Digital Commons Network^™

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

Accounting For Science: The Independence Of Public Research In The New Subterranean Administrative Law,, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Data Mining Of Forensic Association Rules, James V. Hansen, Paul Benjamin Lowry, Rayman D. Meservy

Faculty Publications

Data mining offers a potentially powerful method for analyzing the large data sets that are typically found in forensic computing (FC) investigations to discover useful and previously unknown patterns within the data. The contribution of this paper is an innovative and rigorous data mining methodology that enables effective search of large volumes of complex data to discover offender profiles. These profiles are based on association rules, which are computationally sound, flexible, easily interpreted, and provide a ready set of data for refinement via predictive models. Methodology incorporates link analysis and creation of predictive models based on association rule input.

Who Controls The Water? Yahweh Vs. Baal, Fred E. Woods

Faculty Publications

As the Israelites settled in the land of Canaan, clashes over religious beliefs and practices developed with other inhabitants of the land. Baalism, the belief in the Canaanite god of water and storm, became a threat to the true belief in Yahweh (Jehovah). This paper is an investigation of the implicit polemical usage of water and storm language in the Deuteronomic History (hereafter referred to as DH). The DH consists of the book of Deuteronomy as well as what is referred to in the Hebrew Bible as the Former Prophets (Joshua, Judges, Samuel, and Kings). Many passages in the Deuteronomic …

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.

An Assessment Of Air Force Development Portfolio Management Practices, Michael A. Greiner, Kevin J. Dooley, Dan L. Shunk, Ross T. Mcnutt

Faculty Publications

Selecting and managing development project portfolios is a critical function within the Air Force’s weapon systems development process. Decision makers must weigh benefits, costs, and mission needs for a variety of proposed new initiatives and current weapon systems programs in order to develop an effective portfolio that provides the best value to the User. This research examines current Air Force development portfolio management practices as perceived by those involved with the decision making process. Research findings indicate several gaps between Air Force practices and those commercial best practices as found in the literature. A general approach for bridging the differences …

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker

Faculty Publications

Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).

It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Introduction to the symposium on Bjorn Lomborg's "The Skeptical Environmentalist" Cleveland, Ohio, 2002.

The International Trial Of Slobodan Milosevic: Real Justice Or Real Politik?, Michael P. Scharf

Faculty Publications

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.

Zurich's Militia Records In The Fifteenth Century, Albert Winkler

Faculty Publications

Switzerland was involved in a civil war from 1440 to 1446. To defend itself, Zurich called out its militia. In the militia records from 1442, the entire structure of the force can be reconstructed. A list of over two thousand names of the militiamen is presented. This includes their occupations, area of residence, the weapons they carried, and where they stood in the Zurich battle formation.

Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii

Faculty Publications

Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …

Romagoza V. Garcia: Proving Command Responsibility Under The Alien Torts Claims Act And The Torture Victim Protection Act, Beth Van Schaack

Faculty Publications

No abstract provided.

Fighting Fire With Fire: A Reflection On The Ethics Of Clarence Darrow, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.

How Long, Oh Lord, How Long? James E. Talmage And The Great War, Richard Bennett

Faculty Publications

What is it that is happening? A war greater in area and scale and more fearful in carnage, than any that has ever been since life on the round world began. Five months--no more--have passed since the first gun was fired, and already the list of men who were strong, healthy, capable, keen, five short months ago, and who are now stark in death, outnumbers anything of its kind in human history. And to reckon up the load of sheer blank sorrow in innumerable homes, and the actual but incidental war sufferings, short of death, or possibly worse than death, …

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Fabrication Of Nanometer-Sized Protein Patterns Using Atomic Force Microscopy And Selective Immobilization, Kapila Wadu-Mesthrige, Nabil A. Amro, Jayne C. Garno, Song Xu, Gang Yu Liu

Faculty Publications

A new methodology is introduced to produce nanometer-sized protein patterns. The approach includes two main steps, nanopatterning of self-assembled monolayers using atomic force microscopy (AFM)-based nanolithography and subsequent selective immobilization of proteins on the patterned monolayers. The resulting templates and protein patterns are characterized in situ using AFM. Compared with conventional protein fabrication methods, this approach is able to produce smaller patterns with higher spatial precision. In addition, fabrication and characterization are completed in near physiological conditions. The adsorption configuration and bioreactivity of the proteins within the nanopatterns are also studied in situ.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Two Sides Of A River: Mormon Transmigration Through Quincy, Illinois, And Hannibal, Missouri, Fred E. Woods

Faculty Publications

The infamous extermination order issued 27 October 1838 by Missouri Governor Lilburn W. Boggs caused thousands of Latter-day Saints to flee the state and seek refuge in Illinois across the Mississippi River. Illinois, established in 1817, had high hopes for its future, but just two decades later it was smitten, like the rest of America, with the economic depression of 1837. In such a needy condition, the people Illinois welcomed the Mormon migrants for three central reasons. Financially motivated, the state viewed the Latter-day Saint influx as an opportunity to raise its population to boost the economy through the collection …

And I Saw The Hosts Of The Dead, Both Small And Great: Joseph F. Smith, World War I, And His Visions Of The Dead, Richard Bennett

Faculty Publications

As I pondered over these things which are written, the eyes of my understanding were opened, and the Spirit of the Lord rested upon me, and I saw the hosts of the dead, both small and great (D&C 138:11).

Othello And Interpretive Traditions, Philip C. Kolin

Faculty Publications

No abstract provided.

Gettysburg: An Exhibit For The First-Year Reading Experience, Patrick G. Scott

Faculty Publications

Based on an exhibition for University of South Carolina students reading Michael Shaara's bestselling book The Killer Angels, this catalogue recounts the story of the battle of Gettysburg day by day, with an opening section introducing the major participants and a final section dealing with the commemoration of the battle and its treatment in later American literature. All the items in the exhibition are drawn from the Francis A. Lord Civil War Collection and the Robert S. Chamberlain Military History Collection, both in Rare Books & Special Collections, University of South Carolina Libraries.

Annotated Bibliography Of Research In The Teaching Of English, Deborah Brown, Wayne Martino, Gert Rijlaarsdam, Anne D'Antonio Stinson, Melissa E. Whiting

Faculty Publications

Twice a year, in the May ann November issues, RTE publishes a selected bibliography of recent research in the teaching of English. Most of the studies appeared during the six-mouth period preceding the complication of the bibliography (July through December; 1999, for the present bibliography), but some studies that appeared earlier are occasionally included. The listing is selective; we make no attempt to include all research and research-related articles that appeared in the period under review. Comments on the bibliography and suggestions about items for inclusion may be directed to the bibliography editors We encourage you to send your suggestions …

Unmanned Research Vehicle (Urv): Development, Implementation, & Flight Test Of A Mimo Digital Flight Control System Designed Using Quantitative Feedback Theory, Constantine H. Houpis, Steven J. Rasmussen

Faculty Publications

The Quantitative Feedback Theory (QFT) design technique, which has the ability to bridge the gap between theory and the real-world control design problem, is utilized in the design of a MIMO digital flight control system for an unmanned research vehicle (URV) that is presented in this paper. The design illustrates how the real-world knowledge of the plant to be controlled and the desired performance specifications can be utilized in trying to achieve a successful robust design for a nonlinear control problem. This paper presents some of the issues involved in developing, implementing, and flight testing a flight control system (FCS) …

Modeling The Statistical Time And Angle Of Arrival Characteristics Of An Indoor Multipath Channel, Michael A. Jensen, Brian D. Jeffs, A. Lee Swindlehurst, Quentin H. Spencer

Faculty Publications

Most previously proposed statistical models for the indoor multipath channel include only time of arrival characteristics. However, in order to use statistical models in simulating or analyzing the performance of systems employing spatial diversity combining, information about angle of arrival statistics is also required. Ideally, it would be desirable to characterize the full spare-time nature of the channel. In this paper, a system is described that was used to collect simultaneous time and angle of arrival data at 7 GHz. Data processing methods are outlined, and results obtained from data taken in two different buildings are presented. Based on the …

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically, the Article argues that the …

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.

Desire, Violence, And The Passion In Fragment Vii Of "The Canterbury Tales": A Girardian Reading, Curtis Gruenler

Faculty Publications

Part of a special issue on René Girard. The tales of fragment 7 of Chaucer's Canterbury Tales collectively address the problem of human violence and the potential of literature to perpetuate or remedy this problem. The narrative that links the two middles tales of fragment 7 provides a critique of violence that goes beyond mere opposition to war. In this narrative, Chaucer alludes to Christ's crucifixion and death in order to speak as a witness to suffering. In the first three tales of fragment 7—The Shipman's Tale, The Prioress's Tale, and Sir Thopas,—Chaucer depicts the tendencies to mythologize violence in …