Digital Commons Network^™

The Psychic Costs Of Violating Corruption Laws, Philip M. Nichols

Vanderbilt Journal of Transnational Law

Understanding corruption is imperative for legal scholarship, both as an intellectual subject and because corruption impedes the operation of law in much of the world and inflicts damage on well-being, governance, and quality of life. Legal scholars have contributed substantial quantitative research on corruption; this paper adopts a qualitative methodology. The similarities and differences between Singapore and Malaysia present opportunities for research. Interviews with discussants in those two countries indicate a real difference in the degree to which corruption laws have been internalized. Differences in the degree of internalization suggest differences in the psychic costs imposed by violation of corruption …

International Competition For Satellite-Based Navigation System Services, Robert F. Donnelly

Graduate Program in International Studies Theses & Dissertations

The goal of this work is to review the current state of Global Navigation Satellite System (GNSS) development and its potential impact on the social, economic, and political dynamics of the various states fielding the systems. The most recognizable GNSS is the US GPS. It is the only operational system functioning at the time of this writing and has become part of the global commons. GPS, by virtue of its uniqueness, is considered the 'gold standard' of satellite based positioning, navigation, and timing systems. This uniqueness has also enabled the US to fully capitalize on the sizable economic dividends gained …

The Bosnian War And The New Great Game: A Case Study In Strategy And Diplomacy, Sarah Maurizi

All Theses and Dissertations (ETDs)

No abstract provided.

A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz

Vanderbilt Journal of Transnational Law

The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community's inconsistent response to human shields has placed shield users on an intermittent reinforcement schedule, thereby ensuring that this tactic remains part of insurgent strategy. Long-term protection of civilians requires eliminating this tactic. Principles of behavior science indicate that an effective way to do so is to uniformly remove its …

Law And Development As Anti-Comparative Law, Jedidiah Kroncke

Vanderbilt Journal of Transnational Law

This Article asserts that during the twentieth century, American law has predominantly structured its relationship to foreign legal experience through a set of ideas and practices known as "law and development," which is irredeemably antithetical to the practice of comparative law. Centrally, law and development is built on the assumption that American law can be exported abroad to catalyze foreign legal development. The dismal record of such efforts has remained paradoxically popular while the field remains locked in repeating cycles of failure and optimism.

This Article demonstrates that the history of law and development's failures is far older than has …

How Can A Program Similar To Rewards For Justice Be Established That Offers Rewards For Information Related To The Financiers Or Key Leaders Of Pirate Organizations?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Piracy And International Humanitarian Law, Matthew Langton

War Crimes Memoranda

advised/reviewed by Laurie Blank

Can The Seychelles Criminalize Possession Of Piratical Equipment, And Apply It To Foreign Nationals Found Outside Of The Seychelles Under Either Universal Or Protective Jurisdiction?, Vijyalakshmi Patel

War Crimes Memoranda

No abstract provided.

International And Canadian Law Rules Applicable To Cyber Attacks By State And Non-State Actors, Matthew E. Castel

Canadian Journal of Law and Technology

This essay, which contains a broad ranging overview of several important issues raised by the recent number of cyber attacks in Canada and elsewhere, begins with a definition of cyberspace and cyber war. It is followed by a brief survey of some cyber attacks that have occurred in Canada and elsewhere in recent years. The first part addresses the question whether present rules of international law applicable to armed attacks using kinetic weapons apply to the wide notion of cyber attacks by a state actor against the government and critical civilian infrastructures of another state and concludes that they do. …

Strengthening The Role And Capacities Of Kosovo Institutions For Effective Implementation Of Legislation, Sadete Demaj

Theses

Not provided.

Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul Williams, Anna Triponel

Scholarly Articles in Law Reviews & Journals

The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader. This chapter examines the …

Lynn University Scholar 2012, Lynn University

Honors Journals

Lynn University Scholar: The International Journal of the Honors Program

International Humanitarian Law Of Armed Conflict: A Critical Annotated Bibliography For Collection Development, Madeline Cohen

Publications and Research

This article is an annotated bibliography of selected monographs published from 2001 through 2012 in the fields of International Humanitarian Law of Armed Conflict (Laws of War) and International Human Rights Law. The aim is to provide a collection development guide for librarians and scholars in this area of international law. Key topics that are covered are: Internal conflicts, asymmetric warfare, laws of war, humanitarian intervention, treatment of insurgents, non-international armed conflict, targeted killings, terrorism, drones, robotics.

A Planning Tool To Predict The Welding Angle In Laser Metal Deposition, Sriram Prabhu

Masters Theses

"Research in Laser Metal Deposition (LMD) has been done rigorously in the past. However, the main challenge that still exists is the production of complex part geometries having overhang features. Production of such features requires individual tracks with a high aspect ratio and wider bead angle. The use of destructible/ non-destructible support structures involves costly post production operations which increase production cost. Tilting or moving the deposition surface can be useful to create overhangs but are applicable only to special cases. Since such techniques have to be used by the manufacturing community, the techniques need to be simple in calculation …

Identifying U.S. First Ladies Involved With Child And Youth Serving Organizations, Greta A. Johnson

Graduate Research Papers

The purpose of this study is to identify how U.S. First Ladies have significantly impacted child or youth programs and causes. This will cover six First Ladies from the 1900's to the present which include: 1) Lou Hoover; 2) Lady Bird Johnson; 4) Nancy Reagan; 3) Barbara Bush; 5) Laura Bush; and 6) Michelle Obama.

Strontium Isotope Systematics Of Mixing Groundwater And Oil-Field Brine At Goose Lake In Northeastern Montana, Usa, Zell E. Peterman, Joanna N. Thamke, Kiyoto Futa, Todd M. Preston

United States Geological Survey: Staff Publications

Groundwater, surface water, and soil in the Goose Lake oil field in northeastern Montana have been affected by Cl^- rich oil-field brines during long-term petroleum production. Ongoing multidisciplinary geochemical and geophysical studies have identified the degree and local extent of interaction between brine and groundwater. Fourteen samples representing groundwater, surface water, and brine were collected for Sr isotope analyses to evaluate the usefulness of ⁸⁷Sr/⁸⁶Sr in detecting small amounts of brine. Differences in Sr concentrations and ⁸⁷Sr/⁸⁶Sr are optimal at this site for the experiment. Strontium concentrations range from 0.13 to 36.9 mg/L, …

The Humanitarian And Human Rights Duties Of The United Nations Security Council, George E. Weber

University of Baltimore Journal of International Law

International intervention has increased in recent history for the abuses of humanitarian law and human rights. This article reflects on the history of human rights and humanitarian law reasoned interventions authorized by the United Nations Security Council and examines whether a duty now exists in international law for future action. The question of whether a duty exists, and the legal repercussions of failing to exercise that duty, is of paramount importance to international law. Whether the duty currently exists or is currently developing, the analysis that follows will show why the Security Council should have the duty of intervention and …

Experimental Investigations Of Pseudospark Discharge And Pseudospark Produced Intense Electron Beams, Jing Hu

Doctoral Dissertations

"This dissertation focuses on the pseudospark discharge, a pulsed discharge discovered for the first time in 1970's. This dissertation is prepared as three journal articles in the style used by Missouri University of Science and Technology. A high voltage pseudospark discharge experiment setup, and discharge and electron beam diagnostic system are constructed and presented in this work. Three journal articles which have been published or are under review are presented in this dissertation on various topics of the pseudospark discharge.

Paper 1 "Experimental investigation of formation time in single-gap pseudospark discharge" is focused on experimental investigations of the time-dependent characteristics …

Strange Bedfellows: The Convergence Of Sovereignty-Limiting Doctrines In Counterterrorist And Human Rights Discourse, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

It is hard to imagine two groups with less in common than national security hawks and human rights activists. They represent different cultures with different views on the use of force, the role of rights, and the constraining power of international law. Yet despite their differences, the two groups seem to be converging on an understanding of state sovereignty as limited and subject to de facto waiver—an understanding that appears to legitimize military inter­ventions even in the absence of state consent and Security Council authorization.

This convergence is reached via different routes in each community: for the national security community, …

Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman

Faculty Scholarship

No abstract provided.

Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap

Faculty Scholarship

No abstract provided.

Finding International Law, Part Ii: Our Fragmenting Legal Community, Harlan G. Cohen

Faculty Scholarship

Is there an “International Community?” This Article suggests that there is not, that the oft-discussed fragmentation of international law reveals that there are in fact multiple overlapping and competing international law communities, each with differing views on law and legitimacy.

This Article reaches this conclusion by taking a fresh look not only at the sources of fragmentation, but at the sources of international law itself. Building on earlier work rethinking international law’s sources and drawing insights from legal philosophy, compliance theory, and international relations, this Article takes a closer look at three areas that have challenged traditional interpretations of international …

Supranational Diversity: Why Federal Courts Should Have Diversity Jurisdiction Over Cases Involving Supranational Organizations Like The European Union, John T. Dixon

Georgia Law Review

The federal diversity statute grants alienage jurisdiction
to "foreign citizens" and "foreign statutes," allowing them

to bring state-law claims against U.S. citizens in federal
'court. When the European Community (EC), an
intergovernmental organization of European states, sued
an American corporation for state-law violations, for the
first time a federal court had to determine whether the EC
qualified as a foreign state. The EC argued that it was
essentially a foreign state for the purposes of alienage
jurisdiction. Relying on the definition of foreign state in
the Foreign Sovereign Immunities Act of 1976 (FSIA),
which the diversity statute references, the court …

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Faculty Scholarship

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …

The Value Of Modeling And Simulation Standards, Andrew J. Collins, David Meyr, Solomon Sherfey, Andreas Tolk, Mikel Petty

VMASC Publications

In the current economic climate, there is a requirement to justify all government spending by demonstrating the added-value that the expenditure gives. Modeling and Simulation (M&S) community is not exempted from this rule. This paper focuses on attempts to value standards and demonstrates that even though a myriad of different standards exist in the United States today, no one has "cracked the nut" on determining their value. This does not mean that standards are without value. The paper highlights their importance to our society and human development as a whole. Thus if we cannot give a value to M&S standards, …

The Law Of Cyber-Attack, Rebecca Crootof, Oona A. Hathaway

Law Faculty Publications

Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be treated as acts of war. Yet the attacks look little like the armed attacks that the law of war has traditionally regulated. This Article examines how existing law may be applied-and adapted and amended-to meet the distinctive challenge posed by cyber-attacks. It begins by clarifying what cyber-attacks are and how they already are regulated by existing bodies of law, including the law …

The Security & Development Nexus, Manizha Sayar

Dissertations and Theses

In the 21st century the need for conflict and post-conflict reconstruction efforts have increased since a number of conflicts in Asia, Africa and Eastern Europe necessitated the building of newly-democratized states while aiming to achieve security and promoting development. The difficulties that arise when helping to reconstruct states that have failed or those approaching a “failed state” status is that they are neither stable nor have a secure environment which prevent the opportunity for economic development, despite reconstruction efforts. These are the most difficult of situations due to the interconnectedness and direct correlation of the two significant criterions for established …

Does Democratic Peace Theory Apply To Small Powers? A Case Study Of Turkey And Israel, Robert Lattin

Dissertations and Theses

This thesis hypothesizes that shared democratic values and institutional constraints, proposed as explanations by Democratic Peace Theory (DPT), should in theory prevent small powers from engaging in physical conflict. However, because these democracies are small and developing, these constraints may not influence outcomes in the same way as they do in larger and more developed powers. To test this hypothesis, a dyadic case study was conducted of the relationship between Turkey and Israel. Specific focus was given to two related events, both of which could have resulted in a physical conflict between the two countries: the May 2010 Flotilla incident …