Digital Commons Network^™

Privileging Asymmetric Warfare? Part I: Defender Duties Under International Humanitarian Law, Samuel Estreicher

Faculty Articles

This article is part of a three-part series addressing the question whether the law of armed conflict, also called international humanitarian law (HL), privileges a form ofguerrilla warfare y nonstate actors that is often conducted in violation of these laws and in the process endangers civilians, in pursuit of a strategy of inviting a response from their opponents that helps them enlist additional recruits and international support. The strategy, rationalfrom the standpoint of the guerrilla forces, derogates signficanty from the law's overall objective of minimiing harm to civilian populations. The articles in this series approach this question of asymmetry by …

Privileging Asymmetric Warfare (Part Ii)?: The "Proportionality" Principle Under International Humanitarian Law, Samuel Estreicher

Faculty Articles

The laws of war are undergoing a fundamental transformation. The first step was the unmooring of the obligations of states and armies from the binds of reciprocity-the prospect that violations should be avoided because they will result in comparable reprisals from the other side-that began with the Geneva Conventions of 1949 and culminated in the 1977 Additional Protocols (AP I and II). The second major step-still an ongoing process-has been to substitute for the threat of reprisals the grounding of these obligations in enforceable, positive law. What started haltingly with the promulgation of several 'grave" offenses in Geneva has-with the …

Why The Center Does Not Hold: The Causes Of Hyperpolarized Democracy In America, Richard H. Pildes

Faculty Articles

Politics as partisan warfare: that is our world. Over the last generation, American democracy has had one defining attribute: extreme partisan polarization. We have not seen the intensity of political conflict and the radical separation between the two major political parties that characterizes our age since the late nineteenth century. Within Congress, the parties have become purer and purer distillations of themselves. The parties are now more internally unified, and more sharply differentiated from each other, than anytime over the last 100 years. Moreover, this polarization is not limited to those in office. Over the last generation, there has been …

A Course Unbroken: The Constitutional Legitimacy Of The Dormant Commerce Clause, Barry Friedman, Daniel T. Deacon

Faculty Articles

The article focuses on the dormant commerce clause, which prevents states from regulating interstate commerce due to the constitutional jurisdiction of the U.S. federal government. Information is provided on the U.S. Supreme Court's interpretation of the clause and the constitutionality of federalist protections against states' rights.

The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist

Saint Louis University Public Law Review

In order to fathom the theoretical shape of the American national security constitutional system, and to appreciate how that system should be shaped in the future, it is vital to conceptualize the legal field of American national security law as the interaction of four constitutive dimensions. Initially the factual context involves two overarching general concerns: first, the maintenance of the Nation’s strategic advantage over challengers, competitors, and threats to America’s future; and second, the remarkable strategic responsibility of presidents of the United States to deftly shift from one serious, potentially catastrophic, crisis to the next. The second dimension is the …

“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth

Saint Louis University Public Law Review

No abstract provided.

Modeling Cpu Utilization And Network Traffic In A Distributed Interactive Simulation System Using Discrete Event Simulation, Shreyas Shridhar Purohit

Theses

No abstract provided.

Noah's Curse: How Religion Often Conflates Status, Belief, And Conduct To Resist Antidiscrimination Norms, William N. Eskridge Jr.

Georgia Law Review

Today, many devout Christian fundamentalists support
some state discrimination against gay people, on the
ground that full equality for gays would mean fewer
liberties for themselves. In its recent controversy with a
public law school, the Christian Legal Society argued that
it was entitled to state subsidies even though it violated
the school's antidiscrimination policy. The Society said it
excluded only "unrepentant homosexuals"-those gay
persons whose "immoral" conduct and degraded status
were directly linked to what the Society considered an
anti-Christian message.
Professor Eskridge demonstrates that the same clash
between equality for minorities and liberty for Christian
fundamentalists played out …

Freedom Thwarted Israel's Illegal Attack On The Gaza Flotilla, George Bisharat, Carey James, Rose Mishaan

Faculty Scholarship

No abstract provided.

History In The Making (Volume 4), Csusb - Alpha Delta Nu Chapter Of The Phi Alpha Theta National History Honor Society

History in the Making

No abstract provided.

Dying For The Bonds Of Marriage: Forced Marriages As A Weapon Of Genocide, Carmel O'Sullivan

UC Law SF Journal on Gender and Justice

For centuries, women have been "spoils of war." In some corners of the world, forced marriage remains a method of extermination, and rape and sexual violence against women are still the inevitable consequences of armed conflict. Amidst significant recent advances in protecting women during war, forced marriages have been recognized as a crime against humanity. However, this recognition is limited and does not address the gravity of forced marriages. This Article seeks to draw attention to the practice of forced marriages as an instrument of genocide and, thus, a "heinous reality that calls for a historic response." As the landmark …

Impacts Of Different Forest Tree-Harvest Methods On Diets And Populations Of Insectivorous Forest Bats, Megan K. Caylor

All-Inclusive List of Electronic Theses and Dissertations

The Hardwood Ecosystem Experiment (HEE) in central Indiana presents an excellent opportunity to study species reactions to different forestry practices: clearcutting, shelter wood cutting, and single tree selections. This project focuses on the differences in the populations and diets of the various insectivorous bat species in the HEE management units. Bats studied were Myotis septentrionalis, Lasiurus borealis, Eptesicus fuscus, Perimyotis subflavus, Myotis sodalis, Myotis lucifugus, and Lasionycteris noctivagans. Since insectivorous bats do not simply eat whatever is available, and I hypothesize that the diets of these bats will not change despite their changing environment and changing populations. To test these …

Cross Correlation Method For Measuring Amplitude Modulation (Am) And Phase Modulation (Pm) Noise, William F. Crespo

All-Inclusive List of Electronic Theses and Dissertations

No abstract provided.

What Highly Effective Leaders Do During Difficult Times, Michael Louis Raisor

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to determine what the most highly effective leaders do during difficult times to be successful. The backdrop of the study was the 2009 $300 million cuts to the Indiana K-12 education budget, a uniform crisis that affected all 293 public school districts at the same time. The subjects in this study were those identified as the most highly effective public school superintendents in the state of Indiana. Education authorities across the state were polled and provided recommendations. The results were tabulated and five superintendents distinguished themselves as outliers among their peers. On-site structured interviews …

The Great Task Remaining Before Us: Reconstruction As America's Continuing Civil War, Brian Kelly

Civil War Book Review

Understanding the Unfinished Revolution

Historians continue to debate the degree to which the new freedoms won by former slaves through emancipation were obliterated by conservatives’ return to power across the ‘redeemed’ South, but few would deny that in its protracted and formidable a....

Border War: Fighting Over Slavery Before The Civil War, Harold D. Tallant

Civil War Book Review

Repositioning the Cause of the Civil War

According to Stanley Harrold’s important new book, Border War: Fighting over Slavery before the Civil War, from nearly the moment of its birth, the United States was home to a “border war" along the boundary separating North and South. Th....

From Battlefields Rising: How The Civil War Transformed American Literature, Cynthia Wachtell

Civil War Book Review

Understanding how War Influences Literature

Randall Fuller’s From Battlefields Rising focuses upon the northern literary luminaries of the Civil War era. The work, though, is no dry scholarly treatise or exercise in abstruse literary criticism; instead, Fuller delivers an engagin....

We The Peoples Of The United States Of America: Constituting American Identities Through Pluralism And Narrative, Michael .. Yohai

Honors Theses

W. E. B. DuBois writes in his 1897 essay, “The Conservation of Races,” that every black person living in America must, sooner or later, ask herself the following question: “What , after all, am I? Am I an American or am I a Negro? Can I be both? Or is it my duty to cease to be a Negro as soon as possible and be an American?”1 DuBois’ question, “Can I be both?” still lingers for blacks and other non‐white groups in America. However, the racial demographic reality of the America is changing and with it, the connotations of the …

Utb/Tsc Commencement – Winter 2011, University Of Texas At Brownsville, Texas Southmost College

Brownsville Archives - Legacy Commencement Programs

No abstract provided.

What Synthetic Genomes Mean For Our Future: Technology, Ethics, And Law, Interests And Identities, Thomas H. Murray

Valparaiso University Law Review

No abstract provided.

End Of The Beginning Or Beginning Of The End? Synthetic Biology's Stalled Security Agenda And The Prospects For Restarting It, Stephen M. Maurer

Valparaiso University Law Review

No abstract provided.

Property's Morale , Nestor M. Davidson

Faculty Scholarship

A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled demoralization costs. Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …

Foreclosing On The Federal Power Grab: Dodd-Frank, Preemption, And The State Role In Mortgage Servicing Regulation, Kurt Eggert

Chapman Law Review

No abstract provided.

Dodd-Frank As Maginot Line, Steven A. Ramirez

Chapman Law Review

No abstract provided.

Distorted Domesticities: Hawthorne And The Democratic Domestic Sphere, John Stromski

Masters Theses

No abstract provided.

Gonna Party Like It's 1899: Party Systems And The Origins Of Varieties Of Coordination, Cathie Jo Martin, Duane Swank

Political Science Faculty Research and Publications

No abstract provided.

Penetration Of Zigbee-Based Wireless Sensor Networks, Michael N. Johnstone, Jeremy A. Jarvis

Australian Information Warfare and Security Conference

Wireless Sensor Networks are becoming popular as a simple means of collecting data by public utilities, motor vehicle manufacturers and other organisations. Unfortunately the devices on such networks are often insecure by default, which presents problems in terms of the integrity of the data provided across those networks. This paper explores a range of attacks that were successful on a network consisting of nodes using the ZigBee protocol stack and proposes defences that can be put in place to circumvent these attacks thus leading to more secure systems and increasing user confidence.

The Experiences Of Indigenous Australian Psychologists And Higher Education, Shaun Cameron

Theses : Honours

Disparities exist between Indigenous Australians and non-Indigenous Australians on indicators of life expectancy, alcohol and drug use, adult and juvenile incarceration, and rates of hospitalisation for self-harm, suicide, and mental and behavioural disorders due to psychoactive substance use (Australian Human Rights Commission, 2008; Commonwealth of Australia, 2011). Psychology is a discipline that can assist in remedying these issues, yet disparities are evident in Indigenous participation in higher education generally, as well as within tertiary psychology education specifically (Jones, Dudgeon, & Kelly, 2010). Ten Indigenous Australian psychologists were interviewed to investigate possible barriers and enablers for Indigenous students studying psychology. Hermeneutic …

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

Following a brief history of prior versions of the relevant Standards in Part I, Part II describes the current draft of the proposed Prosecution and Defense Functions, focusing on new requirements for candor, civility, and cooperation. The article concludes that the proposed revisions represent a healthy step toward a more reliable, trustworthy, and efficient criminal justice system. The revisions explicitly recognize the central, powerful, and multidimensional role of the prosecutor and attempt to respond accurately and realistically to the needs and demands of that role. As the drafting and approval process continues, certain specific areas need greater clarification and thus …

Consumer Casualties, Amy J. Schmitz

Faculty Publications

On July 21, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank),' which among other things calls for creation of the Consumer Financial Protection Bureau (CFPB) to serve as a centralized agency charged with protecting consumers from lending abuses and improper practices. The question is when and whether this agency will come to fruition-or suffer as a casualty of political warfare.