Digital Commons Network^™

Humanitarian Law And Direct Participation In Hostilities By Private Contractors Or Civilian Employees, Michael N. Schmitt

Chicago Journal of International Law

Over the past decade, many military affairs analysts have touted the advent of a "revolution in military affairs." Although generally framed in the context of those technological advances that make possible four-dimensional, network- centric warfare, it is the dramatic "civilianization" of conflict that may prove normatively more revolutionary. In no conflict has the civilian footprint supporting military operations been larger than in Iraq. This paper begins by examining civilian employee and private contractor involvement in Operation Iraqi Freedom ("OIF") as a case study in the contemporary nature of such participation. It then assesses the possibility of either de jure or …

Less Than Bargained For: The Use Of Force And The Declining Relevance Of The United Nations, John C. Yoo, Will Trachman

Chicago Journal of International Law

This essay criticizes the United Nations Charter's standard for the use of force, and outlines a different but still constructive role for the UN in some critical domains. In Part II, we point to serious flaws inherent in the structure of the United Nations Charter rules, particularly the ex ante requirements that nations must satisfy prior to engaging in the use of force. Parts III and IV suggest more modest types of roles that the United Nations could occupy, and how the organization can help promote international security without endangering the security interests of its respective members.

Breaking New Ground: Using Eminent Domain For Economic Development, Elizabeth F. Gallagher

Fordham Law Review

No abstract provided.

The Lengthening Anti-Bribery Lasso Of The United States: The Recent Extraterritorial Application Of The U.S. Foreign Corrupt Practices Act, Daniel Patrick Ashe

Fordham Law Review

No abstract provided.

Treaties, Custom, Iteration, And Public Choice, John K. Setear

Chicago Journal of International Law

The basic question asked in this paper can be simply stated. Assume that, in attempting to effect international legal cooperation, a national government consciously chooses between using treaties and using customary law as the form in which to embody its cooperative efforts. Which form of international law should we expect it to choose? I analyze this question using two approaches that may be termed "rational choice" methodologies since they assume that the relevant decisionmakers rationally pursue known goals. The first approach, which I call the "iterative perspective," focuses on the efforts of a rational, public-minded government to minimize the transaction …

Why Religions Facilitate War And How Religions Facilitate Peace, J. William Frost

Library Staff Works

No abstract provided.

St. Patrick And Bernard Mizeki: Missionary Saints And The Creation Of Christian Communities, Dana L. Robert

Yale Divinity Library Occasional Publications

No abstract provided.

Pervasive Computing: Embedding The Public Sphere, Kang Lang, Dana Cuff

Washington and Lee Law Review

No abstract provided.

Hamdi V. Rumsfeld 124 S. Ct. 2633 (2004)

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Transition From Church Growth To Church Health, Philip Walker

Journal of the American Society for Church Growth

When I have taught Church Growth principles I have found it helpful to look at Acts 2:41-47 and the variety of growth types indicated in these verses. You will find: Growing up in verse 42, individuals growing into a mature relationship with God; Growing together in verse 44, in great generosity and spiritual gifts; Growing out in verse 47a, into the community; Growing more in verse 47b, as the numbers increase. The problem has been that Church Growth thinking has been caricatured as relating only to the last of these, although a careful reading of the Church Growth books shows …

La Grande Force Est Le D'Sir: Guillaume Apollinaire's Rewriting Of Merlin's Mother And The Dame Du Lac In L'Enchanteur Pourrissant, Allison Bateman Roark

LSU Doctoral Dissertations

This dissertation analyzes Guillaume Apollinaire's rewriting of Merlin's mother and the Dame du Lac in L'Enchanteur pourrissant as a commentary on writing. I consider Merlin's state in the tomb as an effect of his desire for the Dame du Lac and relate this to the poet's relationship to writing, which is the result of his desire for a unity of expression -- to express what can be designated in the text, but not directly communicated in its totality through language. There is always something missing from any writing, but the very absence of meaning influences poetic production by encouraging attempts …

Anglian Leadership In Northumbria, 547 A.D. Through 1075 A.D., Jean Anne Hayes

LSU Doctoral Dissertations

The Anglo-Saxon kingdoms of Britain were founded in warfare beginning in the fifth century. These kingdoms developed alongside the native Romanized Britons, who attempted to reassert their authority in Britain in the wake of the Roman withdrawal. Northumbria, located north of the Humber River, the largest and most northerly of the Anglo-Saxon kingdoms played a vital role in the politics of early medieval Britain. During the seventh century, the Northumbrian kings were recognized as the overkings of the Anglo-Saxon kingdoms, as well as the neighboring British and Pictish kingdoms. Over the course of several centuries, the leaders of Northumbria alternately …

Battle-Wise: Gaining Advantage In Networked Warfare, David C. Gompert, Irving Lachow, Justin Perkins

Defense and Technology Papers

This paper summarizes a forthcoming National Defense University book suggesting why and how the U.S. and allied forces should improve the cognitive faculties of military decisionmakers to attain new operational and strategic advantages or to avoid the loss of advantages they now enjoy.

Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Articles

No abstract provided.

The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson

Law Faculty Publications

The history of the prerogative of the sovereign, the lex prerogativa, in Anglo American jurisprudence is long and complicated. It has exercised the minds of jurists and political philosophers for many centuries, and there has not been universal agreement as to its nature and scope. The purpose of this essay, as prompted by the two quotations just given, is to describe the prerogative law and trace its development from medieval England to modem Virginia.

Interview With Henry Clark - Vhp 63, Henry Clark

Winthrop University Oral History Program

In his October 26, 2005 interview, Henry Clark discusses his time in the Air Force during World War II. He talks about how he enlisted after Pearl Harbor, and then talks about his time serving in the Pacific Theater. He remembers where he was when the Atomic Bombs were dropped, and how he felt when the war ended. He then talks about his transition to civilian life and how he kept up with men he served with.

The Intention/Foresight Distinction In The Doctrine Of Double Effect: From Theoretical Impasses And Double-Think To Practical Applications In Bioethics, Mitchell R. Thomas, Iii

LSU Master's Theses

The purpose of this paper is to address the doubts that surround the intention/foresight distinction of the Doctrine of Double Effect (DDE). The claim is made by some that this distinction is merely a semantic one or if real, it is morally irrelevant. It will be argued that this is the result of doubts that surround the contributions of theory in applied ethics and the double think that sometimes results from the misuse of the DDE. I will argue that the intention/foresight distinction in the DDE is a real one and can be made on the level of practice, without …

Christians Against Globalization In The Philippines, Kathy Nadeau

Anthropology Faculty Publications

This paper focuses on the Basic Christian Communities in the Philippines that work to counter human and environmental rights violations resulting from macro-economic development processes. While not every activist-led and mass-based people's movement includes critical environmental issues on their agendas for social change, this paper directs its attention to the progressive Basic Christian Community movement that incorporates an environmentally concerned and team-oriented approach to problem solving at the local level. This movement is part of an international bottom-up effort to counteract some of the negative effects of global capitalism (e.g., the fragmentation of close-knit communities that were once based on …

A Comparative Study Of The United States Marine Corps And The Imperial Japanese Army In The Central Pacific War Through The Experiences Of Clifton Joseph Cormier And Hiroo Onoda, John Earl Domingue

LSU Master's Theses

This thesis is a biographical description of the lives of two men that fought in the Pacific War, 1941-1945. One was a member of the Third Marine Division, the other a member of the Imperial Japanese Army stationed on Lubang Island in the Philippines. They were connected by a very intense, almost Paleolithic conflict across the vastness of the Pacific Ocean. Primary sources were drawn from the two privately published books by both. Clifton Cormier's A Postcard From Joseph (2002) and Onoda's No Surrender, My Thirty Year War (1974). In addition, Clifton Cormier graciously supplied self-written newspaper articles, private telephone …

Defining Modernity: Mentality And Ideology Under The French Second Empire, Gavin Murray-Miller

LSU Master's Theses

This study intends to examine the relationship between popular conceptions of modernity and Republican ideology during the Second Empire, 1852-1870. With the advent of the industrial revolution in France, scientific knowledge came to be equated with notions of progress and innovation, leading intellectual elites to design philosophical and social systems predicated upon the authority of scientific analysis and objectivity. Influenced by the intellectual currents under the Second Empire, a new generation of Republican political theorists incorporated notions of science into their ideological outlook, ultimately engendering a moderate brand of Republicanism which played a significant role in the founding of the …

The Persian Policies Of Alexander The Great: From 330-323 Bc, Nicholas Ed Foster

LSU Master's Theses

Alexander the Great conquered the Persian Empire and sought to create a unique realm, where all people Greek and non-Greek would be able to live in relative autonomy under the monarch. Scholars have debated Alexander's intent for the last century and still cannot find consensus. This thesis will approach the intent by focusing on the question of how Alexander governed the empire he conquered. Specifically, did he intend for the people of the conquered landmass to become a new type of integrated culture led by him and his progeny? If it is possible to answer this question, it may give …

Ancient Maya Music Now With Sound, Cameron Hideo Bourg

LSU Master's Theses

The subject of Maya music is by no means a new field of study for Hispanic cultural scholars or Mesoamerican anthropologists. For example, the archeological reports of Dr. Norman Hammond and Dr. Paul Healy have greatly increased the information in this area of study. The instrumentation utilized by ancient Maya musicians and the raw materials that were the essence of their production have been the major themes in these previous publications. However, these perspectives exclude the sound of music and aspects of ancient Maya society. This thesis has been planned to examine ancient Maya music according to archaeology, society and …

A Hellenistic Masterpiece: The Medici Aphrodite, Angel D. Arvello

LSU Master's Theses

Numerous copies of both the Medici and Capitoline Aphrodite were produced in the Roman period. Judging only from the number of copies, it is generally accepted that the Capitoline was the most popular type followed by the Knidia and finally the Medici. First an examination of the copies, variants and quotations of each type is given to provide some background on the Medici and Capitoline. Next is a discussion of the dating of the pieces which has typically ranged from the fourth to the first centuries BC. An overview of a second century trend is presented to place both pieces …

Liberalism, Torture, And The Ticking Bomb, David Luban

Georgetown Law Faculty Publications and Other Works

Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act of torture.” Then came September 11.

Armageddon’S Lost Lessons: Combined Arms Operations In Allenby’S Palestine Campaign, Gregory A. Daddis

History Faculty Articles and Research

In September 1918, the EEF concluded its campaign in Palestine by routing the Turkish forces at the battle of Megiddo. Under command of British general Allenby, the EEF successfully executed one of the most decisive engagements in any theater of World War I. Ably employing and synchronizing infantry, cavalry, and air forces, Allenby provided future military professionals and historians with a shining illustration of the efficacy of combined arms operations. In terms of surprise, concentration, and operational balance of forces, the culmination of the Palestine campaign was a foreshadowing of the German blitzkrieg used in World War II.

Unfortunately, the …

The Secret Kappa Lambda Society Of Hippocrates (And The Origin Of The American Medical Association's Principles Of Medical Ethics), Charles T. Ambrose

Microbiology, Immunology, and Molecular Genetics Faculty Publications

This paper relates the neglected history of an idealistic, secret medical fraternity which existed briefly in Lexington, Kentucky, during the first half of the 19th century. It was created for students in the Medical Department at Transylvania University, the fifth US medical school, founded in 1799. One goal of the fraternity was to counter the widespread dissension and often violent quarrels among doctors that characterized American medicine of that period. And to that end, it was among the first to promote Thomas Percival's code of medical ethics in this country. Branches of the fraternity were established in Philadelphia and New …

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.

Analysis Of Perturbation-Based Testing Methodology As Applied To A Real-Time Control System Problem, Richard A. Stutler

Theses and Dissertations

Perturbation analysis is a software analysis technique used to study the tail function of a program by inserting an error into an executing program using data state mutation. The impact of this induced error on the output is then measured. This methodology can be used to evaluate the effectiveness of a given test set and in fact can be used as a means to derive a test set which provides coverage for a given program. Previous research has shown that there is a "coupling effect" such that test sets that identify simple errors will also identify more complex errors. Thus …

Tribal Kulturkampf: The Role Of Race Ideology In Constructing Native American Identity, Carla Pratt

Faculty Articles

No abstract provided.

Neurocops: The Politics Of Prohibition And The Future Of Enforcing Social Policy From Inside The Body , Richard Glen Boire

Journal of Law and Health

Over the next decade an increasing number of new "pharmacotherapy" medications will become available with the potential to tremendously impact the use and abuse of illegal drugs and the overall direction of national and international drug policy. These pharmacotherapy medications are designed to block or significantly reduce the "highs" elicited by illegal drugs. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating the problem drug use. However, the tremendously politicized nature of the "drug war" raises substantial concerns that, in addition to those who …