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The Commandeerer In Chief, Jason Mazzone

Notre Dame Law Review

As Hurricane Katrina demonstrated, federalism can impede the government's ability to plan for and respond to emergencies. Many emergencies transcend federalist divisions of power and responsibility, rendering unclear which level of government should respond. In addition, while emergencies may require a coordinated response by heal, state, and national government, getting different levels of government to work together in times of crises is difficult. Further, even when states and localities call for outside assistance, they tend to resist undue federal interference in their affairs;a national government that lacks experience working with local actors on the ground can find it difficult to …

2007 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Joanne E. Goodell Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Joanne Goodell was the guest speaker.

The “People” In The Pla: Recruitment, Training, And Education In China's 80-Year-Old Military, Justin B. Liang Mr., Sarah K. Snyder Dr.

Articles & Editorials

Three conclusions were reached: (1) China’s ideal “new type” of military officer is university educated and possesses the technical competence and physical ability to handle actual combat against a modern, high-tech adversary. (2) Driven by the understanding of the critical and integral role of soldiers to the success of military modernization, China’s professional military education (PME) system is undergoing rapid changes, focusing on science, technology, and the development of leadership skills. (3) Underpinning China’s drive towards a more high-tech military is the concept of “informatization," a sophisticated idea about aligning capabilities and requirements in the face of an increasingly hybridized …

Revolutionary Peacemaking: Using A Critical Pedagogy Approach For Peacemaking With "Terrorists", Steven Best, Peter Mclaren, Anthony J. Nocella Ii

Education Faculty Articles and Research

"The current global political atmosphere is steeped in fear of, and intense rhetoric about, political violence and "terrorism." Amidst this turbulent environment, it is clear that scholars and practitioners need to get beyond the manufactured fear and the hysterical rhetoric, peddled by what we call the corporate-state-military-media complex (or simply, the "power complex"), and instead seek a deeper understanding of political groups that defend or deploy the tactics of economic sabotage (property destruction) or armed struggle in order to change repressive and violent social structures (Best and Nocella 2004; Best and Nocella 2006). Such understanding is important to slow down …

Toward Informational Privacy Rights, Adam D. Moore

San Diego Law Review

In this paper I will offer several arguments in support of the view that individuals have moral claims to control personal information. Coupled with rights to control access to one's body, capacities, and powers, or physical privacy rights, we will have taken important steps toward a general right to privacy. In Part I, a definition of privacy is offered along with an account of the value of privacy. Simply put, privacy - defined as control over access to locations and information - is necessary for human well-being. In Part II, an attempt to move beyond claims of value to claims …

Washington As First Action Hero: Museums Redefined, Benjamin Folkinshteyn

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Us Coin Doctrine And Practice: An Ally’S Perspective, Alexander Alderson

The US Army War College Quarterly: Parameters

No abstract provided.

Disarming Rogues: Deterring First-Use Of Weapons Of Mass Destruction, David Szabo

The US Army War College Quarterly: Parameters

No abstract provided.

Review Essay: Rethinking Morality In War, Eric Wester

The US Army War College Quarterly: Parameters

No abstract provided.

Editor's Shelf, Robert H. Taylor

The US Army War College Quarterly: Parameters

No abstract provided.

Afghanistan: Regaining Momentum, Ali A. Jalali

The US Army War College Quarterly: Parameters

No abstract provided.

New Challenges And Old Concepts: Understanding 21st Century Insurgency, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

Strategic Realignment: Ends, Ways, And Means In Iraq, Bruce J. Reider

The US Army War College Quarterly: Parameters

No abstract provided.

The Military And Reconstruction Operations, Mick Ryan

The US Army War College Quarterly: Parameters

No abstract provided.

Article Index, Vol. Xxxvii, 2007, Parameters Editors

The US Army War College Quarterly: Parameters

No abstract provided.

The Moral Equality Of Combatants, Carl Ceuleman

The US Army War College Quarterly: Parameters

No abstract provided.

Turing Instabilities In A S-I-R Model, Hye Yon Yi

Theses

With the increasing threat of biological warfare and the fear of an epidemic outbreak of influenza, smallpox, and other deadly diseases, the field of epidemic modeling is becoming increasingly important in the scientific fields. The focus of this thesis will be to create a model to study the effects of the rates of reaction and the rates of diffusion within a network based on the different parameters used in the modeling of any disease. For this model, the exact parameters of a specific disease are not as crucial as the qualitative behaviors that occur from the changing parameters. The model …

Regional Threats And Security Strategy: The Troubling Case Of Today's Middle East, James A. Russell Mr.

Books, Monographs & Collaborative Studies

The United States needs to undertake a strategic regional net assessment that examines the following issues as it seeks to construct a regional security strategy to protect its interests and mitigate wider threats to international security. That net assessment should include reviewing the role of security guarantees in promoting regional stability, an acknowledgement of the contradictory nature of the inter- and intra state threats and tensions, and the negative impact that the U.S. obsession with force protection is having on its ability to effectively implement strategy on the ground.

On The Uses Of Cultural Knowledge, Sheila Miyoshi Jager Dr.

Books, Monographs & Collaborative Studies

The author explores the role that cultural knowledge must play in thinking about a new strategy for counterinsurgency. Although the importance of cultural awareness and understanding of adversary societies has been widely recognized as essential to operations and tactics on the battlefield, its significance has been largely ignored in formulating the broader strategic goals of counterinsurgency. The author highlights the importance of culture, and cultural awareness, in formulating a broad strategy for counterinsurgency which also has wide-ranging implication for U.S. foreign policy.

Africom's Dilemma: The "Global War On Terrorism" "Capacity Building," Humanitarianism, And The Future Of U.S. Security Policy In Africa, Robert G. Berschinski Mr.

Books, Monographs & Collaborative Studies

Africa is a continent of growing economic, social, political, and geostrategic importance. The establishment of a new Combatant Command for Africa–AFRICOM–marks an important milestone in the evolution of relations between the United States and the governments of Africa. Through AFRICOM, the U.S. Department of Defense will consolidate the efforts of three existing command headquarters as it seeks a more stable environment for political and economic growth in Africa. In line with this goal, AFRICOM is pioneering a bold new method of military engagement focused on war prevention, interagency cooperation, and development rather than on traditional war fighting. The author contends …

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law School Faculty Publications

Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?

The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …

"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.

William & Mary Law Review

No abstract provided.

Most Popular Downloads -- October 2007

Institutional Repository Information

The 261 articles downloaded at least once per day (total > 30), with links and download totals; plus analysis of 6,806 more articles downloaded at least once. For October 2007, 7,067 of 9,966 available articles (71%) were downloaded at least once. Contains 2 pie charts.

Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu

Vanderbilt Law Review

The asylum system is in disarray. The United States is unable to guarantee that every asylum seeker will receive a fair and impartial hearing. Although media attention recently has focused on the asylum system's procedural flaws, unjust statutory interpretations also work against those seeking refuge in the United States. This Note focuses on one particular example within this commonly criticized area of the law: the prevailing interpretation of section 101(a)(42) of the Immigration and Nationality Act to bar those who have persecuted others under duress from attaining refugee status.

It is intuitively appealing that a system of laws should hold …

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law Review

The role of justice in assigning criminal liability and punishment has been a matter of long-standing debate. A standard argument against a desert distributive principle-that is, against distributing punishment according to an offender's blameworthiness- has been that such a concept of "desert" is simply too vague and the subject of too much disagreement to operationalize. There may be some truth to these complaints when applied to a philosophical notion of desert, which has been the traditional basis of the desert school.

But more recently, a utilitarian-based theory of desert has urged reliance on an empirical notion of desert, drawn from …

An Ethnically Well-Mixed Christian, Peter Kuzmič

Occasional Papers on Religion in Eastern Europe

No abstract provided.

Conspiracy To Commit Poetry: Empathetic Lawyering At Guantanamo Bay, Marc Falkoff

Seattle Journal for Social Justice

No abstract provided.

The U.S. Attacks On Aghanistan: An Act Of Self-Defense Under Article 51?, Sikander Ahmed Shah

Seattle Journal for Social Justice

No abstract provided.

Inside Volume 13 Number 10, University Of North Florida

Inside UNF

Newsletter: Information about UNF campus and events on campus published for the faculty and staff. Date: November 2007

Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen

Faculty Scholarship

American punishment today is degrading, indecent, and harsher than deserved despite a Constitution designed to protect people from cruel and unusual punishment. Unfortunately, the U.S. Supreme Court’s response to the increasing inhumanity of contemporary punishment has been to reduce its Eighth Amendment jurisprudence to tidy categories, legal fictions, and hollow phrases. Absent from the discourse is any acknowledgement of the actual day-to-day experience facing the convicted person, or any suggestion that, although punishments can be degrading, they need not be. The case for treating a convicted person with respect for his human dignity, and for constitutional scrutiny of punishment as …