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The Tribe, The Empire, And The Nation: Enforceability Of Pre-Revolutionary Treaties With Native American Tribes, Adam F. Kinney

Case Western Reserve Journal of International Law

No abstract provided.

Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.

Richmond Journal of Global Law & Business

Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.

Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote

Richmond Journal of Global Law & Business

No abstract provided.

Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner

Fordham International Law Journal

In 2007 Harvard Law School made "the most ambitions changes to the school's curriculum since Langdell." That change was the internationalization and globalization of its curriculum. Other law schools, such as Michigan, McGeorge and Georgetown, had already done that. But what is to assure that the recent trend toward internationalization will not be just another fad? This address, after summarizing current developments, provides an answer: learning from foreign law.

Legal Case For Russian Intervention In Georgia, Nicolai N. Petro

Fordham International Law Journal

This Article examines the legal argument for Russia's military intervention in Georgia. Russia's emphasis on the legal justification for intervention should be viewed as a significant step to the adaptation of Russian foreign policy to post-Soviet norms. Finally, having weathered this crisis, Russia will increasingly construct its foreign policy arguments with an eye toward both following and shaping international law. Part I discusses the various legal documents Russia used in order to justify its intervention in Georgia. Part II gives a critique of the Russian intervention as a peace keeping operation to protect citizens. The article concludes questioning the circumstances …

Book Review Of "Indian Religions: Renaissance And Renewal", Chad M. Bauman

Scholarship and Professional Work - LAS

The eighteen articles in this volume grew from papers delivered at the 2006 Spalding Symposium on Indian Religions. The Symposium featured both newer and more advanced scholars who presented papers on a variety of topics and traditions of India (but especially Hinduism and Buddhism).

Free Speech In The War On Terror: Does The Military Commissions Act Violate The First Amendment?, Ryan J. Vogel

Human Rights Brief

No abstract provided.

Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane

Human Rights Brief

No abstract provided.

Project Reveals Challenges And Recommendations For Teaching International Humanitarian Law In U.S. Law Schools, Hadar Harris, Solomon Shinerock

Human Rights Brief

No abstract provided.

The Logic Of Movement: Consumption Logistics On The Las Vegas Strip, Robert Dean

UNLV Retrospective Theses & Dissertations

The omnipresence of consumption in advanced societies is indisputable; spaces designed to facilitate consumption (or means of consumption) are one aspect of that presence. On the surface, these spaces appear to be quite harmless dreamworlds full of possibilities, but at another level they are highly instrumental, composed of various mechanisms that work to sell commodities through the manipulation of consumer behavior. I argue that consumption spaces express a logic of movement, and a consumption logistics, that is based on the commodity form and relatable to warfare that works to domesticate consumers into the commodity system. I engage in an exploratory …

Journal Of Mormon History Vol. 34, No. 2, 2008

Journal of Mormon History

LETTER

--Cain, Bigfoot, and Folklore Robert A. Clark, vi

ARTICLES

--TANNER LECTURE

--Thoughts from the Farther West: Mormons, California, and the Civil War William Deverell, 1

--LDS Church History: Past, Present, and Future Marlin K. Jensen, 20

--Hannah S. Jenkins: Missionary Wife in Palestine, 1911–20 Carol Freeman Braby, 43

--Ezra Taft Benson’s 1946 Mission to Europe Gary James Bergera, 73

--The St. George Temple Tower: Evolution of a Design Darrell E. Jones, 113

--The Concept of a “Rejected Gospel” in Mormon History, Part 1 William Shepard, 130

--The Consequential Counselor: Restoring the Root(s) of Jesse Gause Erin B. Jennings, 182 …

“The Sole Object Of All My Efforts Is To Do You Good”: Robert Owen, Simón Rodríguez, And The Saint-Simonist Avant-Garde, Ronald Briggs

Decimonónica

In his Recuerdos literarios, Chilean intellectual José Victorino Lastarria recounts meeting the elderly Simón Rodríguez (1769-1856) in the company of his own elderly mentor, Andrés Bello. The elders were both from Caracas, and each had weathered the Wars of Independence in exile abroad, but on this occasion their discussion of politics was more local than global, as Rodríguez told how he once served a formal banquet to Mariscal Sucre (then President of Bolivia) on bedpans. The normally stern Bello cried with laughter, Lastarria noted, adding that Rodríguez told the story with “el énfasis i aquellas intonaciones elegantes” that he …

Implementing An Architectural Framework To Define And Deliver Net-Centric Capability To Legacy Military Air Assets Operating Within A System Of Systems, Mark S. Anderson, S. M. Martin, Cihan H. Dagli, Ann K. Miller

Engineering Management and Systems Engineering Faculty Research & Creative Works

The United States Air Force (USAF) is implementing an integrated net-centric system of systems for airborne operations in support of the global war on terror (GWOT). The GWOT demands that a successful architecture framework transforms and delivers net-centric assets to the war-fighter in a timely manner. A critical component of this implementation is the transformation of legacy strategic air platforms into net-centric air power assets operating within a system of systems. The System Architectural (SA) framework, and the Department of Defense Architectural Framework (DoDAF) are ways of managing complexity and organizing information within a system of systems network. This paper …

Engineered Nanoscale Materials And Derivative Products: Regulatory Challenges, Linda-Jo Schierow

Congressional Research Service Reports

Scientists and engineers can now examine, design, and manipulate materials at the molecular level, termed “nanoscale,” between 1 and 100 billionths of a meter. The U.S. government has invested heavily to ensure that American industry remains a global leader in the field, because the products of nanotechnology are seen to have great economic potential and offer possible solutions to national problems ranging from energy efficiency to detection of agents of biological warfare. Optimism about nanotechnology is tempered, however, by concerns about the unknown potential of nanoscale materials to harm the environment and human health. Some have called for federal regulation …

A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek

Comparative Research in Law & Political Economy

The explosion of scholarship in comparative constitutional law in the last decade tends to overshadow the traditional suspicion that comparative law exhibited towards public law. For the greater part of the 20th century, the dominant paradigm in comparative public law was particularism and strong skepticism towards universalist features and possibilities in public law, especially constitutional law. With the rise of judicial review after World War II and especially in Eastern Europe after the collapse of the Soviet Union, comparative judicial review has begun to flourish. This paper is a comment on a paper by Professor Miguel Schor entitled "Mapping Comparative …

From Democratic Peace To Democratic Distinctiveness: A Critique Of Democratic Exceptionalism In Peace And Conflict Studies, Anna Geis, Wolfgang Wagner

Comparative Research in Law & Political Economy

Over the last two decades or so, there has been a democratic turn in peace and conflict research, i.e. the peculiar impact of democratic politics on a wide range of security issues has attracted more and more attention. Many of these studies are inspired by Immanuel Kant's famous essay on Perpetual Peace. In this article, we present a critical discussion of the democratic distinctiveness programme that emerged from the Democratic Peace debate and soon spread to cover, among other issues, institutionalized cooperation, trade relations, and arms control. As our review makes clear, research so far has been based on an …

The Enemy-Property Doctrine: A Double Whammy?, Ilana Tabacinic

University of Miami Law Review

No abstract provided.

Minding The Liability Gap: American Contractors, Iraq, And The Outsourcing Of Impunity, Christina M. Blyth

University of Miami Law Review

No abstract provided.

An Unintended And Absurd Expansion: The Application Of The Archaeological Resources Protection Act To Foreign Lands, Andrew Adler

New Mexico Law Review

No abstract provided.

Multi-Algorithmic Cryptography Using Deterministic Chaos With Applications To Mobile Communications, Jonathan Blackledge

Articles

In this extended paper, we present an overview of the principal issues associated with cryptography, providing historically significant examples for illustrative purposes as part of a short tutorial for readers that are not familiar with the subject matter. This is used to introduce the role that nonlinear dynamics and chaos play in the design of encryption engines which utilize different types of Iteration Function Systems (IFS). The design of such encryption engines requires that they conform to the principles associated with diffusion and confusion for generating ciphers that are of a maximum entropy type. For this reason, the role of …

Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales

Fordham International Law Journal

Part I of this Article takes a brief tour through military history on the consistent use of mercenaries through the ages, which Peter Singer illuminates masterfully in Corporate Warriors. Next, a brief overview on the binding nature (or not) of international custom and treaty is explored in Part II and then the codifications of international law are taken up in Part III, beginning with the Hague and Geneva Conventions. Several United Nations (“U.N.”) instruments are analyzed for their efficacy in changing the long-standing customary international law on the use of mercenaries and whether or not each is applicable to PMF …

An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon

Fordham International Law Journal

This Article discusses what the United States can do to promote the rule of law and human rights in DR Congo. This Article contends that U.S.-DR Congo policy has been formulated in dribs and drabs, limited in quantity relative to the enormity of the crisis, and without an overarching plan for promoting legal coherence and yielding long-term, systemic change. To be effective, U.S.-Congolese policy must be crafted and executed with a holistic approach-security, disarmament, infrastructure, food assistance, and health care must all undergird greater efforts to establish the rule of law. In effect, the United States must initiate an "African …

The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein

Fordham International Law Journal

The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …

Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White

Cornell International Law Journal

No abstract provided.

In Vitro Toxicity Of Carbon-Based Nanomaterials, Christin Marie Grabinski

Graduate Theses and Dissertations

No abstract provided.

The Sustainability Principle In Sustainable Energy, Irma S. Russell

Tulsa Law Review

No abstract provided.

A Bull In A China Shop: The War On Terror And International Law In The United States, Gabor Rona

California Western International Law Journal

No abstract provided.

Meriwether Lewis, The Air Force, And The Surge: The Problem Of Constitutional Settlement, Samuel Issacharoff

Faculty Articles

Much of the Constitution concerns structural divisions of authority among the political branches. Some of the most significant constitutional commands, such as responsibility for warfare, are also the least likely to be presented for judicial review. This Article addresses how constitutional norms come to be created and enforced in areas relatively untouched by dispositive case law. The examples chosen are the authority for the Louisiana Purchase, the creation of an independent Air Force, and the problem of managing the scope of war. The argument is that the institutional accommodations between the branches take on, over time, the role of “constitutional …

Blackwater And The Privatization Of Immigration Control, Robert Koulish

St. Thomas Law Review

In this article, I examine the significance of Blackwater's move to the border and its recent post 9/11 involvement in immigration control. I argue that Blackwater is symbolic of a much larger immigration industrial complex, privatizing decades of border militarization and low intensity conflict that, as author Tim Dunn has documented, has been waged against border crossers and residents since the 1970s. I also argue that Blackwater is part of a post-9/11 neo-liberal regime that is designed to re-territorialize and privatize the war on terror on the domestic front. Finally, I contend that the immigration industrial complex, with Blackwater quickly …