Digital Commons Network^™

Malware Type Recognition And Cyber Situational Awareness, Thomas E. Dube, Richard A. Raines, Gilbert L. Peterson, Kenneth W. Bauer, Michael R. Grimaila, Steven K. Rogers

Faculty Publications

Current technologies for computer network and host defense do not provide suitable information to support strategic and tactical decision making processes. Although pattern-based malware detection is an active research area, the additional context of the type of malware can improve cyber situational awareness. This additional context is an indicator of threat capability thus allowing organizations to assess information losses and focus response actions appropriately. Malware Type Recognition (MaTR) is a research initiative extending detection technologies to provide the additional context of malware types using only static heuristics. Test results with MaTR demonstrate over a 99% accurate detection rate and 59% …

Defining International Terrorism: Historical Reality And The African Experience, Kwame B. Antwi-Boasiako

Faculty Publications

Violence is terror and terror is violence. Liberators, freedom fighters, revolutionaries and terrorists have all become labels of convenience. Terrorism, historically, has been institutionalized by some governments to their advantage. Academicians and politicians fail to agree on the issues surrounding terrorism hence defining terrorism has become an academic puzzle. The ambiguity in its definition has also contributed to lack of any universal comprehensive acceptable theory. The literature on terrorism by and large accused weaker nations of supporting terrorism. This paper argues otherwise by using the African experience, slavery and colonization, to question the literature on terrorism. Nations throughout history have …

Fluorescent Chemosensors For Toxic Organophosphorus Pesticides: A Review, Sherine O. Obare, Chandrima De, Wen Guo, Tajay L. Haywood, Tova A. Samuels, Clara P. Adams, Noah O. Masika, Desmond H. Murray, Ginger A. Anderson, Keith Campbell, Kenneth Fletcher

Faculty Publications

Many organophosphorus (OP) based compounds are highly toxic and powerful inhibitors of cholinesterases that generate serious environmental and human health concerns. Organothiophosphates with a thiophosphoryl (P=S) functional group constitute a broad class of these widely used pesticides. They are related to the more reactive phosphoryl (P=O) organophosphates, which include very lethal nerve agents and chemical warfare agents, such as, VX, Soman and Sarin. Unfortunately, widespread and frequent commercial use of OP-based compounds in agricultural lands has resulted in their presence as residues in crops, livestock, and poultry products and also led to their migration into aquifers. Thus, the design of …

War Paths, Peace Paths: An Archaeology Of Cooperation And Conflict In Native Eastern North America, By David H. Dye, Charles R. Cobb

Faculty Publications

A review of War Paths, Peace Paths: an Archaeology of Cooperation and Conflict in Native Eastern North America, by David H. Dye.

Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Cyber This, Cyber That...So What?, Eric D. Trias, Bryan Bell

Faculty Publications

This article endorses the idea that cyber operations may be conducted in all war-fighting domains: air, space, cyberspace, land, and sea. In addition, despite the immaturity of cyberspace operational doctrines, the doctrines from air and space remain relevant and applicable to the cyberspace domain. Cyber operations are just another set of tools in the commander's toolbox. Although cyber operations have distinct ways of achieving effects, from an Air Force perspective they are similar too the air and space operations that support air and space (and cyberspace) functions. Known and established cyber operations provide war fighters with viable options to kinetic …

The Battle Of Murten: The Invasion Of Charles The Bold And The Survival Of The Swiss States, Albert Winkler

Faculty Publications

When Charles the Bold of Burgundy tried to create a new kingdom between France and the German Empire, he decided to conquer the Swiss states. His aggression started the Burgundian Wars from 1474 to 1477. Charles besieged the fortress of Grandson early in 1476. When the Swiss garrison surrendered, Charles had all four hundred of the defenders hanged. In the Battle of Grandson, the Swiss drove the Burgundian Army away, but Charles soon invaded again. This time he besieged the fortress of Murten, and the Swiss rallied all their forces to attack him. In the subsequent battle, the Swiss infantry …

Science And Religion In Western History: Models And Relationships, Alan Padgett

Faculty Publications

No abstract provided.

Pakistan’S Nuclear Weapons Program And Implications For Us National Security., Michael Tkacik

Faculty Publications

This article analyzes Pakistan’s nuclear weapons program and the characteristics of the environment in which the program is nested. These characteristics include Pakistan’s history of internal and external instability; nuclear saber rattling during crises; support for Islamic terrorism in order to advance state goals; indigenous production of many elements of its nuclear forces; possession of delivery and command and control systems with destabilizing characteristics; and finally, nuclear doctrine that appears to advocate first use of nuclear weapons. The article argues that the characteristics of Pakistan’s nuclear weapons program generate threats to US national security interests. The article examines six interrelated …

Military Innovation In Russia And Japan During The Interwar Years: A Relevant Case Study In Strategic Analysis, Leonard Lira

Faculty Publications

This article looks at military innovation through a political, social, and economic lens. Contrasting Japan and Russia in the interwar years as case study, it demonstrates the importance of political, social, and economic variables as the critical determinants. This begs the question of how these factors affect U.S. military innovation in the coming years.

The Torture Lawyers, Michael P. Scharf

Faculty Publications

This article recounts the story about how these four individuals intentionally cut off the government's primary experts on the Geneva Conventions, the Torture Convention, and customary international law from the decision making process. In doing so, they presented a one-sided and distorted view of U.S. obligations under international law that led to a widespread government policy and practice of torture. It also reveals how a trio of important Supreme Court precedents disrupted these plans, and ultimately swung the balance back in favor of compliance with international law.

Truant Teaching: A Conversation With Isamu Fukui, Sara L. Schwebel

Faculty Publications

No abstract provided.

Raising The Question Of Whether Out-Of-State Political Contributions May Affect A Small State's Political Autonomy: A Case Study Of The South Dakota Voter Referendum On Abortion, Patrick Garry, Derek A. Nelson, Candice J. Spurlin

Faculty Publications

No abstract provided.

A History Of American Settlement At Camp Atterbury, Steven D. Smith, Chris J. Cochran, Engineer Research And Development Center Champaign Il Construction Engineering Research Lab

Faculty Publications

This report details the history of 19th and 20th century farm and community settlement within the Camp Atterbury Joint Maneuver Training Center, IN. It also provides a historic context for the identification, evaluation, and preservation of significant historic properties within installation boundaries. This historic context defines property types, poses research questions, and provides evaluation criteria based on the Camp Atterbury Joint Maneuver Training Center's settlement history, in an effort to develop a comprehensive program of multiple site evaluation.

Seizing The Grotian Moment: Accelerated Formation Of Customary International Law During Times Of Fundamental Change, Michael P. Scharf

Faculty Publications

Growing out of the author’s experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 28, this article examines the concept of “Grotian moment,” a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article makes the case that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now …

Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano

Faculty Publications

Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.

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 …

The End Of Farming In The “Northern Periphery” Of The Southwest, James R. Allison

Faculty Publications

Prehispanic farmers belonging to the Virgin and Fremont traditions once occupied most of Utah and adjacent parts of Arizona and Nevada. Through much of the twentieth century, these areas were called the "Northern Periphery'' of the Southwest, but in recent decades, both Fremont and Virgin have often been left out of syntheses of southwestern archaeology-even though they clearly had strong connections to the Southwest and represented, respectively, the northernmost and westernmost extensions of maize-based horticulture in western North America. This exclusion results from a combination of factors, the most important of which are geography and the territorial behavior of some …

Cultural And Contextual Differentiation Of Mesoamerican Iconography In The Southwest/Northwest, Michael T. Searcy

Faculty Publications

Ample research has documented the long-term interaction between Mesoamerica and the U.S. Southwest/Northwest Mexico (SW/NW). Nelson (2006:345) has used the phrase "Mesoamerican interaction markers" as a way to describe evidence of this contact in the SW/NW. He further defines these as "a variety of archaeological patterns that are reminiscent of Mesoamerican counterparts" including "objects, practices, and styles." Some of the interaction markers that have been studied at length are trade goods such as copper bells, macaws, shell, and iron pyrite mirrors (Bayman 2002; Bradley 1993; Ericson and Baugh 1993; Kelley 1966, 1995; Mathien 1993; McGuire 1993b; Nelson 2000; Riley 2005). …

Toward A General Theory Of Csr’S: The Roles Of Beneficence, Profitability, Insurance, And Industry Heterogeneity, Paul C. Godfrey, Nile Hatch, Jared M. Hansen

Faculty Publications

Corporate social responsibility (CSR) is a tortured concept. A number of alternative definitions of the construct exist at the theoretical level, and much debate surrounds the meaning (and its related implications for practice) of the term. Empirically, CSR research reaches few remarkable conclusions. In this article, the authors reconceptualize CSR into a number of discrete corporate social responsibilities (CSRs), each of which can have a positive or negative social impact, and each of which has an endogenous managerially driven component and an exogenous stakeholder-driven component. Using an industry-level sample drawn from the KLD database, the authors test the impact of …

Lawfare: A Rhetorical Analysis, Tawia Baidoe Ansah

Faculty Publications

This Article offers arhetoricalanalysis of the term "lawfare. " It examines the term within the context of its historical genesis, and reviews its evolving definition. Drawing upon insights from non-legal disciplines, the Article argues that rhetorically, "lawfare" indicates alternative and critical ways to think of law in relation to war.

“The Tunisia Paradox: Italy’S Strategic Aims, French Imperial Rule, And Migration In The Mediterranean Basin.” California Italian Studies 1, “Italy In The Mediterranean” (2010): 1-20., Mark I. Choate

Faculty Publications

This article explores contradictions in Italy’s relationship with the Mediterranean basin, setting Tunisia as a focal point. Tunisia was a paradoxical case at the intersection of Italy’s foreign policy: it was a former Roman imperial colony with a strategic location, but it was also a large and vibrant Italian emigrant settlement, like the Italian “colonies” of Buenos Aires, Sao Paolo, New York, and San Francisco. This situation caused much confusion in debates over how Italy should develop its international influence. Faced with a choice of priorities, the Italians of Tunisia called for Italy to concentrate on establishing territorial colonies in …

How Values In Scientific Discovery And Pursuit Alter Theory Appraisal, Kevin C. Elliott, Daniel J. Mckaughan

Faculty Publications

Philosophers of science readily acknowledge that nonepistemic values influence the discovery and pursuit of scientific theories, but many tend to regard these influences as epistemically uninteresting. The present paper challenges this position by identifying three avenues through which nonepistemic values associated with discovery and pursuit in contemporary pollution research influence theory appraisal: (1) by guiding the choice
of questions and research projects, (2) by altering experimental design, and (3) by affecting the creation and further investigation of theories or hypotheses. This analysis indicates that the effects of these values are sufficiently complex and epistemically significant to merit further attention.

Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko

Faculty Publications

On February 12, 2009, lawmakers in the U.S.House of Representatives introduced the "Arbitration Fairness Act of 2009. " This bill, if enacted, will invalidate any predispute arbitration agreement between an employer and its employee. Last year, the 110th Congress considered the narrower "Preservation of Civil Rights Protections Act of 2008, " which would have invalidated such predispute arbitration agreements if they required "arbitration of a dispute arising under" federal civil rights laws. This Article explores how best to structure any such invalidation of predispute employment arbitration agreements, both in light of the rationales for and against regulation of the employment …

Synthetic Science: A Response To Rainbow, David S. Caudill

Faculty Publications

Rabinow’s description of the unique collaborative goal of synthetic biology at Berkeley, to foster a coproduction among multiple disciplines and perspectives from the outset (as opposed to downstream reflection upon ethical, legal, and social implications), is somewhat misleading. While that particular assemblage is represented as coproductive, the inevitability of science as a coproduction is eclipsed. That shortcoming may well be a strategic compromise to ensure effective collaboration, but it could backfire. Idealized images of science, which might be termed synthetic or artificial, have had adverse consequences in legal and administrative assessments of reliable science.

Revolutionary Decision, Meredith Jones-Gray

Faculty Publications

No abstract provided.

Teaching Torture, Beth Van Schaack, Ron Slye

Faculty Publications

This chapter, to appear in the 2nd edition of Beth Van Schaack & Ron Slye's International Criminal Law & Its Enforcement (Foundation Press 2010), covers the crime of torture under international criminal law. It begins with a doctrinal discussion of the elements of torture as elucidated in the international criminal law jurisprudence with a focus on cases concerning gender-based violence and sex crimes. It then enables a comparison of this established doctrine with the "torture memos" produced during the administration of President Bush. Using a rich set of Notes, Questions and Problems, the chapter offers a compelling tool for teaching …

Review Of “Sustaining Linguistic Diversity: Endangered And Minority Languages And Language Varieties”, Kara Brown

Faculty Publications

No abstract provided.

Networks Of Dissent: Emergent Forms In Media Based Collective Action, Ted Coopman

Faculty Publications

The micro radio movement expanded over the course of 1990s and resulted in the creation of a Low Power Radio Service in 2000. Micro radio activists successfully leveraged the then emerging Internet and other digital technologies to further their cause. By doing so, participants developed new modes of organization and repertoires of action unique to the new interface between analog and digital worlds. In exploring this phenomenon, I developed dissentworks theory – describing how collective action emerges within digital environments. I offer his approach as a tool to reassess the impacts of an infrastructural approach to media based dissent collective …