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Persuading To Comply: On The Deployment And Avoidance Of Legal Argumentation, Steven Ratner

Book Chapters

For those international actors seeking to promote respect for international law, persuasion -- the process of social interaction whereby one actor seeks to convince another to believe or do something through principled rational arguments and interactions, without any overt coercion -- is at the core of the enterprise. Yet the scholarship in international law and international relations is woefully thin on the content of such a communication of persuasion, and, in particular, on the role of legal argumentation. This paper constructs a theoretical model for determining when and how international actors deploy legal argumentation in contrast to other arguments that …

A Legal Framework For Targeted Killing, Monica Hakimi, A. Guiora

Book Chapters

I agree with much of what Professor Amos Guiora says, but I disagree with the method he uses to get there. And I believe the method matters. Guiora assesses targeting operations under an "active self-defense" paradigm, with elements from both the jus ad bellum (the law governing the use of force) and the jus in bello (the law governing the conduct of hostilities). Under Guiora's paradigm. a state may target terrorism suspects in anticipatory self-defense if: (I) targeting is proportional to their threat; (2) collateral damage is minimized; (3) alternatives to targeting are infeasible; and (4) military necessity justifies the …

The Sound Of Silence: The Legality Of The American "Kill Switch" Bill, Deborah Beth Medows

Journal of Law, Technology, & the Internet

No abstract provided.

Traditions Of Belligerent Recognition: The Libyan Intervention In Theoretical And Historical Context, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

An Empirical Assessment Of Climate Change In The Courts: A New Jurisprudence Or Business As Usual?, David Markell, J. B. Ruhl

Scholarly Publications

While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces of the vast litigation landscape. Without a complete picture of what has and has not been within the sweep of climate change litigation, it is difficult to offer a robust evaluation of the past, present, and future of climate change jurisprudence. Based on a comprehensive empirical study of the status of all (201) climate change litigation matters filed through 2010, this Article is …

Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler

Scholarly Publications

How has originalism become so politically successful? In answering this question, leading scholarship has focused on the ways in which political leaders, judges, and lawyers have cultivated popular support for originalism. In one account, legal academics, politicians, and judges have explained the legal merits of originalism as a method of interpretation: its political neutrality and its democratic legitimacy. In a second version, political leaders—in particular, the Reagan Administration and the judges it nominated—made apparent that originalism would often produce outcomes that social conservatives found satisfactory. With some exceptions, leading studies primarily address the contributions made by elites to rhetoric about …

Due Process In The American Identity, Cassandra Burke Robertson

Faculty Publications

In the last four years, public opinion polls have found an increasingly high level of public support for the methods applied in the war on terror. A significant majority of the population now expresses support for targeted killing through drone strikes and for the indefinite detention of suspected terrorists at Guantánamo Bay. While there are undoubtedly many dynamics at play in the public's changing views of national security and due process, this Article examines one piece of the puzzle: how the concept of due process fits within the structure of the American identity.

This Article examines due process and national …

Corporate Governance: The Swedish Solution, George W. Dent

Faculty Publications

Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.” By all accounts the change has been successful; no one is complaining about it.

In the United States investors have long been kept weak in corporate governance for fear that giving them a major role would damage corporations in numerous ways. The Swedish experience seems …

Wsu Research News, Winter/Spring 2012, Office Of Research And Sponsored Programs, Wright State University

WSU Research News

A twenty-one page newsletter of the WSU Research News. The WSU Research News was published monthly beginning in June of 1968 and issued by the Office of Research Development. This newsletter was created to provide information to the WSU faculty about the availability of outside funds for research and educational programs, new developments that may affect availability of funds, and general information on research and educational activities at Wright State University.

The Pre-Nsc Origins Of National Security Expertise Commentary: National Security: Response, Gregory S. Mcneal

Connecticut Law Review

America's contemporary security state-a massive bureaucracy staffed with military and civilian experts-is a dominant feature in current debates over national security policy. Few decisions regarding war and diplomacy are made without consulting executive branch experts. While many contend that the current national security bureaucracy is an outgrowth of the National Security Act of 1947 (NSC), the origins of national security expertise as a concept date back to the founding. The Founders recognized that "energy in the executive" was a key element of good government and early drafts of the Constitution even referred to a cabinetstyle government which would include a …

Religion In The Thought Of Some Of The Leading American Founders, Thomas L. Pangle

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Religious Discourse And The Reinvigoration Of American Political Life, John Robinson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Environment, Violence, And Political Change, Raimo Vayrynen

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Globalization, Ethics, And The War On Terrorism, Maryann Cusimano Love

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Weak States And Terrorist Organizations: A Proposed Model Of Intervention, Harry Borowski, Ilan Fuchs

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Counterclaims In Investor-State Arbitration, Yaraslau Kryvoi

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Politics Of Slavery And Secession In Antebellum Florida, 1845-1861, Michael Paul Mcconville

Electronic Theses and Dissertations

The political history of antebellum Florida has long been overlooked in southern historiography. Florida was a state for just sixteen years before secession set it apart from the rest of the Union, but Florida’s road to secession was as unique as any of its southern counterparts. From the territorial days in the early nineteenth century, Florida’s political culture centered on the development and protection of slavery throughout the state. The bank wars in the pre-statehood and early statehood periods reflected differing views on how best to support the spread of the plantation economy, and the sectional strife of the 1850s …

The Sacrament Of Violence: Myth And War In C.S. Lewis's Ransom Trilogy, Tanya Engelhardt

Electronic Theses and Dissertations

My primary aim for this study is to illuminate the Ransom trilogy's inherent psychological and spiritual themes, as well as demonstrate how these themes clarify Lewis's philosophical and political goals for the text. Specifically, by investigating Lewis's mythic imagery and suffering motifs in light of psychoanalytic and theological literary criticisms, I elucidate the reasoning behind Lewis's unique—and at times, horrific—portrayal of fear, violence, and death. I also investigate how Lewis integrates his theology with the horrors of personal and intrapersonal suffering, as well as how he utilizes imagination and myth to explicate the practical (or political) implications of his theodicy. …

"What Shall We Use To Fill The Empty Spaces?": Displacement In Frank Norris's Mcteague, Jennifer Bugna Lambeth

College of Graduate Studies: Theses & Dissertations

Author's abstract: McTeague, Frank Norris's Naturalistc text written in 1899, depicts the corruption of a California couple due to influences outside of their control. In positioning Trina McTeague as a woman unable to identify with either of the two major feminine ideologies of the day, the Angel in the House and the New Woman, this paper examines her identity as conflicted because of this lack of autonomy. Her failure to identify herself leads to a mental break that is reflected in the domestic spaces she inhabits. The places she lives each become smaller and dirtier reflecting her diminished mental capacity. …

Critical Bifocality And Circuits Of Privilege: Expanding Critical Ethnographic Theory And Design, Lois Weis, Michelle Fine

Publications and Research

Almost 10 years ago, in Working Method (2004), we argued for a critical theory of method for educational studies, which would analyze lives in the context of history, structure, and institutions, across the power lines of privilege and marginalization.

Pearls Of The Antilles: Printed Maps Of The Caribbean Isles, Ben W. Huseman

Virginia Garrett Lectures on the History of Cartography Gallery Guides

An Exhibition in Conjunction with the 2012 Virginia Garrett Lectures on the History of Cartography Virginia Garrett Cartographic History Library August 2012 through January 2013||Dedicated to the memory of Virginia Garrett

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Educating Lawyers For Community, Anthony V. Alfieri

Articles

This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …

Aztec Ceramic Figurines: An Analysis Of “Female Holding Child” Hollow-Rattle Figurine, Valerie Martinez

Undergraduate Student Research Awards

No abstract provided.

Heart Of Earth: Studies In Maya Ritual Cave Use Association For Mexican Cave Studies Bulletin, Vol. 23, 2012, James E. Brady

KIP Articles

This volume contains twelve papers, including discussions of the historical development of cave archaeology, some archaeological field studies, and some artifact studies.

Al-Bihani V. Obama & Congressional Testimony On Targeted Killings: Evaluating Custom As A Source Of Law In The War On Terror, Chester H.L. Hutchinson

Saint Louis University Public Law Review

No abstract provided.

Hal W. Trovillion's Role In Preserving The History Of "Bloody Williamson", Melissa A. Hubbard

Articles

This article examines the efforts of Hal W. Trovillion, newspaper editor and private printer, to document the controversial history of his southern Illinois coal mining town in the early twentieth century. As a historical case study, it explores some of the challenges inherent in preserving original documents and cultural knowledge without institutional support, and with active interference from community members who worked to suppress information. Trovillion used his printing presses and contacts in the historical community to ensure that the turbulent events occurring in his town in the 1920s would be preserved in the archival record.

Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora

Georgia Law Review

Ten years after the 9/11 terrorist attacks, questions
remain regarding the relationship between human rights
and counterterrorism. The historical track record of the
Executive Branch, Supreme Court, and Congress in this
vein is troubling. While the contradiction suggested in
this Essay's title need not be the case, it is, nevertheless,
the persistent reality in American history.
This Essay assesses the current relationship between
human rights and counterterrorism. In doing so, it
reflects on wartime measures implemented by presidents
throughout U.S. history and recommends a way forward
that facilitates more effective protection of human rights

without impinging on legitimate national security …

Postmodern Censorship Of Pacifist Content On Television And The Internet, Hannibal Travis

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Recognizing The Interests Of The Public In Broadcast Programming, Don R. Le Duc

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.