Digital Commons Network^™

Waging War: Japan's Constitutional Constraints, John O. Haley

Vanderbilt Law School Faculty Publications

Both electoral results and public opinion polls have long revealed what most observers have viewed as a paradox if not a contradiction. By significant majorities, the Japanese people appear to oppose any revision of article 9, but support the SDF and their deployment with legislative sanction. The seemingly antithetical aspects of these views can be reconciled if one accepts the proposition that the public is willing to allow an armed force but only within parameters that are still ill-defined. So long as article 9 remains, the government is constrained by the need for legislative approval and at least potential judicial …

Politics And Judgment, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modern Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. This essay, part of a larger book project with Daniel Farber, provides one explanation of the source of the hostility, defends judicial review against its critics, …

Tangled Up In Khaki And Blue: Lethal And Non-Lethal Weapons In Recent Confrontations, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Too often, military and law enforcement authorities have found themselves constrained by inadequate weaponry: the tools available to them, in addressing confrontations with entrenched opponents of various sorts, are either too weak (not sufficing to disarm or defeat the enemy) or too strong (generating unacceptable "collateral damage" in harming innocent people or property). An emerging category of "non-lethal weapons" carries promise for resolving this dilemma, proffering deft new capabilities for disabling, dissuading, or defeating opponents without inflicting death or permanent injury.

Some primitive non-lethal weapons (such as truncheons, tear gas, and water cannon) have long been staples in the inventories …

The Rise Of The Spanish Silver Real, Rachel Piccolo Moisés

Sigma: Journal of Political and International Studies

No abstract provided.

The Economics Of Neutrality: Switzerland And The United States In World War Ii, Matthew Schandler

LSU Master's Theses

The following study addresses the contentious issue of Swiss economic policy during the Second World War. In particular, it concentrates on the deterioration of Swiss-American relations that resulted from Switzerland’s economic ties to Nazi Germany. It is argued that Switzerland’s survival as a neutral and democratic country depended less on the defense preparations of the Swiss Army and more on the difficult trade negotiations with both the Axis and Allies. Varied sources that include American and Swiss governmental reports, diplomatic documents, and contemporary accounts of the war, support the argument that although moral considerations played a secondary role to economic …

Profile: Judge George H. Aldrich, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman

American Indian Law Review

No abstract provided.

Factors That Contribute To Cloud Forest Conservation In Southern Ecuador, Pelah Niamie Hoyt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

War On Terror Middle-East Peace And A Drive Around The Ranch: The Rhetoric Of Us-Saudi Diplomacy In The Post-911 Period, J. Robert Harper

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Downhill Battle To Copyright Sonic Ideas In Bridgeport Music, Matthew S. Garnett

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the bright-line rule announced in Bridgeport Music should not apply where the disputed digital sample appropriates only the "sonic" ideas of the original work. The main thrust of this argument is that the Sixth Circuit's holding in Bridgeport Music is inapplicable where the disputed copying is a protected exercise of "fair use" reverse engineering; that is, where copying is necessary to appropriate the "sonic" ideas embodied in the sampled work.

Part II of this Note presents a brief history of digital sampling, including its application in the Hip-Hop musical genre. Part III presents a walkthrough of …

Walking While Muslim, Margaret Chon, Donna E. Arzt

Faculty Articles

In the post-9/11 era, what exactly is meant by race? This essay claims that both domestic civil rights law and international human rights law simultaneously create and obscure racial identity increasingly constructed through Muslim religious identity. The argument unfolds in several parts. First, by analogy to the racial formation process that occurred with the Japanese American community after World War II, we argue that a group's religious identity can contribute to the perception of a group as a racially different and inferior "other." Second, among other elements, religious identity is under-analyzed as a key element of racial formation. Third, post-9/11 …

Why The Press Isn't Always Free In Indian Country, James B. Foster

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Soteriology In The Poetry Of William Blake| The Turn From Fall To Salvation In The Four Zoas And Jerusalem, Nicholas Gorman Serres

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Review Of Oded Borowski, Daily Life In Biblical Times, Daniel L. Smith-Christopher

Theological Studies Faculty Works

No abstract provided.

The Doctrine Of Preemptive Self-Defense, Sean D. Murphy

Villanova Law Review (1956 - )

No abstract provided.

The Devil We Know: Racial Subordination And National Security Law, Gil Gott

Villanova Law Review (1956 - )

No abstract provided.

Molecular Evolution And Genomic Analysis Of Poxviruses., Chunlin Wang

All ETDs from UAB

No abstract provided.

"We Are Now Of The View": Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes

Seton Hall Law Review

No abstract provided.

Seeking Information Superiority: Strategies For Business In The Commercial Application Of Information Operations, Martin Dart

Research outputs pre 2011

Information superiority is a condition that many businesses attempt to attain without truly understanding what it is, or how to get there. This paper presents an overview to help businesspeople recognize the road to information superiority, and some of the essential strategies to implement along the way. Information operations is a concept described to enable information superiority, when used with a network form of organization (as opposed to simply being networked). This paper describes information operations across their fundamental structure of intelligence, surveillance, and reconnaissance (ISR); and suggests a separation between industrial espionage and legitimate business information gathering. A model …

Issues Relating To The Forensic Analysis Of Pda And Telephony (Pdat) Enabled Devices, Craig Valli

Research outputs pre 2011

An emergent technology is the PDAT (Personal Digital Assistant & Telecommunicator) a hybrid of a mobile phone and coupled with a PDA's computing and storage abilities. Potentially every mobile phone is now an alternate or possibly primary computing and data repository for individuals. This paper explores current issues relating to its merger with mobile phone technology.

A Uk And Australian Study Of Hard Disk Disposal, Craig Valli, Andrew Jones

Research outputs pre 2011

Recent studies in Australia and the United Kingdom indicate that a broad cross-section of organisations are failing to adequately protect or erase confidential data stored on hard disk drives before subsequent disposal. Over 90% of hard disks that were examined as a result of the two Independent studies were in an easily recoverable state with some drives simply requiring a boot. This paper will give an overview and comparison of the two studies conducted. Then an examination of possible factors responsible for the inadequate erasure of hard disk devices will be undertaken. Furthermore, possible future research directions will also be …

Integrating Open Source Protections Into Scada Networks, Craig Valli

Research outputs pre 2011

SCADA (Supervisory Control And Data Acquisition) networks control much of the industrialised nations production and supply complexes. Various government reports and investigations have highlighted the vulnerability of these systems. Many of these systems are on private networks which are increasingly being connected to systems that are accessible from other networks such as the Internet. There are a range of open source tools that now offer fonctionality that can be used to secure SCADA networks from intrusion or compromise. This paper explores some of the issues with current SCADA deployment trends from a network security perspective and then examines open source …

An Investigation Into The Efficiency Of Forensic Erasure Tools For Hard Disk Mechanisms, Craig Valli, Paul Patak

Research outputs pre 2011

One of the common anecdotal complaints used when defending the insecure erasure of hard disks is the length of time taken to affect a secure erasure. This paper discusses results of experiments conducted with Unix/Linux based hard disk wiping software when run on various machines and hard disk mechanisms in terms of size, speed and interface. The initial research has uncovered a range of issues and factors that affect the speed of erasure of hard disk mechanisms. Some of these factors included memory configuration and CPU but not in ways that were expected. This paper includes results from contemporary ATA …

Honeypot Technologies And Their Applicability As An Internal Countermeasure, Craig Valli

Research outputs pre 2011

Honeypots or honeynets are a technology that is rapidly maturing and establishing this archetype of countermeasure as viable and useful in modern network defence. Honeypot technology is now at a point of development where near real-time monitoring and forensic analysis of security events can occur. This paper explores the hurdles to be overcome for the internal deployment of honeypot technologies.

The Underestimation Of Threats To Patients Data In Clinical Practice, Patricia Williams

Research outputs pre 2011

Issues in the security of medical data present a greater challenge than in other data security environments. The complexity of the threats and ethics involved, coupled with the poor management of these threats makes the protection of data in clinical practice problematic. This paper discusses the security threats to medical data in terms of confidentiality, privacy, integrity, misuse and availability, and reviews the issue of responsibility with reference to clinical governance. Finally. the paper uncovers some of the underlying reasons for the underestimation of the threats to medical data by the medical profession.

Physician Secure Thyself, Patricia Williams

Research outputs pre 2011

Whilst discussion rages on the issues relating to security of medical data and the reason why it is important, there is little published information on how to tackle even basic security challenges for medical practice in Australia. Research suggests an underestimation of the threats to medical data by medical practitioners, hence there is sufficient reason to promote development of tools to assist medical practice with technical issues they are unfamiliar with. This paper provides an initial dialogue on how these security issues should be addressed. Included is a framework for risk assessment and elaboration of the implementation process to make …

Recommendations For Wireless Network Security Policy: An Analysis And Classification Of Current And Emerging Threats And Solutions For Different Organisations, Andrew Woodward

Research outputs pre 2011

Since their inception, 802.11 wireless networks have been plagued by a wide range of security problems. These problems relate to both data security and denial of service attacks, and there have been many solutions created by different vendors address these problems. However, the number of different types of attack, and the many possible solutions, makes it a difficult task to put in place an appropriate wireless network security policy. Such a policy must address both the size and nature of the enterprise, and the resources available to it. Measures such as WEP and MAC filtering are only appropriate for home …

The Doctrine Of Preemptive Self-Defense, Sean D. Murphy

GW Law Faculty Publications & Other Works

To the extent that the intervention in Iraq in 2003 is regarded as an act of preemptive self-defense, the aftermath of that intervention may presage an era where states resist resorting to large-scale preemptive self-defense. The intervention in Iraq highlighted considerable policy difficulties with the resort to preemptive self-defense: an inability to attract allies; the dangers of faulty intelligence regarding a foreign state's weapons programs and relations with terrorist groups; the political, economic and human costs in pursuing wars of choice; and the resistance of a local populace or radicalized factions to what is viewed as an unwarranted foreign invasion …

Melville's Billy Budd And Security In Times Of Crisis, Daniel J. Solove

GW Law Faculty Publications & Other Works

During times of crisis, our leaders have made profound sacrifices in the name of security, ones that we later realized need not have been made. Examples include the Palmer Raids, the McCarthy Era anti-Communist movement, and the Japanese-American Internment. After September 11th, this tragic history repeated itself. The Bush Administration has curtailed civil liberties in many ways, including detaining people indefinitely without hearings or counsel. These events give Herman Melville's "Billy Budd" renewed relevance to our times. "Billy Budd" is a moving depiction of a profound sacrifice made in the name of security. This essay diverges from conventional readings that …

State-Building In Iraq, Hafsteinn Hafsteinnsson

Human Rights & Human Welfare

Whether the 2003 invasion of Iraq was principally strategic or humanitarian, the United States’ involvement in Iraq has become a complex state-building mission. While there is agreement within the international community on the importance of rebuilding a democratic Iraq, there are many conflicting viewpoints on how this operation should proceed.