Digital Commons Network^™

Teaching Cyberlaw, Eric Goldman

Faculty Publications

Over the past dozen years, Cyberlaw courses have become a staple of the law school curriculum. This Essay explores methodological and pedagogical issues raised by these courses.

The Essay considers the organization of a Cyberlaw curriculum in Part I, some challenges posed by Cyberlaw courses in Part II, some tools to teach Cyberlaw courses in Part III, evaluation methods in Part IV, and teaching materials in Part V.

Overcoming Necessity: Torture And The State Of Constitutional Culture, Thomas P. Crocker

Faculty Publications

No abstract provided.

Money Or Nothing: The Adverse Environmental Consequences Of Uncompensated Land Use Controls, Jonathan H. Adler

Faculty Publications

The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to other environmental regulations that create similar incentives--demonstrate that failing to compensate private landowners for the costs of regulation discourages voluntary conservation efforts and can encourage the destruction of environmental resources. The lack of a compensation requirement also means that land use regulation is "underpriced" as compared to other environmental protection measures for which government agencies must pay. …

A Systematic Approach For Securing Our Space Assets, Heather Yates, Michael R. Grimaila

Faculty Publications

We are surrounded by the use of space assets, but for the most part are unaware of their impact on our lives. On a daily basis, space assets contribute to our well-being and others around the world. Space activities have enhanced security, monitored the environment, improved and increased information growth and flow, created economic growth, and changed the way people around the world live and work.[1] Since the 1991 Gulf War, we have also come to understand how much the US military depends on space. Military forces use satellite information for communications, intelligence, surveillance, reconnaissance, warning, weather, navigation, and timing. …

Envious Enemies Of The Cross Of Christ (Philippians 3:18), David E. Fredrickson

Faculty Publications

Contrary to the common understanding, the “enemies of the cross of Christ” in Phil 3:18 are the same people who “proclaim Christ from envy and rivalry” in 1:15. These “enemies” want Paul’s fame, but not the suffering that is built into loving.

The Colour Of Time: Head Pots And Temporal Convergences, Charles R. Cobb, Eric Drake

Faculty Publications

Colour symbolism permeated the world of indigenous North America. This symbolism was often tied to the cosmos where the earth was viewed as a quadrilateral disk and each of the four cardinal directions was linked with a colour array such as red, white, black, and blue. We suggest that the recurring use of certain colours and colour contrasts comprised a suite of long-term historical practices that were essential for reproducing certain views about the world and about being in the world. Further, the rendering of colour had a plasticity that allowed it to enter a discourse about daily life that …

Crimen Sine Lege: Judicial Lawmaking At The Intersection Of Law And Morals, Beth Van Schaack

Faculty Publications

One of the most fundamental defenses to a criminal prosecution is that of nullum crimen sine lege, nulla poena sine lege ("no crime without law, no punishment without law") (NCSL). Notwithstanding that respect for NCSL is a hallmark of modern national legal systems and a recurrent refrain in the omnibus human rights instruments, international criminal law (ICL) fails to fully implement this principle. The absence of a rigorous manifestation of NCSL within ICL can be traced to the dawn of the field with the innovations employed by the architects of the Nuremberg and Tokyo Tribunals. In the face of NCSL …

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

Finding The Tort Of Terrorism In International Law, Beth Van Schaack

Faculty Publications

This Article - part of a symposium on civil litigation and terrorism - focuses on the potential of the Alien Tort Statute (ATS) to serve as a vehicle for asserting civil claims in U.S. courts for acts of terrorism. Although this paper primarily considers terrorism torts under the "law of nations" prong of the ATS (which requires a showing that the relevant prohibition is part of customary international law), terrorism torts may provide a vehicle for activating the ATS's dormant treaty prong as well, given the strong support for the terrorism treaties exhibited by the United States and the high …

Shinarump Red Ware And Other Red Ware Pottery North And West Of The Colorado River, James R. Allison

Faculty Publications

In November 2007, the Museum of Northern Arizona (MNA) hosted a conference to discuss, clarify, and where necessary revise the standard typology used for prehistoric Puebloan pottery found in northwestern Arizona, southwestern Utah, and southeastern Nevada. The multi-state nature of the area covered makes precise geographical description awkward, but the conference was titled Prehistoric Puebloan Pottery North and West of the Colorado River. Margaret Lyneis and Kelley Hays-Gilpin organized the conference, and they have provided a general discussion of the conference and its conclusions in an earlier edition of Pottery Southwest (Lyneis and Hays-Gilpin 2008). Participants continue to work on …

The Child Protection Pretense: States' Continued Consignment Of Newborn Babies To Unfit Parents, James G. Dwyer

Faculty Publications

No abstract provided.

The Scholar As Celebrant, Nathan B. Oman

Faculty Publications

No abstract provided.

Deictic Selves And Others In Pastaza Quichua Evidential Usage, Janis B. Nuckolls

Faculty Publications

This article clarifies the perspectival, deictic nature of evidentiality in Pastaza Quichua, a dialect of Quechua spoken in Amazonian Ecuador. I examine the discourse patterning of what have been called the direct and in direct experience morphemes and argue that a source-based characterization of these morphemes cannot be supported by the data. Using insights from liana Mushin's notion of epistemological stance, I outline the Quechua evidential system, identifying perspectives that may be divided into three main categories: the speaking self of a speech event, the speaking self of a narrated event, and a variety of stances that may categorized by …

The Message Of God's People In The Old Testament, Jiri Moskala

Faculty Publications

No abstract provided.

Prosecuting Aggression, Noah Weisbord

Faculty Publications

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 …

Changing Course: Navigating Life After Fifty, E Michael Brady Phd

Faculty Publications

The article reviews the book Changing Course: Navigating Life After Fifty, by William A. Sadler and James H. Kreft.

An Investigation Into Luther's View Of The Bondage Of The Will With Implications For Soteriology And Theodicy, John C. Peckham

Faculty Publications

No abstract provided.

Toward The Fulfillment Of The Gog And Magog Prophecy Of Ezekiel 38-39, Jiri Moskala

Faculty Publications

No abstract provided.

Using Author Topic To Detect Insider Threats From Email Traffic, James S. Okolica, Gilbert L. Peterson, Robert F. Mills

Faculty Publications

One means of preventing insider theft is by stopping potential insiders from becoming actual thieves. This article discusses an approach to assist managers in identifying potential insider threats. By using the Author Topic [Rosen-Zvi Michal, Griffiths Thomas, Steyvers Mark, Smyth Padhraic. The author-topic model for authors and documents. In: Proceedings of the 20th conference on uncertainty in artificial intelligence; 2004. p. 487–94.] clustering algorithm, we discern employees' interests from their daily emails. These interests then provide a means to create an implicit and an explicit social network graph. This approach locates potential insiders by finding individuals who either (1) feel …

Gis Aided Archaeological Research Of El Camino Real De Los Tejas With Focus On The Landscape And River Crossings Along El Camino Carretera., Jeffrey M. Williams

Faculty Publications

Many generations of indigenous pathways through the forests of eastern Texas have their origins obscured in antiquity. Utilized by early European explorers, these pathways became modified through heavy use and the expansions and improvements needed to accommodate easy passage of European horses and carts and finally the heavy wagons of Anglo-American settlers. The first road through Texas, El Camino Real de Los Tejas, utilized portions of these early trails.

El Camino Carretera (known as the cart road) is an early segment of El Camino Real de los Tejas that crossed the Sabine River at the boundary between Texas and Louisiana. …

Several Initiatives On Media And Conflict Under Way, Richard C. Reuben

Faculty Publications

Both in Arizona and in other jurisdictions, both in longstanding and newly implemented programs, both currently and more than a decade ago, court-connected arbitration does not appear to reduce, but also does not substantially improve, the effectiveness and efficiency of dispute resolution. It does, however, seem to increase litigants' access to a hearing. How aspects of program structure could enhance arbitration's performance warrants further study.

International Courts And Tribunals, Lee M. Caplan, Nancy Amoury Combs, Carl Magnus Nesser, Ucheora O. Onwuamaegbu, Cesare P.R. Romano

Faculty Publications

This article summarizes significant developments in 2006 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the Permanent Court of Arbitration, the Iran-U.S. Claims Tribunal, the Eritrea-Ethiopia Claims Commission, and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. This article covers the period of activity from December 1, 2005, to November 30, 2006.

The Decline Of The American Superpower, Earl H. Fry

Faculty Publications

By 2040, the United States will no longer be considered as a global superpower and the world may be headed toward a long era devoid of any superpowers. This will occur as a result of several negative trends within the United States itself, combined with changing dynamics and exigencies in the global system and the rise of more powerful competitors in Asia and Europe. The negative trends within the United States include unprecedented governmental and international debt, dysfunctional campaign-finance and lobbying systems, unmanageable entitlement and health-care obligations, a deteriorating public education network, an inordinate concentration of wealth and power in …

Zouave Stories: Gender, Catholic Spirituality, And French Responses To The Roman Question, Carol E. Harrison

Faculty Publications

No abstract provided.

Compact Optical Fiber Sensor Smart Node, Seth W. Lloyd, Jason A. Newman, Daniel R. Wilding, Richard H. Selfridge, Stephen M. Schultz

Faculty Publications

We present a new optical fiber sensor interrogator specifically designed for an embedded instrumentation system. The proposed system consists of a super luminescent diode as a broadband source, a high speed tunable micro-electro-mechanical system (MEMS) filter, photodetector, and an integrated microprocessor for data aggregation, processing, and communication. The entire system is integrated together in a compact package to create a fiber "smart" sensor. The system is capable of interrogating a variety of multiplexed fiber sensors, processing the data, and communicating the results digitally. As an example, the system has been calibrated with an array of fiber Bragg grating sensors

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page

Faculty Publications

For decades, Americans have argued about who may marry and what marriage actually means in legal, religious, and philosophical terms. For almost as long, two problems - the rising divorce rate and the poverty of some "divorced" children and their custodians - have fed concerns about the viability of marriage as an institution that promotes domestic stability and economic security. This Article explores the notion that domestic partnership based upon business partnership law would better serve more couples, their families, and society as a whole. It proposes a Uniform Domestic Partnership Act, loosely modeled after the UPA, as a substitute …

A Tribute To Roger Groot, Frank O. Bowman Iii

Faculty Publications

A Tribute to Roger Groot

Th Politics Of Hate: Ultranationalist And Fundamentalist Tactics And Goals, Joan Davison

Faculty Publications

Ultranationalist and religious fundamentalist movements frequently use hate to mobilize people. These groups possess a sophisticated understanding of the importance of appealing to the emotions. Leaders often employ xenophobic language intended to inspire fear and justify a defensive reaction. The movements also rely heavily upon symbols, myths, and public events to simplify and communicate the "truths" of their ideologies. The leaders convey messages with tremendous affective appeal. Yet, measures exist to counter and contain the politics of hate. The development of civil society, group rights, a free media, and integrated institutions can contribute to a durable solution in cases of …

Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy

Faculty Publications

Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with …

A Conquering Spirit: Fort Mims And The Redstick War Of 1813-1814, By Gregory A. Waselkov, Charles R. Cobb

Faculty Publications

A review of A Conquering Spirit: Fort Mims and the Redstick War of 1813-1814, by Gregory A. Waselkov.