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Journal Of Mormon History Vol. 37, No. 4, Fall 2011

Journal of Mormon History

LETTERS

--Mission Harvest in Rural Britain Polly Aird, vi

--More on McNemar Christian Goodwillie, viii

--Updated Documentation Gary James Bergera, ix

ARTICLES

--Opposing the “High Ecclesiasts at Washington”: Frank J. Cannon’s Editorial Fusillades during the Reed Smoot Hearings, 1903–07 Michael Harold Paulos, 1

--“The Modern Mormon Kingdom”: Frank J. Cannon’s National Campaign against Mormonism, 1910–18 Kenneth L. Cannon II, 60

--“War and Confusion in Babylon”: Mormon Reaction to German Unification, 1864–80 Zachary R. Jones, 115

--American Prophets: Mark Twain and Joseph Smith Revisited Nicole Amare and Alan Manning, 151

--Transgression in the Latter-day …

"The Universal Alliance Of All Peoples": Romantic Socialists, The Human Family, And The Defense Of Empire During The July Monarchy, 1830-1848, Naomi J. Andrews

History

This article documents the procolonial rhetoric among romantic socialists in France during the July Monarchy (1830-48), demonstrating its pervasiveness. It argues that these years must be highlighted as key to the transition from eighteenth-century universalist ideas of humanity toward taxonomies of national, racial, and sexual difference that underpinned the rationale of empire in the second half of the nineteenth century. It explores the views on colonialism espoused by socialists such as Etienne Cabet, Pierre Leroux, Constantin Pecqueur, and Jean Reynaud; situates them in the broad socialist consensus on empire; and demonstrates the relationship between these men's socialism and their colonialism. …

Export Controls And Economic Sanctions, Michael L. Burton, Kara M. Bombach, Dan Fisher-Owens, Stephanie Brown Cripps, J. Daniel Chapman, John Boscariol, Paul M. Lalonde, Cyndee Todgham Cherniak

The International Lawyer

No abstract provided.

Book Review: Mao Zedong And China In The Twentieth-Century World, Jeremy Tai

China Beat Blog: Archive 2008-2012

Mao Zedong may no longer be the sublime object of desire in China, but in recent decades his image has been continuously invoked and consumed in countless guises – both familiar and new – ranging from pop art portraits to the ubiquitous face of Chinese banknotes, from Cultural Revolution kitsch to the ObaMao souvenirs currently found in tourist traps around China. The reproduction of Mao in his various postmodern manifestations suggests a loss of meaning and depoliticization; at the same time, however, the deep-seated clash between sentimental and polemical cultural representations also makes clear that there is still much at …

Iqbal Signals Bivens’ Peril: A Call For Congressional Action, Megan Gephart

Fordham Urban Law Journal

This Note examines the propriety of a statutory replacement for the Bivens action. Part I of this Note outlines the history of implied causes of action generally, including the shifting attitude of the Court toward its power to fill gaps through the use of implied causes of action, as well as the Court’s attitude toward the Bivens action specifically. Part II examines the arguments for and against the adoption of a statutory replacement for Bivens in the context of the United States post-9/11. Part III contemplates a statutory replacement for Bivens, which would strike a balance between deterring rogue government …

Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum

Global Business Law Review

This article will discuss the emerging trend of Americanization of international arbitration. As American companies and law firms become more involved in international arbitration, the process has developed to include some of the procedural techniques common to the American courtroom. But other aspects of American litigation are not part of the process. Has this made international arbitration a more effective means of resolving disputes? What should American companies and their lawyers know about the process in order to participate successfully?

Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau

Global Business Law Review

Professor Carbonneau will discuss the possible impact of recent United States Supreme Court decisions on international arbitration. The opinions he will refer to could indicate a reversal of the Court’s position on arbitration that would undermine arbitration’s prominence as a means of resolving international commercial disputes. He will then discuss the negative effects international commerce could experience as a consequence.

Puzzling About State Excuses As An Instance Of Group Excuses, François Tanguay-Renaud

Comparative Research in Law & Political Economy

Can the state, as opposed to its individual human members in their personal capacity, intelligibly seek to avoid blame for unjustified wrongdoing by invoking excuses (as opposed to justifications)? Insofar as it can, should such claims ever be given moral and legal recognition? While a number of theorists have denied it in passing, the question remains radically under-explored. In this article (in its penultimate draft version), I seek to identify the main metaphysical and moral objections to state excuses, and begin to investigate their strength. I work from the ecumenical assumption that general understandings of modern states as group moral …

English Priories And The Reign Of Edward Iii, Benjamin Peterson

Honors Capstones

This paper examines the seizing and treatment of the alien priories in England during the first phase of the Hundred Year's War (1337-1360). Using English contemporary government finance records called the Calendar of Fine Rolls, I argue that the Crown's interference with the priories during this time was necessitated by the needs of the war. The argument has three main points. The first looks at changes in priory tax rates, calledfarms, and the second examines the custodianship arrangements imposed on the priories by the crown. The third point takes the information from the previous points and places it in the …

Refocusing Intelligence: Keeping Intelligence Relevant Beyond The Global War On Terrorism, Robert Kollas

Honors Capstones

Historically, the intelligence community has been unprepared to meet emerging threats. This is due to intelligence focusing on current and past threats rather than being oriented towards the future. The attacks on 9/11 and subsequent war on terrorism only cemented this fact. This study looks at the history of intelligence to reveal this pattern along with relevant reforms to the intelligence community. Unfortunately, the current reforms only meet the needs of the current issues facing the intelligence community without preparing the community for the future. Looking at potential threats faced by the nation, the potential shortfalls in intelligence become known. …

The Rise And Demise Of The Collective Right Interpretation Of The Second Amendment, David T. Hardy

Cleveland State Law Review

This article explores the origins of the two competing theories of the Second Amendment -- the "individual rights" approach which carried the majority in Heller and McDonald, and the variants of a "collective right" theory which was previously dominant in the lower courts, and one variant of which was endorsed by the Heller dissents. Careful analysis of states' bills of rights of the Framing period suggests that two guarantees were desired, by different political factions. Framers closely adhering to the Classical Republican point of view favored protection for the militia as a system; those favoring the emerging Jeffersonian point of …

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Cleveland State Law Review

This article attempts to carve a path between the two sides in this autonomy war. It begins by bringing into dialogue with each other four of the most influential legal philosophers of our day: Joseph Raz, Ronald Dworkin, John Finnis, and Robert George. Each of these four scholars makes bold and instructive claims about the value and limits of personal autonomy. The article then examines several different areas of state law where one might expect a principle of autonomy to be implicated, and articulates six important lessons that one can glean from state law about the relationship between personal autonomy …

Hardiness As A Predictor Of Success For Marine Corps First Responders In Training, Jason James Bogden

Walden Dissertations and Doctoral Studies

Military personnel and first responders operate in complex operational environments, and must be able to perform under physical, psychological, and emotional stress. Research suggests that resiliency assuages stress and improves the performance of military personnel and first responders. However, there are no studies examining the effects of resiliency on military first responders in training. The purpose of this research was to determine whether the dispositional hardiness traits of commitment, control and challenge displayed by Marine aircraft rescue and firefighting (ARFF) specialist trainees correlated to success in classroom performance, success during practical exercises, higher graduation rates. The theoretical foundation for this …

Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley

Fordham International Law Journal

On January 14, 2010, four Hellfire missiles fired from an unmanned aerial vehicle (“drone”) slammed into a compound in Pakistan’s South Waziristan region, killing ten people. Hakimullah Mehsud, leader of Tehrik-e-Taliban Pakistan (“TTP”), was the reported target of the strike. Already the eighth US drone attack in Pakistan in 2010, these strikes followed two consecutive years of dramatically increased drone activity within Pakistan. Despite a high degree of media and scholarly interest in the United States’ use of drones in Pakistan, little attention has focused on whether the United States is engaged in an armed conflict in Pakistan, as defined …

The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere

Fordham International Law Journal

Global governance rests on the exercise of public authority by a myriad of actors. In the international order, the more powers and influence these actors acquire, the more their legitimacy proves to be controversial. It is submitted here that the legitimacy of international, regional, and domestic actors that partake in global governance—those considered here as global actors—must be appraised from a two-fold standpoint. Their legitimacy can first be gauged through the lens of the origin of their powers. This is what this Article calls the legitimacy of origin. The origin of the power may often prove an insufficient indicator of …

Yes We Should: Why The U.S. Should Change Its Policy Toward The 1997 Mine Ban Treaty, Rachel Good

Northwestern Journal of Human Rights

Since the 1997 Mine Ban Treaty was signed, many states, including the United States, have undergone a wide-scale shift in their policies and practices with regard to landmines. While the Mine Ban Treaty has yet to reach the level of customary international law, there is significant indication that an obligation to eliminate landmines is emerging. Considering these developments in state behavior, the question becomes whether the United States should now join the treaty. When the United States decided not to sign the treaty in 1997, it cited the military utility of the weapon as the primary reason. This comment argues …

Mission Creep In Military Lawyering, Elizabeth L. Hillman

Case Western Reserve Journal of International Law

No abstract provided.

A New Twist On An Old Story: Lawfare And The Mixing Of Proportionalities, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain

Case Western Reserve Journal of International Law

No abstract provided.

Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

It is remarkable that in less than two years so many significant developments have taken place that concern the United States and the struggle against transnational terrorism. Perhaps the three most significant are as follows: (1) the Obama administration’s failure to reject wholesale the Bush-Cheney administration’s counterterrorism policies and practices; (2) the popular revolts sweeping the Arab world, often referred to as the “Arab spring”; and (3) the US Navy Seals killing Osama bin Laden in Abbottabad, Pakistan.

Open Robotics , M. Ryan Calo

Maryland Law Review

No abstract provided.

Imprisonment Without Trial, Owen Fiss

Tulsa Law Review

This article was presented at the 2011 Symposium honoring the Hon. Aharon Barak.

Limits On The Giant Leap For Mankind: Legal Ambiguities Of Extraterrestrial Resource Extraction, David Johnson

American University International Law Review

No abstract provided.

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

Articles

No abstract provided.

The Origins Of American History In The Early Modern English Atlantic World, Ian J. Aebel

Doctoral Dissertations

This dissertation is the story of how the English wrote the history of America between c. 1500 and c. 1700. Utilizing printed and manuscript sources, it argues that writing American history allowed English writers to navigate, negotiate, and contest the terms of a developing Atlantic empire. In doing so, the English created a vision of America to compete with the dominant Spanish narrative by the end of the seventeenth century.

The existence of America gave the English an opportunity to explore the prospect of overseas empire. After the Columbian encounter, English thinkers and writers transformed their historical methodology to accommodate …

The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

There are currently well over ten million underwater homeowners whose mortgage obligations exceed the current value of their houses, with an aggregate negative equity position of at least $800 billion and possibly over $1 trillion. The overwhelming majority of these persons continue to make their mortgage payments even though for many their interests would be better served by defaulting. This is therefore an unstable situation that could suddenly erupt with a rapid cascade of millions of strategic defaults, potentially triggering severe macroeconomic dislocations. It is urgent that this situation be defused through the modification of the mortgages of a large …

Dynamic Response And Damage Evolution Of Composite Materials Subjected To Underwater Explosive Loading: An Experimental And Computational Study, James Leblanc

Open Access Dissertations

The dynamic response and damage evolution of composite materials subjected to underwater explosive loading has been studied. The study utilizes both experimental and numerical techniques to aid in the understanding of the behavior of these materials under shock loading conditions. The objective of the project is to develop a better understanding of the response of composite materials when subjected to shock loading conditions leading to more efficiently designed structures. The focus of the work is on performing high fidelity experiments under controlled shock loading and corresponding finite element simulations of the experiments. The work is divided into three phases, each …

Responses To The Ten Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Perspectives For Cyber Strategists On Law For Cyberwar, Charles J. Dunlap Jr.

Faculty Scholarship

The proliferation of martial rhetoric in connection with the release of thousands of pages of sensitive government documents by the WikiLeaks organization underlines how easily words that have legal meanings can be indiscriminately applied to cyber events in ways that can confuse decision makers and strategists alike. The WikiLeaks phenomenon is but the latest in a series of recent cyber-related incidents––ranging from cyber crises in Estonia and Georgia to reports of the Stuxnet cyberworm allegedly infecting Iranian computers––that have contributed to a growing perception that “cyberwar” is inevitable, if not already underway. All of this generates a range of legal …

An International Quiet Ocean Experiment, Ian L. Boyd, George Frisk, Ed Urban, Peter Tyack, Jesse Ausubel, Sophie Seeyave, Doug Cato, Brandon Southall, Michael Weise, Rex Andrew, Tomonari Akamatsu, René Dekeling, Christine Erbe, David Farmer, Roger Gentry, Tom Gross, Anthony Hawkins, Fenghua Li, Kathy Metcalf, James H. Miller, David Moretti, Cristian Rodrigo, Tomio Shinke

Graduate School of Oceanography Faculty Publications

The effect of noise on marine life is one of the big unknowns of current marine science. Considerable evidence exists that the human contribution to ocean noise has increased during the past few decades: human noise has become the dominant component of marine noise in some regions, and noise is directly correlated with the increasing industrialization of the ocean. Sound is an important factor in the lives of many marine organisms, and theory and increasing observations suggest that human noise could be approaching levels at which negative effects on marine life may be occurring. Certain species already show symptoms of …