Digital Commons Network^™

Translating Unocal: The Expanding Web Of Liability For Business Entities Implicated In International Crimes, Anita Ramasastry, Robert C. Thompson, Mark B. Taylor

Articles

The Ninth Circuit ruled that a corporation could be held liable under the federal Alien Tort Claims Act for its complicity in a violation of international criminal law occurring outside the U.S. (Doe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002)). Since then, litigants have filed increasing numbers of such cases. These cases raise two questions: (1) Is the United States the only country that provides judicial accountability for business entities involved in international crimes abroad? and (2) How are other countries "translating" the basic kinds of accountability that Unocal recognized into their own legal systems? This Article …

Professionalizing Moral Deference, Michael Hatfield

Articles

As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the "torture memoranda" to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …

Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn

Articles

This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.

Just as environmental laws can be used to reduce externalities created through the …

Contraception: Securing Feminism’S Promise, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

This paper traces the history of attempts to restrict contraception, the legal events securing widespread access to contraception and their importance to a generation of college-aged women, the short-lived nature of the consensus that produced them, and the potential of the issue to serve as a rallying point for a revitalized feminism. It explores the hypocrisy of a system that, whatever its values, makes reproductive autonomy readily available for the affluent and the sophisticated and increasingly beyond the reach of the most vulnerable. Finally, it considers the potential of contraception as a reframing device, capable of exposing the hypocrisy of …

Native Californian Prehistory And Climate In The San Francisco Bay Area, Stella D'Oro

Master's Theses

No abstract provided.

Assessing Forearm Fractures From Eight Prehistoric California Populations, Diane Marie Digiuseppe

Master's Theses

No abstract provided.

Tahira Khan On Women As Weapons Of War: Iraq, Sex And The Media By Kelly Oliver. New York, Ny: Columbia University Press, 2007. 208pp., Tahira Khan

Human Rights & Human Welfare

A review of:

Women as Weapons of War: Iraq, Sex and the Media by Kelly Oliver. New York, NY: Columbia University Press, 2007. 208pp.

The Impact Of Hard Disk Firmware Steganography On Computer Forensics, Iain Sutherland, Gareth Davies, Nick Pringle, Andrew Blyth

Journal of Digital Forensics, Security and Law

The hard disk drive is probably the predominant form of storage media and is a primary data source in a forensic investigation. The majority of available software tools and literature relating to the investigation of the structure and content contained within a hard disk drive concerns the extraction and analysis of evidence from the various file systems which can reside in the user accessible area of the disk. It is known that there are other areas of the hard disk drive which could be used to conceal information, such as the Host Protected Area and the Device Configuration Overlay. There …

Electronic Forms-Based Computing For Evidentiary Analysis, Andy Luse, Brian Mennecke, Anthony M. Townsend

Journal of Digital Forensics, Security and Law

The paperwork associated with evidentiary collection and analysis is a highly repetitive and time-consuming process which often involves duplication of work and can frequently result in documentary errors. Electronic entry of evidencerelated information can facilitate greater accuracy and less time spent on data entry. This manuscript describes a general framework for the implementation of an electronic tablet-based system for evidentiary processing. This framework is then utilized in the design and implementation of an electronic tablet-based evidentiary input prototype system developed for use by forensic laboratories which serves as a verification of the proposed framework. The manuscript concludes with a discussion …

The Influence Of Marcus Tullius Cicero On Modern Legal And Political Ideas, Mortimer N.S. Sellers

All Faculty Scholarship

Marcus Tullius Cicero is the father of modern law and politics. Cicero's influence was significant throughout subsequent European history, but never so much nor so directly as in the emergence of modernity and in the development of modern law and constitutional government. The early moderns became faithful apostles of Cicero's thought and ideals because their world and political circumstances were in many ways closer to those of Cicero than to those of any intervening centuries. The influence of Cicero's legal and political ideas on the modern world illustrates the decisive importance that the study of history can have on legal …

Brynmawr Experiment 1928-1940 : Quaker Values And Arts And Crafts Principles, Pamela Manasseh

Other Faculty of Arts, Humanities and Business Theses

This is a study of the social work of Quakers in the town of Brynmawr in South Wales during the depressions of the 1920s and 1930s. The work, which took place during the years 1928 to 1940, has become known as the Brynmawr Experiment. The initial provision of practical and financial relief for a town suffering severely from the effects of unemployment, was developed with the establishment of craft workshops to provide employment. Special reference is made to the furniture making workshop and the personnel involved with it. The thesis attempts to trace links between the moral and aesthetic values …

Book Review: Cyber Security And Global Information Assurance: Threat Analysis And Response Solutions, Gary C. Kessler

Journal of Digital Forensics, Security and Law

I freely admit that this book was sent to me by the publisher for the expressed purpose of my writing a review and that I know several of the chapter authors. With that disclosure out of the way, let me say that the book is well worth the review (and I get to keep my review copy).
The preface to the book cites the 2003 publication of The National Strategy to Secure Cyberspace by the White House, and the acknowledgement by the U.S. government that our economy and national security were fully dependent upon computers, networks, and the telecommunications infrastructure. …

We Know No North, No South, No East, No West: Mormon Interpretations Of The Civil War, 1861-1865, Richard Bennett

Faculty Publications

While peace reigns in Utah, civil war, with all its horrors, prevails among those who earnestly desired to see the soil of these valleys crimsoned with the blood of the Saints, and, if we are mistaken in the signs of the times, before the conflict between the North and South shall have ended, all they unitedly desired to see meted out to the Mormons, will be poured out without measure upon those who have initiated the war of extermination, and are now carrying it on with all the energy they severally possess. So read the lead editorial in the Salt …

Christian Worship And Cultural Diversity: A Missiological Perspective, Bruce L. Bauer

Journal of Adventist Mission Studies

No abstract provided.

Finding The ‘World’ In Biblical Studies: God-Talk, Culture, And Hermeneutics In The Study (And Teaching) Of Faith, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

Sovereignty, Politics, And U.S. International Airline Policy, Alan P. Dobson, Joseph A. Mckinney

Journal of Air Law and Commerce

No abstract provided.

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of International Armed Conflict, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Faculty Journal Articles and Book Chapters

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Information Sharing: A Study Of Information Attributes And Their Relative Significance During Catastrophic Events, Preeti Singh, Pranav Singh, Insu Park, Jinkyu Lee, H.Raghav Rao

Research & Publications

We live in a digital era where the global community relies on Information Systems to conduct all kinds of operations, including averting or responding to unanticipated risks and disasters. This can only happen when there is a robust information exchange facilitation mechanism in place, which can help in taking quick and legitimate steps in dealing with any kind of emergent situation. Prior literature in the field of information assurance has focused on building defense mechanisms to protect assets and reduce vulnerability to foreign attacks. Nevertheless, information assurance does not simply mean building an impermeable membrane and safeguarding information, but also …

A New Understanding Of Sophistic Rhetoric: A Translation, With Commentary, Of Mario Untersteiner‘S ―Le Origini Sociali Della Sofistica‖, Elisabeth Lofaro

USF Tampa Graduate Theses and Dissertations

This dissertation translates an essay by Mario Untersteiner "Le origini sociali della sofistica" ("The Social Origins of Sophistry") unpublished in English, and explores its significance in terms of classical and contemporary rhetorical theory, as well as the composition classroom. In the process, I attempt to contribute to reestablishing sophistry and rhetoric within our contemporary cultural milieu. More specifically, the dissertation is organized into five main parts: The first chapter offers an introduction to and thorough background of the sophists in ancient and classical Greece; the second chapter reviews the scholarship about the sophists, as well as that on Mario Untersteiner …

At What Cost? : Spanish Neutrality In The First World War, Carolyn S. Lowry

USF Tampa Graduate Theses and Dissertations

While historians have gone to great efforts in studying the belligerent powers during the First World War, very little attention has been paid to such neutral powers as Spain. Several European nations declared neutrality in 1914, but many strayed from this course in favor of active belligerence. Spain, however, remained neutral for the war's duration; thus, this thesis examines and explores the nature of Spanish neutrality during the First World War. Spain's decision to adhere to a neutral policy required serious consideration as it had to weigh the consequences and advantages of intervention; however, military and economic weakness, as well …

Foraminiferal Responses To Arsenic In A Shallow-Water Hydrothermal System In Papua New Guinea And In The Laboratory, Bryan Mccloskey

USF Tampa Graduate Theses and Dissertations

The tropical Indo-Pacific is the location of highest global foraminiferal biodiversity. However, the shallow-water hydrothermal system in Tutum Bay at Ambitle Island, Papua New Guinea, possesses some of the world's highest naturally-occurring [As]. Foraminifers were collected in this intriguing system in 2003 and 2005 as part of a larger project to examine the possible effects of As and other hydrothermal factors on benthic communities. Despite the high ambient [As], a diverse foraminiferal fauna was observed. Foraminferal communities were examined from surface sediment and from material adhered to rubble at locations from 1-300m from venting and from reference sites, at depths …

The Mashup As Resistance? A Critique Of Marxist Framing In The Digital Age, Adam Rugg

USF Tampa Graduate Theses and Dissertations

This thesis critiques contemporary scholarly approaches to the modern musical mashup that rely on outdated and over-generalized Marxist frameworks. These frameworks stem from an Adornian view of the culture industries that places consumers and producers in distinct and opposing roles. The mashup is therefore seen as little more than a subversive weapon for a resistant consumer class in its fight against the hegemonic structure of the mass media. A case study of the prominent mashup artist Girl Talk is presented to illustrate how the mashup can actually function as a celebratory form and how modern technological advances have destabilized traditional …

The Missional Status Of African Christians In Diaspora: A Case Of The African Christian Fellowship And African-Led Churches In The United States Of America, Stanley Nwoji

ATS Dissertations

No abstract provided.

Legal Issues In The Deployment Of A Dedicated Satellite For The Indian Navy, Anand Mohan

Journal of Air Law and Commerce

No abstract provided.

Scada Security - Slowly Circling A Disaster Area, Craig Valli, Andrew Woodward

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. SCADA systems have unique security and operational requirements. However, many of the most basic security measures are missing in these networks. This examines some of these issues and proposes some technologies that could help secure these networks from attack.

Beyond Protection, Philip A. Hamburger

Faculty Scholarship

Do foreign terrorists have rights under American law? And can they be prosecuted under such law? These questions may seem novel and singularly dificult. In fact, the central legal questions raised by foreign terrorism have long been familiar and have long had answers in the principle of protection.

This Article explains the principle of protection and its implications for terrorism. Under the principle of protection, as understood in early American law, allegiance and protection were reciprocal. As a result, a person without allegiance was without protection, including the protection of the law. Not owing allegiance, such a person had no …

Developments In The Prosecution Of Gender-Based Crimes - The Special Court For Sierra Leone Experience , Hon. Theresa Doherty

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Administrative Detention Of Terrorists: Why Detain, And Detain Whom?, Matthew C. Waxman

Faculty Scholarship

This article aims to reframe the administrative detention debate, not to resolve it. In doing so, however, it aspires to advance the discussion by highlighting the critical substantive choices embedded in calls for legal procedural reform and by pointing the way toward appropriately tailored legislative options. It argues that the current debate’s focus on procedural and institutional questions of how to detain suspected terrorists has been allowed to overshadow the questions of why administratively detain, and whom to detain. Not only are the answers to these questions at least as important as the procedural rules in safeguarding and balancing liberty …