sanctions: The First Amendment Implications Of U.S. Foreign Policy, Nadia L. Luhr

First Amendment Law Review

No abstract provided.

Technology's Latest Market Manipulator - High Frequency Trading: The Strategies, Tools, Risks, And Responses, Tara Bhupathi

North Carolina Journal of Law & Technology

No abstract provided.

Cultural Conflict And The Revival Of Class Warfare, June Carbone

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito

Washington and Lee Law Review

No abstract provided.

Shakespeare On Screen: A Window To The Soul Of Law, Paul Raffield

Cardozo Law Review

No abstract provided.

Intelligence And Its Role In Protecting Against Terrorism, Richard J. Hughbank, Don Githens

Journal of Strategic Security

The art and science of gathering critical operational intelligence has been defined in many ways and is beyond our needs for this writing. Throughout the course of history, many wars have been fought depending heavily on various forms of intelligence. During our most recent actions in the War on Terror, intelligence analysis has played a critical role in both offensive and defensive operations in Iraq and Afghanistan. With such varying fact-finding techniques available and utilized in the defense of our country, it has become an arduous task to collect, decipher, package, prioritize, disseminate, and act upon everything that comes down …

Strategic Asymmetric Deception And Its Role In The Current Threat Environment, Seth A. Gulsby

Journal of Strategic Security

President Bill Clinton's Secretary of Defense, William Cohen, once stated that the post-Cold War world of the 1990s was a "paradox [where] American military superiority actually increase[d] the threat of... attack against [the U.S.] by creating incentives for adversaries to challenge us asymmetrically." He was alluding to the fact that the Cold War's closure was supposed to bring about a situation that encouraged peace, nation-building, and unilateral comfort for the United States. The reality that America has come to know is quite different, and some might even argue that, given the option, many people would return to a security situation …

Cyber Warfare And The Crime Of Aggression: The Need For Individual Accountability On Tomorrow’S Battlefield, Jonathan A. Ophardt

Duke Law & Technology Review

As cyberspace matures, the international system faces a new challenge in confronting the use of force. Non-State actors continue to grow in importance, gaining the skill and the expertise necessary to wage asymmetric warfare using non-traditional weaponry that can create devastating real-world consequences. The international legal system must adapt to this battleground and provide workable mechanisms to hold aggressive actors accountable for their actions. The International Criminal Court--the only criminal tribunal in the world with global reach--holds significant promise in addressing this threat. The Assembly of State Parties should construct the definition of aggression to include these emerging challenges. By …

How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Pirates Of Somalia: Opportunistic Predators Or Environmental Prey?, Ranee Kooshie Lal Panjabi

William & Mary Environmental Law and Policy Review

No abstract provided.

Populist Retribution And International Competition In Financial Services Regulation, Adam C. Pritchard

Law & Economics Working Papers

This essay compares the current effort to reform financial services regulation with the regulatory initiatives that come out of the Great Depression. Unlike the 1930s, policymakers today must account for the impact of regulatory competition in crafting responses to the financial crisis. The available evidence suggests that jurisdictional competition is no match for the forces of populist retribution in modern democratic states.

Notes From The World War Ii Redress Trenches: The Disparate Treatment Of Victims East And West, Barry A. Fisher

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Jew Who Met Himmler - And Other Stories, Stanley A. Goldman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Media And Conflict Resolution: A Framework For Analysis, Eytan Gilboa

Marquette Law Review

Despite the critical significance of the roles played by media in conflict and conflict resolution, this area has been relatively neglected by both scholars and practitioners. Most existing studies focus on the often negative contributions of the media to the escalation and violence phases of conflict. Very few studies deal with the actual or potential media contributions to conflict resolution and reconciliation. Indeed, the media, particularly radio and television, were instrumental in fomenting conflict and violence in places such as Rwanda and Bosnia. The Danish cartoon controversy also demonstrates that the media can even cause a violent conflict. Scholars and …

In The Global Village, Can War Survive?, Susan G. Hackley

Marquette Law Review

William L. Ury once asked: "What if fighting, violence, and war were preventable—and we simply didn’t know it? What if we didn’t know it because we had never fully tried to prevent them? What if we had never really tried because we had never really believed prevention to be possible?"

Most people understandably steer clear of violent conflict, only reading about it in their morning newspaper or online, or watching it on the evening news from the safety of their homes. Others, however, choose work that takes them directly into harm’s way. Soldiers, of course, are in a profession that …

Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer

Faculty Scholarship

Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals around …

Extraordinary Justice, David C. Gray

Faculty Scholarship

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice is just a special case of “Ordinary Justice.” Paying special attention to debates about reparations, this article argues that transitional justice is extraordinary, reflecting the source and nature of atrocities perpetrated under an abusive regime, and focused on the challenges and goals that define transitions to democracy. In particular, this Article argues that transitional justice is not profane, preservative, and retrospective, but, rather, Janus-faced, liminal, and transformative. The literature on reparations in transitions is divided between critics who regard reparations as quasi-tort …

The Amended Google Books Settlement Is Still Exclusive, James Grimmelmann

Faculty Scholarship

This brief essay argues that the proposed settlement in the Google Books case, although formally non-exclusive, would have the practical effect of giving Google an exclusive license to a large number of books. The settlement itself does not create mechanisms for Google's competitors to obtain licenses to orphan books and competitors are unlikely to be able to obtain similar settlements of their own. Recent amendments to the settlement do not change this conclusion.

Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish

Richmond Journal of Global Law & Business

No abstract provided.

Responses To The Ten Questions, Jeffrey Kahn

William Mitchell Law Review

No abstract provided.

The Moral And Legal Basis For Sanctions, Anthony D'Amato

Faculty Working Papers

In order to analyze the moral and legal basis for sanctions in international relations, we have to begin at a stage where there is no centralized government in place. We first need to get a picture of the range of possible sanctions. Next, we need to see what role sanctions play in the international system. Finally, we turn to the intertwined moral and legal considerations that make well-designed sanctions efficacious in today's world. The fundamental objective of sanctions in interstate relations is to make it expensive for a target state to refrain from doing what the sanctioning state wants it …