Digital Commons Network^™

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

"This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

Merchants In Shakespeare’S The Merchant Of Venice: A Transactional Analysis, Raj Bhala

The Business, Entrepreneurship & Tax Law Review

Shakespeare’s The Merchant of Venice is a play with multiple merchants engaged in multiple transactions with multiple motives. The key characters – Shylock, Antonio, Bassanio, Portia, Jessica, Lorenzo, Nerissa, Graziano, and the Duke – are involved in one sort of business dealing or another. Indeed, there are 10 specific transactions: one finance transaction; one international trade transaction; one gastronomic transaction; two inheritance transactions; three marriage transactions; and two legal entrepreneurship transactions. In these deals, commerce and love are almost indistinguishable, and justice and mercy clash. Thus, lawyers can analyze the drama from a transactional perspective, and spot issues they encounter, …

Insurance Law And Religious Belief, Chad Marzen

The Business, Entrepreneurship & Tax Law Review

This Article adds to the corpus of academic scholarship in insurance law with an analysis of jurisprudence involving insurance law and religious belief. Outside of the issue of contraception, health insurance and religious exemptions, there are a number of areas where insurance law intersects with religious belief. These areas, examined in this Article, include the admissibility of testimony regarding religious beliefs in liability cases, unemployment compensation and religious belief, the relationship between worker's compensation and religious belief, and whether motor vehicle financial responsibility laws violate the First Amendment.

Patriots Over Profits: Incentivizing Corporate Responsibility In Defense Contracts, Benjamin C. Underwood

Hofstra Law Review

The article delves into the difficulties of overseeing the defense industry, emphasizing the impact of financial interests on both defense contractors and regulators. It sheds light on the revolving door phenomenon between government officials and defense contractors, potentially leading to conflicts of interest. Furthermore, it touches upon the challenges posed by a lack of transparency and enforcement in curbing unethical practices within the defense sector. The text also explores the intricate interplay among wealth, warfare, and the public good in the realm of defense contracting. Proposed solutions include measures such as granting the government unrestricted access to technical data from …

Political Freedom And Economic Constraints: The Political Setting For The Problem Of Twelve, John C. Coates

The University of Chicago Business Law Review

This essay outlines foundations of the current moment facing corporations and politics, which I have characterized as a new “problem of twelve”—that is, the concentration of power in the hands of a small number of index and private equity fund sponsors.1 Through the middle of the twentieth century, public companies dominated the U.S. economy and government. They owed their dominance to having been socially legitimated coming out of the Great Depression, a legitimation built on their affirmative war efforts and on the negative constraints of securities law, progressive taxation, labor unions, and operational regulation. From 1970 on, however, they changed …

A Quantum Of Privacy, Anat Lior

Nevada Law Journal

No abstract provided.

Dissenting Authority, Guyora Binder

Journal Articles

This essay explicates J.B. White’s rhetorical conception of authority as a potentially collaborative achievement and contrasts it with the conception of authority as surrender of judgment prevailing in legal philosophy. On White’s view, authority is not an instrument held and deployed, but is conferred, like respect. This conception of authority illuminates three puzzles concerning the relationship between dissent and legal authority. First, Legal Positivism’s purportedly descriptive account of law insists it must claim an authority to govern independent of justice and assent. Yet law’s language is replete with justice-based appeals for popular assent. White’s reading of the practice of legal …

Lawmaking For Leverage, Rebecca Aviel

North Carolina Law Review

No abstract provided.

The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?, Mona Pinchis-Paulsen, Kamal Saggi, Petros C. Mavroidis

Faculty Scholarship

The GATT security exceptions were practically in hibernation until recently. The recent WTO disputes panel activity concerning such exceptions is characterized by a standard of review that places the accent on ‘when’ action should be taken and not so much on ‘what’ action should be taken. We see two problems with this construction. First, the ‘when’ might be a function of privileged information that those possessing it might be unwilling to divulge in a transparent manner. Second, national security is an amorphous concept, and unless we disaggregate it, it is impossible to pronounce the appropriateness of measures adopted to pursue …

Parameters Autumn 2024, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.

Eisenhower As Supreme Allied Commander: A Reappraisal, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

This article argues that the historical assessment of Dwight D. Eisenhower as Supreme Allied Commander of the Allied Expeditionary Force in World War II lacks objectivity and balance. It identifies several strategic errors and missteps attributable to Eisenhower, which resulted in severe casualties and prolonged the war in Europe. The conclusions can help US military practitioners and policymakers assess the background and qualities required for successful theater command during wartime and senior commanders’ performances.

From The Acting Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.

Exploring Strategy In India, Vinay Kaura

The US Army War College Quarterly: Parameters

This review essay discusses Rajesh Basrur's Subcontinental Drift: Domestic Politics and India’s Foreign Policy and Feroz Hassan Khan's Subcontinent Adrift: Strategic Futures of South Asia and explores Indian strategy, especially concerning domestic issues and the relationship between Pakistan and India. The review concludes by noting that the two books agree on the oversized role of the Pakistani military in India’s national politics, where most security and foreign policy decisions are directed toward Pakistan.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

In A Broken Dream: Lessons From The Rise And Demise Of The Self-Declared Caliphate Of The Islamic State In Syria And Iraq, Tal Mimran

Florida State University Journal of Transnational Law & Policy

No abstract provided.

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

The Attorney’S Guidebook To Handling Un And Oas Visas: Understanding The Us’ Obligation In Igo Visa Issuance, Nicolas Garon

Lincoln Memorial University Law Review Archive

The UN Headquarters Agreement, signed in 1947 between the United States and the United Nations, outlines many obligations for the U.S. as the host nation. Notably, it requires the U.S. Government to facilitate entry into the UN’s Headquarters District, which spans a 25-mile radius from Columbus Circle in New York. Consequently, the C-2 visa was created specifically to permit transit into the UN Headquarters District for qualified duties, without granting access to the rest of the United States.However, there is a significant lack of information and secondary resources on C-2 visas, as well as other visas and procedures for accessing …

The Road To Equity- Have Women Made Adequate Progress?, Renalia Dubose B.S, M.S., Ed. S., J.D.

Lincoln Memorial University Law Review Archive

The United States Department of Education, via The Improving America’s Schools Act of 1994, implemented national standards for measuring student achievement throughout the United States. For the first time, the federal government examined data regarding the progress of all students. The determination of adequate progress caused a national reckoning as the No Child Left Behind movement put the spotlight on data associated with a group of children who were previously hidden from public view, underachieving and underserved students. For the first time, the federal government gave clarity to a previously vague term, adequate progress. Women's rights advocacy has been at …

The General-Law Right To Bear Arms, William Baude, Robert Leider

Notre Dame Law Review

In this Article, we argue that Bruen's intended methodological shift has been widely misunderstood by the bench and bar. This has led to confusion and misapplication in the lower courts, as well as much scholarly criticism of the test that is, we think, misdirected. As we will explain, Bruen calls for a form of legal originalism, applying a classical view of fundamental rights as a form of unwritten customary law. This is consistent with the text and history of the Constitution and leads to results that are less mechanical and more sensible than many lower courts have thought. Understanding …

Elastic Batch And Bellwether Proceedings In Mass Arbitration, Bennett Rogers

Notre Dame Law Review

This Note will first succinctly review the history of aggregative litigation, including the decline of traditional Rule 23 class actions, the proliferation of arbitration agreements, and both the legislative and judicial support for this change. Next, it will examine plaintiffs’ response to the rise of arbitration with the creation of mass arbitration networks and explain why some companies started to move away from arbitration. Then it will consider the defense bar’s response to mass arbitration with batch and bellwether proceedings, examine the current bellwether arbitration cases moving through the courts, and introduce the latest arbitral institution making headways with its …

To Track Or Not To Track: The Privacy Dilemma And The Veil Of Consumer Choice, Amber L. Solberg

Liberty University Law Review

Technology has contributed to rapid yet fundamental changes in the way society functions—but the information revolution is just getting started. Ubiquitous, distributed, and interconnected computational power and massive data storage, coupled with human ingenuity and entrepreneurship, have led to profound impacts on society, changing the way we live, work, and interact with each other. However, these rapid advances have given rise to new legal challenges and upended the balance between the interests of corporations and consumers regarding privacy, ownership of personal data, and fundamental concepts of intellectual property. As multi-billion-dollar corporations thrive by monetizing personal data, existing legal frameworks struggle …

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …

The “Horizontal Separation Of Powers” After National Pork Producers Council V. Ross, Bradley W. Joondeph

San Diego Law Review

The Supreme Court’s decision in National Pork Producers Council v. Ross (NPPC) held that California’s Proposition 12—which forbids the sale of pork in the state derived from pigs born of sows confined “in a cruel manner”—does not violate the dormant Commerce Clause. Specifically, the Court held that the law neither regulates “extraterritorially” (despite the fact that nearly all the pork sold in California is produced in other states) nor imposes an undue burden on interstate commerce. While the Court’s rationale in NPPC was somewhat fractured, the decision nonetheless established some important points. First, a state law’s out-of-state “practical …

Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss

Notre Dame Journal of International & Comparative Law

No abstract provided.

Transforming Grassland Conservation: Challenges And Opportunities Across Law, Policy, And Human Dimensions, Conor D. Barnes

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

Great Plains social-ecological systems are facing growing pressure from complex, ‘wicked’ problems. Addressing these problems will require integrating ecological resilience and complex systems thinking concepts into our legal framework in order to better reflect the changing ecological reality of the Great Plains and promote flexibility and adaptability in the face of that change. In this dissertation, I examine how past and present policy priorities have affected social-ecological systems on the Great Plains, and how ecological resilience and complex systems thinking might be applied to grassland management policy. In Chapter 2, I examine the rapid progress made in the adoption of …

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …

Best Practice Democratic Policing In Papua: Activating Development And Security Through Community Participation, Hery Herjawan, Bambang Shergi Laksmono, Robertus Robet, Muhammmad Luthfi, Vici Sofianna Putera

Masyarakat: Jurnal Sosiologi

The implementation of Democratic Policing across various parts of the world demonstrates the interconnectedness of changes in approaches to addressing security issues. This transformation is a result of a systemic shift from operational and managerial police systems. This research seeks to affirm this argument in the policing practices in Mimika, Papua, highlighting changes in the level of community participation in maintaining public safety and order driven by democratic policing practices in the region. This research employs a qualitative method for both data analysis and data collection. Data collection was conducted through interview techniques, meanwhile data analysis is conducted using case …

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …