Digital Commons Network^™

The Knight's Code, Not His Lance, Jamie A. Williamson

Case Western Reserve Journal of International Law

No abstract provided.

Carl Schmitt And The Critique Of Lawfare, David Luban

Case Western Reserve Journal of International Law

No abstract provided.

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Public Interest Law Review

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …

Ten Questions On National Security, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This essay was written in response to an invitation by the editors of the William Mitchell Journal of the National Security Forum to answer one or more of ten questions concerning national security law and policy. This essay provides the author's answer to the question: "Would President Obama have the authority to hold a United States citizen without charge in a military brig for six months if that citizen - who lives in Minnesota - is suspected of links to al Qaeda following a one-month trip to Somalia?"

The 2009 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland, G. Dabibi, Gareth Davies

Journal of Digital Forensics, Security and Law

The ever increasing use and reliance upon computers in both the public and private sector has led to enormous numbers of computers being disposed of at the end of their useful life within an organisation. As the cost of computers has dropped, their use in the home has also continued to increase. In most organisations, computers have a relatively short life and are replaced on a regular basis with the result that, if not properly cleansed of data, they are released into the public domain containing data that can be relatively up to date. This problem is exacerbated by the …

Equitable Balancing In The Age Of Statutes, Jared Goldstein

Law Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke

SMU Science and Technology Law Review

No abstract provided.

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an indispensable buffer zone in …

Values In Transition: The Chiricahua Apache From 1886-1914, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Labor Law During Hard Times: Challenges On The 75th Anniversary Of The National Labor Relations Act, Wilma B. Liebman

Hofstra Labor & Employment Law Journal

No abstract provided.

Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott

Pace Law Review

No abstract provided.

Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford

Pace Law Review

No abstract provided.

Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne

Pace Law Review

No abstract provided.

The Founders, Executive Power, And Military Intervention, Christopher A. Preble

Pace Law Review

No abstract provided.

Keynote Address: The Conflicted Trustee Dilemma, Steven L. Schwarcz

NYLS Law Review

No abstract provided.

The Stories We Tell, And Have Told, About Tribal Sovereignty: Legal Fictions At Their Most Pernicious, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Starting with Chief Justice John Marshall and continuing through to the present Supreme Court, the story of Indian sovereignty has been consistent—it exists only in the most diminished form. Some reasons for this have been premised on the incapacity of Indians to self-govern; others on theories of federalism; while still others on the ambitions of non-Indians. However, the factual premises behind the concept of diminished sovereignty are baseless—legal fictions about the conquest of Indians and their nature. These fictions originated in Chief Justice Marshall’s Indian Law Trilogy and should have vanished long ago when their original purposes were fulfilled, like …

Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean Mcgrane

Michigan Law Review

In the days following Hurricane Katrina, as lawlessness and violence spread throughout New Orleans, the White House considered invoking the Insurrection Act so that members of the U.S. military could legally perform law enforcement functions inside the flooded city. This Note contends that the White House's decision not to invoke the Act was substantially driven by federalism concerns-in particular, concerns about intruding on Louisiana's sovereignty. But, this Note further contends, in focusing so heavily on these state sovereignty concerns, the White House largely ignored the other side of the 'federalism coin "-namely, enabling the federal government to act where national …

We've Been Waiting A Long Time - The Struggle To Pass The Filipino Veterans Equity Act And A Bittersweet Ending To A Sixty-Three-Year Battle, Paul Daniel Rivera

UC Law Journal of Race and Economic Justice

On February 17, 2009, President Barack Obama signed into effect the American Recovery and Reinvestment Act of 2009. Buried amidst the hundreds of pages and the billions of dollars given out by the bill was Title X, Section 1002, a diminutive two pages of text authorizing the federal government to give "Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II." However, Section 1002 was neither designed nor included to create jobs or stimulate the economy. In reality, Section 1002 was included to authorize a long-deserved $198 million payout to …

John Brown's Constitution, Robert L. Tsai

Scholarly Articles in Law Reviews & Journals

It will surprise many Americans to learn that before John Brown and his men briefly captured Harper’s Ferry, they authored and ratified a Provisional Constitution. This deliberative act built upon the achievements of the group to establish a Free Kansas, during which time Brown penned an analogue to the Declaration of Independence. These acts of writing, coupled with Brown’s trial tactics after his arrest, cast doubts on claims that the man was a lunatic or on a suicide mission. Instead, they suggest that John Brown aimed to be a radical statesman, one who turned to extreme tactics but nevertheless remained …

A Chance For Redemption: Revising The "Persecutor Bar" And "Material Support Bar" In The Case Of Child Soldiers, Kathryn White

Vanderbilt Journal of Transnational Law

Armed groups in conflicts around the world frequently exploit child soldiers. Despite the unique experience of child soldiers, who are frequently recruited by means of force and deceit, immigration law as it is currently applied may bar former child soldiers from receiving asylum in the United States. In particular, the prevailing agency interpretation of the "persecutor bar" and the "material support bar" equates child soldiers with adults who have committed serious atrocities. This Note argues that the application of these asylum bars to former child soldiers runs against social values and standards of moral culpability in the United States. Child …

Cyber-Apocalypse Now: Securing The Internet Against Cyberterrorism And Using Universal Jurisdiction As A Deterrent, Kelly A. Gable

Vanderbilt Journal of Transnational Law

Cyberterrorism has become one of the most significant threats to the national and international security of the modern state, and cyberattacks are occurring with increased frequency. The Internet not only makes it easier for terrorists to communicate, organize terrorist cells, share information, plan attacks, and recruit others but also is increasingly being used to commit cyberterrorist acts. It is clear that the international community may only ignore cyberterrorism at its peril.

The primary security threat posed by the Internet is caused by an inherent weakness in the TCP/IP Protocol, which is the technology underlying the structure of the Internet and …

Heller As Hubris, And How Mcdonald V. City Of Chicago May Well Change The Constitutional World As We Know It, William G. Merkel

Santa Clara Law Review

No abstract provided.

State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer

Santa Clara Law Review

No abstract provided.

Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke

Vanderbilt Journal of Transnational Law

Civilian-owned and -operated entities will almost certainly be a target in cyberwarfare because cyberattackers are likely to be more focused on undermining the viability of the targeted state than on invading its territory. Cyberattackers will probably target military computer systems, at least to some extent, but in a departure from traditional warfare, they will also target companies that operate aspects of the victim nation's infrastructure. Cyberwarfare, in other words, will penetrate the territorial borders of the attacked state and target high-value civilian businesses. Nation-states will therefore need to integrate the civilian employees of these (and perhaps other) companies into their …

From Kosovo To Catalonia: Separatism And Integration In Europe, Christopher J. Borgen

Faculty Publications

In July 2010 the International Court of Justice rendered its Advisory Opinion on the legality of Kosovo's declaration of independence and the Constitutional Court of Spain rendered an opinion concerning the autonomy of Catalonia. Two very different cases, from very different places, decided by very different courts. Nonetheless, they each provide insights on the issue of separatism in the midst of European integration. Does the Kosovo opinion open the door for other separatist groups? Does the process of European integration increase or undercut separatism? In addressing these questions, this article proceeds in three main parts. Part A briefly recaps the …

African-American Entrepreneurs: Integration, Education, And Exclusion, Cheryl L. Wade

Faculty Publications

(Excerpt)

In this Article, I describe some of the subtle, obscure, and hidden challenges that African-American entrepreneurs face by providing the narratives of three African-American businesspeople. Two of the narratives are about African Americans who started businesses in the first half of the twentieth century. Theirs is a success story. Their businesses thrived. Yet, for a variety of reasons, the success these two entrepreneurs enjoyed would be unlikely today, even with the legislation and policy initiatives enacted in the latter half of the twentieth century and aimed at providing access to opportunities for people of color. The third narrative is …

Negotiating Implementation Of A Peace Agreement: Lessons Learned From Five Years At The Negotiating Table, Amos N. Guiora

Cardozo Journal of Conflict Resolution

For five years (1994-1999), I directly negotiated on-theground implementation of the Oslo Peace Process in the Gaza Strip. In my capacity as the Judge Advocate General's ("JAG") Corps Legal Advisor to the Israel Defense Forces ("IDF") Commander, Gaza Strip (1994-1997), I had primary responsibility for both interpretation and negotiation, first for the Gaza-Jericho Agreement and subsequently for the Interim Agreement as it applied to the Gaza Strip.

Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux

Seattle University Law Review

We analyze Berle’s overall corporate governance project in accordance with what we see as its four core sub-themes: (A) the limitations of external market forces as a constraint on managerial decision-making power; (B) the desirability of internal (corporate) over external (market) actors in allocating corporate capital; (C) civil society and the public consensus as a continuous informal check on managerial decision-making power; and (D) shareholder democracy (as opposed to shareholder primacy or shareholder wealth maximization) as a socially instrumental institution. We seek to debunk the popular misconception that Berle’s early work was a defense of the orthodox shareholder primacy paradigm …

Collective Action Federalism: A General Theory Of Article I, Section 8, Neil S. Siegel, Robert D. Cooter

Faculty Scholarship

The Framers of the United States Constitution wrote Article I, Section 8 in order to address some daunting collective action problems facing the young nation. They especially wanted to protect the states from military warfare by foreigners and from commercial warfare against one another. The states acted individually when they needed to act collectively, and Congress lacked power under the Articles of Confederation to address these problems. Section 8 thus authorized Congress to promote the “general Welfare” of the United States by tackling many collective action problems that the states could not solve on their own.

Subsequent interpretations of Section …