Digital Commons Network^™

At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner

Journal of Criminal Law and Criminology

No abstract provided.

Kelo V. City Of New London: New Jersey's Take On Takings, Hon. Peter G. Sheridan

Seton Hall Law Review

No abstract provided.

The Subtlety Of State Action In Privatized Child Welfare Services., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

Global Citizenship, Kwame Anthony Appiah

Fordham Law Review

No abstract provided.

Enemy Combatants In The War On Terror And The Implications For The U.S. Armed Forces, Michael Petrusic

North Carolina Law Review

No abstract provided.

Law, Authority, And Gender In Post-Revolutionary Iran, Louise Halper

Buffalo Law Review

No abstract provided.

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

A Tribute To Roger D. Groot

Washington and Lee Law Review

No abstract provided.

Breaking The Silence: Rape As An International Crime, Mark Ellis

Case Western Reserve Journal of International Law

No abstract provided.

Biosecurity Under The Rule Of Law, Lawrence O. Gostin, David P. Fidler

Case Western Reserve Journal of International Law

No abstract provided.

Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.

Boxed In - Semantic Indifference To Atrocity, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.

Maine Law Magazine - Issue No. 86, University Of Maine School Of Law

Maine Law Magazine

Contents

• News Briefs
• Feature: Life, Work, Balance
• Feature: Bankruptcy
• Around Campus
• Faculty Notes
• Giving Back
• Alumni Feature

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash

St. Mary's Law Journal

In Hamdan v. Rumsfeld, the United States Supreme Court held the military commission convened to try accused terrorist Salim Ahmen Hamdan was unlawful. The Court concluded the Government could not lawfully proceed using established commission rules because the commission differed from courts-martial and did not follow certain aspects of the Geneva Convention. One procedure the Court found troubling was a provision in the Military Commission Order No. 1 which allowed the exclusion of the defendant and his civilian counsel from certain proceedings. Yet, denial of access was nothing new, as three decades prior Congress enacted the Classified Information Procedures Act …

Legal Analysis Of The 2006 U.N. Security Council Resolutions Against North Korea's Wmd Development, Eric Yong-Joong Lee

Fordham International Law Journal

In Part I, the author will clarify the facts regarding the evolution of the incidents and the adoption of the resultant resolutions. In Part II, the author will analyze the legal questions regarding the two resolutions. Part II will first examine the legality of the missile launch on the basis of Security Council Resolution 1540, customary international law and the Chicago Convention on International Civil Aviation. Second, Part II will examine Resolution 1695's terminology by comparing it to previous resolutions. Third, it will discuss the sanctions based on national legal authorities and legislations. Fourth, Part II will examine international law …

Information Governance: A Model For Security In Medical Practice, Patricia A. Williams

Journal of Digital Forensics, Security and Law

Information governance is becoming an important aspect of organisational accountability. In consideration that information is an integral asset of most organisations, the protection of this asset will increasingly rely on organisational capabilities in security. In the medical arena this information is primarily sensitive patient-based information. Previous research has shown that application of security measures is a low priority for primary care medical practice and that awareness of the risks are seriously underestimated. Consequently, information security governance will be a key issue for medical practice in the future. Information security governance is a relatively new term and there is little existing …

Book Review: Conquest In Cyberspace: National Security And Information Warfare, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This is the Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn Dardick ([email protected]).

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Journal of Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

A Paper Tiger With Bite: A Defense Of The War Powers Resolution, Michael B. Weiner

Vanderbilt Journal of Transnational Law

The War Powers Resolution (WPR) has led a beleaguered existence. Since its enactment in 1973, it has been labeled ineffectual and useless. This Note proves, however, that to review presidential unilateral uses of force since 1973 is to find a spirit of compliance with the WPR, as these uses of force have been characterized by their brevity and their lack of spilled U.S.blood. While minor departures from the WPR's black-letter requirements are conceded, none of these uses of force have developed into, or even resembled, Vietnam-esque quagmires. As a result, this Note contends that the WPR has had a positive …

Suing Islam: Tort, Terrorism, And The House Of Saud, Don Garner, Robert L. Mcfarland

Oklahoma Law Review

No abstract provided.

The Dakota Conflict Trials, Douglas O. Linder

Faculty Works

The causes of the Dakota Conflict are many and complex. The treaties of 1851 and 1858 contributed to tensions by undermining the Dakota culture and the power of chieftains, concentrating malcontents, and leading to a corrupt system of Indian agents and traders. Annuity payments reduced the once proud Dakota to the status of dependents. Annuity payments for the Dakota were late in the summer of 1862. On Sunday, August 17, four Dakota from a breakaway band of young malcontents were on a hunting trip when they came across some eggs in a hen's nest along the fence line of a …

Protecting Public Health From Outside The Physician's Office: A Century Of Fda Regulation From Drug Safety Labeling To Off-Label Drug Promotion, Katherine A. Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Solidarity And Betrayal In The North Woods: A Review Of Strike! By Julius Getman, Cynthia Estlund

Hofstra Labor & Employment Law Journal

No abstract provided.

The Brac Act, The State Militia Charade, And The Disregard Of Original Intent, Nathan Zezula

Pace Law Review

No abstract provided.

Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

Scandals Great And Small, John Steele

Hofstra Law Review

No abstract provided.

Fifty Years Of European Integration: A Remarkable Achievement, Desmond Dinan

Fordham International Law Journal

The following sections outline four main phases in the history of European integration. First, this Article examines the decisive contribution that European integration made in the immediate postwar years to solving the German question and achieving Franco-German rapprochement. Second, it looks at the steps taken in the mid-1950s to launch the broader European Economic Community (“EEC”). The next section explains the difficulties encountered in completing the single market, which were eventually overcome in the late 1980s. The mixed record of the EU, launched in 1993 following ratification of the Treaty on European Union ("Maastricht Treaty"), is then examined. The final …

Attaining Optimal Deterrence At Sea: A Legal And Strategic Theory For Naval Anti-Piracy Operations, Michael Bahar

Vanderbilt Journal of Transnational Law

On January 21, 2006, a guided missile destroyer accomplished the U.S. Navy's first capture of suspected pirates in recent memory. As the Staff Judge Advocate for the NASSAU Strike Group, the Author advised the seizure, led the onboard investigation, oversaw the shipboard detentions, and testified at the trial in Kenya.

Drawing upon this experience, the Author constructs a comprehensive legal and strategic theory for piracy, defining the legal status of pirates and deriving the due process rights that should be afforded them.

The Article also analyzes the evolution of customary and positive international law to demonstrate that, contrary to conventional …

Shaping The Energy Future In The American West: Can California Curb Greenhouse Gas Emissions From Out-Of-State, Coal-Fired Power Plants Without Violating The Dormant Commerce Clause?, Particia Weisselberg

University of San Francisco Law Review

The Comment highlights California's attempt to curb its use of conventional coal-fired power through an innovative law known as the Greenhouse Gas Emissions Performance Standard Act, which forbids California utilities from making long-term financial investments or procurement contracts with power plants whose GHG emissions exceed the performance standard. This Comments also examines how this innovative law may run afoul of the Dormant Commerce Clause of the U.S. Constitution.

Due Process Rights And Terrorist Emergencies, James W. Nickel

Articles

This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …