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Keeping The American Indian Rancher On The Land: A Socio-Legal Analysis Of The Rise And The Demise Of American Indian Ranching On The Northern Great Plains, Raymond Cross

Faculty Law Review Articles

This article evaluates the phenomenon of Indian ranching from its rise in the late nineteenth century to its potential demise in the early years of the twenty-first century. The article examines the many intertwined factors -- political, economic, cultural, ecological, and spiritual -- that account for Indian ranching's rise, as well as its impending demise. The article asserts that Indian ranching could well have become the Indian-civilizing strategy that helped bridge the vast socioeconomic gulf that existed, and still exists, between the Indian and non-Indian peoples of the northern Great Plains. The article concludes that Indian ranching's impending demise can …

Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer

Faculty Scholarship

The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …

Gas Smalls Awful: U.N. Forces, Riot-Control Agents, And The Chemical Weapons Convention, James D. Fry

Michigan Journal of International Law

This Article takes a comprehensive look at the use of riot-control agents (RCAs) by U.N. forces and the legal issues that arise as a result. This Article is the first to look at these legal issues from a practical perspective, not merely a theoretical one, because prior publications have questioned what would happen if U.N. forces used these weapons, whereas this Article analyzes forty instances of actual use. This Article is designed to spark debate within the areas of peacekeeping law, collective security law, the responsibility of international organizations, and arms control law relating to RCAs, and provides compelling legal …

Summers With My Bapuji: Opening Up A World Of What-Ifs, Amit Patel

Neureuther Book Collection Essay Competition

Graduate Winner: 2nd Place, 2010. 23rd Annual Carl Neureuther Student Book Collection Competition

Holding The High Ground: The Operational Calculus Of Torture And Coercive Interrogation, Joseph L. Falvey Jr., Brian D. Eck

Campbell Law Review

In Part I of this Article, we first consider some of the strengths and weaknesses of the partially adequate objections. In Part II, we explore torture in light of the biological distinction between pain and suffering and consider the implications of that distinction for our understanding of free will and the fighting spirit. Finally, in Part III, we suggest a more fundamental view of torture that navigates between the Scylla of naive moralizing and the Charybdis of ticking time-bombs. We propose that the debate should focus on torture's effect on our country's moral certainty, on the fighting spirit of our …

Democratic Triumph, Scholarly Pessimism, Bruce Gilley

Political Science Faculty Publications and Presentations

This article discusses how the democratic form of government has gone from an oddity to the most common form of government in the world. The written works on democracy in the past twenty years have dealt primarily with the writers' growing sense of insecurity, the belief that history runs in cycles, and the belief that democracy will run its course and the world will find itself returned to an authoritarian existence. Samuel P. Huntington expressed his pessimism with democracy in his book "The Third Wave." Huntington believes that only countries with a substantial Western influence will be able to sustain …

Doctrinal Uncertainty In The Law Of Federal Reserved Water Rights: The Potential Impact On Renewable Energy Development, Debbie Leonard

Natural Resources Journal

No abstract provided.

Drone Warfare And The Law Of Armed Conflict, Ryan J. Vogel

Denver Journal of International Law & Policy

No abstract provided.

The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio

Law Faculty Articles and Essays

At the end of 2008, Israel launched a three-week military offensive in the Gaza Strip (Operation Cast Lead), during which Israel carried out over 2,360 air strikes and numerous ground assaults over Gaza, causing the death of approximately 1,300 Palestinians, and wounding over 5,000 individuals. The Gaza conflict sparked numerous allegations of war crimes and international humanitarian law violations by both Israel and Hamas. Thus, the Human Rights Council (HRC) appointed a U.N. Fact Finding Mission on the Gaza Conflict (Goldstone Mission) led by prominent international jurist Richard Goldstone. The Goldstone Mission issued the Goldstone Report in September 2009, concluding …

From Reconstruction To Obama: Understanding Black Invisibility, Racism In Appalachia, And The Legal Community's Responsibility To Promote A Dialogue On Race At The Wvu College Of Law, Brandon Stump

Law Faculty Articles and Essays

This Note focuses on legal education in the United States and West Virginia in particular. Discussions on race, racism, and American law should take place in every legal classroom where race is relevant to the subject being discussed as a way to bridge gaps between communities. This is especially true for the West Virginia University College of Law ("College of Law"), which sits in the third whitest state in the country. The College of Law is the only law school in the state, and a majority of students at the College of Law are white and West Virginian. Thus, at …

Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Separated Children Fleeing Persecution: A Comparative Study Of Asylum Policies In The U.K. And The U.S., Sarah M. Howe

Government and International Relations Honors Papers

No abstract provided.

Tribal Citizen Participation In State And National Politics: Welcome Wagon Or Trojan Horse?, Michael D. Oeser

William Mitchell Law Review

No abstract provided.

Deconstructing The Hopewell Interaction Sphere, Steven Sarich

Nebraska Anthropologist

It is the intention of this paper to ponder the impetus behind the Hopewell Interaction Sphere and relate it back to the Hopewell society as a whole. I will present a number of models offered by other researchers and find a common theme that connects them all, namely ceremonialism. Socially valued items and ceremonialism are closely tied according to Katherine Spielmann and so through close examination I will find out how close they are. Also, more contemporary cross-cultural examples of ritual exchange will be presented to show its prevalence through time.

Grave Vows: A Cross-Cultural Examination Of The Varying Forms Of Ghost Marriage Among Five Societies, Lucas J. Schwartze

Nebraska Anthropologist

Marriage is one of the most ubiquitous social relationships in human societies. However, the forms this institution takes do not follow the same patterns across all cultures. This paper examines one of the rarer forms of marriage; ghost marriage. After introducing the societies that practice this rare form of marriage, the similarities and differences between the forms this practice takes are examined. Various scholarly explanations for this form of marriage are presented as well.

Plato, The Prince, And Corporate Virtue: Philosophical Approaches To Corporate Social Responsibility, Colin P. Marks, Paul S. Miller

Faculty Articles

Corporate Social Responsibility (“CSR”) has been a topic of discussion within corporate law and policy for over 40 years. CSR, in its broadest sense, explores what obligations a corporation should or can undertake to further the goals of society. Business academics have described four social responsibilities that any company has to society: economic, legal, ethical, and philanthropic. The progressive advocates within the legal academic debate surrounding CSR argue that a corporation should seek to do more than just turn a profit; it should seek to make society “better.” However, by seeking to make society “better,” the corporation begins to act …

The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod

Faculty Articles

Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …

Finding And Incorporating Spirituality In The Work Of The Clinic, Ana M. Novoa

Faculty Articles

forthcoming

Decolonization, Development, And Denial, Natsu Taylor Saito

Faculty Publications By Year

No abstract provided.

The Reduction Of Regulatory Uncertainty: Evidence From Transfer Pricing Policy, Andrew B. Whitford

Saint Louis University Law Journal

No abstract provided.

Humanizing Terrorism Through International Criminal Law: Equal Justice For Victims, Fair Treatment Of Suspects, And Fundamental Human Rights At The Icc, Kathleen Maloney-Dunn

Santa Clara Journal of International Law

This article sheds light on whether terrorism should be included within the jurisdiction of the International Criminal Court (ICC) and whether classifying terrorism as an international crime subject to supranational tribunals' jurisdiction can advance human rights and promote non-military responses to terrorist acts. Anti-terrorism policies in the wake of the September 11 attacks have led to repressive laws, human rights abuses, and military reactions, often with dehumanizing effects. The article argues that international criminal law, by holding individuals accountable before international criminal tribunals and through the incorporation of international humanitarian law and fundamental human rights noms in its corpus juris, …

Ua60/3/3 Applied Arts & Health Military Science Student Organizations, Wku Archives

WKU Archives Collection Inventories

Records created by student organizations sponsored by the department of Military Science.

Ua64/25/2 College Of Education & Behavioral Sciences Military Science Awards, Wku Archives

WKU Archives Collection Inventories

Awards presented to the department and to cadets.

Last Stand? The Criminal Responsibility Of War Veterans Returning From Iraq And Afghanistan With Posttraumatic Stress Disorder, Thomas L. Hafemeister, Nicole A. Stockey

Indiana Law Journal

As more psychologically scarred troops return from combat in Iraq and Afghanistan, society's focus on and concern for these troops and their psychological disorders has increased With this increase and with associated studies confirming the validity of the Posttraumatic Stress Disorder (PTSD) diagnosis and the genuine impact of PTSD on the behavior of war veterans, greater weight may be given to the premise that PTSD is a mental disorder that provides grounds for a "mental status defense, " such as insanity, a lack of mens rea, or self-defense. Although considerable impediments remain, given the current political climate, Iraq and Afghanistan …

Citizenship In The Humanities And Social Sciences: A Selective Bibliography, 2000-2009, Wayne State University School Of Library And Information Science, Winter 2010 Lis 7160, James E. Van Loon, H.G.B. Anghelescu

School of Information Sciences Faculty Research Publications

Citizenship in the Humanities and Social Sciences is a selective bibliography consisting of citations to works published during the years 2000-2009 on citizenship-related topics in the humanities and social sciences. Primarily consisting of books/chapters and scholarly journal articles, the bibliography also includes other materials (case studies, reports, dissertations, and working papers) for which scholarship, authority and relevance have been established. Most cited works are published in the English language, although articles published in other languages using a Latin alphabet are also included. Citations were retrieved during January-March 2010 from a variety of aggregated databases accessed through the Wayne State University …

Wired For War: The Robotics Revolution And Conflict In The Twenty-First Century, Frank Rosenblatt

Journal Articles

Pity the librarian who receives a copy of P.W. Singer's Wired for War and must decide where to put it. Since the book wrestles with the changing nature of warfare, it could fit in with other books on war and military affairs. It may also belong in the science fiction section, since it is largely a tribute to the vision of science fiction writers such as Isaac Asimov. Perhaps Wired for War should go alongside works by other futurist thinkers such as George Orwell and Freeman Dyson. Is it really an ethics book? A science text? Strong arguments could be …

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Law Faculty Articles and Essays

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. Piracy resembles terrorism in many aspects, on both a theoretical and practical level, and reliance on antiterrorist conventions by piracy-fighting countries will provide these countries with greater legal tools to battle pirates within an established international legal framework. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day …

El Paso, Texas, And Ciudad Juarez, Chihuahua, 1880-1930: A Material Culture Study Of Borderlands Interdependency, Gladys Arlene Hodges

Open Access Theses & Dissertations

ABSTRACT

Material culture theory informs this study of urban history and borderlands interdependency at El Paso, Texas, and Ciudad Juárez, Chihuahua, Mexico, from 1880-1930. Features incised into and structures built onto the natural environment by the first arriving colonists after the mid-seventeenth century endured for more than two centuries. Over that period, the humanly-created material environment, a social product, fed back into the development of social forms--institutions, rituals, practices, modes of interaction, activities, and beliefs. A significant number of these social forms endured into the late nineteenth century and beyond, even after mechanization and industrialization arrived in the region known …

Bioethics And Biosecurity Education In China: Rise Of A Scientific Superpower., Barr S. Michael, Joy Yueyue Zhang

Book Chapters

This chapter explores ethics, education and the life sciences in China. It is based on work conducted by the authors in two separate but complimentary projects. Barr’s observations derive from interviews and discussions in Beijing, Shanghai and Guangzhou with life scientists and policymakers in infectious-disease hospitals, university-research labs, the Chinese Academy of Sciences, and the Ministry of Health. Zhang’s study focused on China’s governance of stem-cell research and involved interviews with scientists, ethicists and policymakers at more than 25 sites across China. Below, we set the context by describing the role of science in China’s quest to become a leading …

Truant Teaching: A Conversation With Isamu Fukui, Sara L. Schwebel

Faculty Publications

No abstract provided.