Digital Commons Network^™

The Corruption Of Civilizations, Timothy K. Kuhner

Faculty Publications By Year

No abstract provided.

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.

Brown V. United States, The Paquete Habana, And The Executive, Michelle Akerman

UC Law Journal

During the course of the War on Terrorism, members of the executive have drawn upon a variety of sources, including nineteenth and twentieth century wartime cases, to support expansive executive authority, including the authority to violate customary international law. This Note examines one of the nineteenth century wartime cases relied upon by the executive, Brown v. United States, and argues that the executive's reliance on this particular case is misplaced. Not only does Brown date back to an era when the Executive enjoyed far less power in international and military matters, contemporary members of the executive have relied upon a …

Social Life And Civic Education In The Rio De Janeiro City Jail, Amy Chazkel

Studio for Law and Culture

In the six weeks from mid-July to early September 1912, about a third of the 389 men whom guards escorted through the front doors of the Rio de Janeiro city jail had been arrested for vagrancy, or in Portuguese vadiagem, an infraction whose etymological connection to the word “vague” is not a coincidence. These men remained in detention for between five days and over a year, accused by arresting police officers of having committed the crime of doing nothing. As they awaited trial or, for the least fortunate, transportation to an offshore penal colony, they shared the crowded space …

Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara

Richmond Journal of Law & Technology

A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.

Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Opinionated Software, Meiring De Villiers

Vanderbilt Journal of Entertainment & Technology Law

Information security is an important and urgent priority in the computer systems of corporations, governments, and private users. Malevolent software, such as computer viruses and worms, constantly threatens the confidentiality, integrity, and availability of digital information. Virus detection software announces the presence of a virus in a program by issuing a virus alert. A virus alert presents two conflicting legal issues. A virus alert, as a statement on an issue of great public concern, merits protection under the First Amendment. The reputational interest of a plaintiff disparaged by a virus alert, on the other hand, merits protection under the law …

The Felony Murder Rule In Illinois: The Injustice Of The Proximate Cause Theory Explored Via Research In Cognitive Psychology, Martin Lijtmaer

Journal of Criminal Law and Criminology

No abstract provided.

The New Wars And The Crisis Of Compliance With The Law Of Armed Conflict By Non-State Actors, M. Cherif Bassiouni

Journal of Criminal Law and Criminology

No abstract provided.

State Policy As An Element Of International Crimes, William A. Schabas

Journal of Criminal Law and Criminology

No abstract provided.

When Human Experimentation Is Criminal , L. Song Richardson

Journal of Criminal Law and Criminology

No abstract provided.

2008 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 20

An Interview with Max Frankel, page 26

Going Global: Legal Lessons on Location, page 31

With J.D.s in Hand Alumni Pursue Something Different, page 38

Alumni News, page 48

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules …

Enterprise-Wide Risk Management And Corporate Governance., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Torture And The Biopolitics Of Race, Dorothy Roberts

University of Miami Law Review

No abstract provided.

The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham

University of Miami Law Review

No abstract provided.

Civil War In The U.S. Foreign Relations Law: A Dress Rehearsal For Modern Transformations, The The Use And Misuse Of History In U.S. Foreign Relations Law, Thomas H. Lee

Faculty Scholarship

The first of the four U.S. foreign relations law insights of the Prize Cases that this Article will discuss is the notion that international law provides a basis for the President's exercise of military force in a manner neither specifically enumerated in the Constitution nor preauthorized by congressional enactments. The specific military action was the proclamation of a naval blockade that applied not only to active Confederate belligerents but also to loyal U.S. citizens residing in seceding or soon-to-secede states and to foreign neutral citizens. The second insight is the notion that federal constitutional law protections for U.S. citizens, such …

The Valladolid Controversy Revisited: Looking Back At The Sixteenth-Century Debate On Native Americans While Facing The Current Status Of Human Embryos , Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Rethinking Treaty Interpretation, Scott M. Sullivan

Journal Articles

No abstract provided.

Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero Ii

Scholarly Works

No abstract provided.

From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman

Articles & Chapters

No abstract provided.

Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton

St. Mary's Law Journal

Abstract Forthcoming.

Religious Extremism And International Legal Norms: Perfidy, Preemption, And Irrationality, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.

Psychological, Theological, And Thanatological Aspects Of Suicidal Terrorism, J. S. Piven

Case Western Reserve Journal of International Law

No abstract provided.

Terror In The Name Of Islam - Unholy War, Not Jihad, Parvez Ahmed

Case Western Reserve Journal of International Law

No abstract provided.

Cyber Embargo: Countering The Internet Jihad, Gregory S. Mcneal

Case Western Reserve Journal of International Law

No abstract provided.

U.S. Security Strategy: Empowering Kim Jong-Il, Eric Schwartz

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Who Is Reading The Data On Your Old Computer?, Vivienne Mee

Journal of Digital Forensics, Security and Law

Researchers at Rits Information Security performed a study in how the Irish population disposes of their old computers. How would you dispose of your old computer, or how would the company you work for dispose of their old computers?

The majority of Irish homeowners, would bring their old computers to local civic amenity centres, give it away to a relative or sell it on to another party.

Some organisations would give their old equipment to a staff member, as a gift gesture, others may simply discard in the local civic amenity site.

What is wrong with the methods currently being …

Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt

Journal of Digital Forensics, Security and Law

Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.