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The Faculty Workshop, Pierre Schlag

Publications

This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”

Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.

Journal Publications

This article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws …

When Is A Corporation A Person - When It Wants To Be - Will Kiobel End Alien Tort Statute Litigation, Peter Henner

Wyoming Law Review

No abstract provided.

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.

Dangerous Research: Threat Of Bioterrorism Creates Need For New Precautions, Ramya Singireddy

Inquiro (undergraduate research journal)

pp. 7-8

Principles For Passion Killing: An Evolutionary Solution To Manslaughter Mitigation, D. Barret Broussard

Emory Law Journal

The law recognizes the frailty of human nature by mitigating murder to manslaughter when committed in the heat of passion or under extreme emotional disturbance. Evolutionary analysis entails the scientific study of the principles of human nature. Yet, the law's understanding of human nature is not congruent with evolutionary analysis. To be legally provoked under common law for manslaughter mitigation, a homicide must be in response to one of four kinds of provocation: adultery, mutual combat, false arrest, and violent assault. And under adultery, only sexual infidelity counts. Sexual infidelity is not the only type of infidelity that can push …

In Brief

In Brief

Table of Contents

• School of Law Leads in U.S.-China Legal Education with China Program
• "Lonesome Road": Driving Without the Fourth Amendment
• Faculty, Students and Alumni Play Major Role in Historic Trial
• Professor Receives First NIH Grant to Study the Use of Genetic science by the Military (Mehlman)
• Breaking the Cycle of Unequal Treatment with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias (Yearby)
• FUSION Program at the Forefront of Intellectual Asset Management and Technology-Based Economic Development
• Forging Professional Readiness -- The Role of Externs
• The Value of a Legal Education (Cupar)
• Wilbur Leatherberry: A CWRU Lifer
• Louise …

The Person And Work Of The Holy Spirit In The General Epistles And The Book Of Hebrews, Larry L. Lichtenwalter

Journal of the Adventist Theological Society

No abstract provided.

An Alternative Explanation For No-Fault's Demise, Nora Freeman Engstrom

DePaul Law Review

No abstract provided.

A Phenomenological Study Of Military Veterans With Combat Trauma Enrolled In Post-Secondary Education: Transition, Academic Performance, And Perceptions Of Support, Maya Rocke

Master's Theses and Capstones

Objectives: The purpose of this study was to explore the academic experience of student veterans who reported cognitive and psychological symptoms following their military service.

Design: Phenomenology, based on a conceptual model of self-regulated learning (SRL).

Participants: Six student veterans enrolled at a large public university who self-reported symptoms consistent with TBI/PTSD, or who were involved in combat operations, or who had an improvised explosive device (IED) detonate nearby.

Results: Despite often having service-related trauma symptoms, the participants did not report a strong connection between those symptoms and their academic performance. However, participants reported challenges with social interactions, low overall …

The War On Terror: Where We Are And How We Got There, Michael B. Mukasey

NYLS Law Review

No abstract provided.

"All Muslims Are Like That": How Islamophobia Is Diminishing Americans' Right To Receive Information, Tiffani B. Figueroa

Hofstra Law Review

No abstract provided.

Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson

Contributions to Books

This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …

Cyber Security Without Cyber War, Mary Ellen O'Connell

Journal Articles

Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …

Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Observations Of Budapest Since 1992, Howard Hunter

Research Collection Yong Pung How School Of Law

My wife, Susan, and I flew into Budapest from Moscow in the summer of 1992. It was our first visit to one of the former “satellites” of the USSR, although by 1992 we had spent a good deal of time in the Soviet Union – and then Russia. My work on a joint university project in Moscow had been difficult because of the dramatic changes taking place almost daily in the early 1990s, and we were looking forward to a few days of relaxed tourism in a country that was new to us. I also was intrigued by the plans …

A Leopard’S Tail: The Life And Work Of Alice Nderitu Of Kenya, Stephanie Chiu

Kroc IPJ Research and Resources

In the following pages, you will find narrative stories about a Woman PeaceMaker, along with additional information to provide a deep understanding of a contemporary conflict and one person’s journey within it. These complementary components include a brief biography of the peacemaker, a historical summary of the conflict, a timeline integrating political developments in the country with personal history of the peacemaker, a question-and-answer transcript of select interviews, and a table of best practices in peacebuilding as demonstrated and reflected on by the peacemaker during her time at the Joan B. Kroc Institute for Peace & Justice.

A commissioner in …

Rethinking The Regulation Of Private Military And Security Companies Under International Humanitarian Law, Joseph C. Hansen

Fordham International Law Journal

No abstract provided.

The Legality Of Using Drones To Unilaterally Monitor Atrocity Crimes, Diana E. Schaffner

Fordham International Law Journal

No abstract provided.

Resistance And Repression: The Black Guerrilla Family In Context, Azadeh Zohrabi

UC Law Journal of Race and Economic Justice

The California Department of Corrections and Rehabilitation ("CDCR") considers prison gangs to be serious threats to prison safety and security and has developed a "gang validation" system to identify suspected prison gang members and their associates. The CDCR administratively segregates these prisoners from the general population by use of harsh, highly restrictive secure housing units ("SHUs"). The CDCR's gang validation process is currently applied to the Black Guerrilla Family ("BGF"), the only Black prison gang recognized by the CDCR.

This note will engage in a historical examination of the political movement that gave rise to the BGF and the life …

Vol. 40, No. 4: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

A Conflict Of Diamonds: The Kimberley Process And Zimbabwe's Marange Diamond Fields, Julie Elizabeth Nichols

Denver Journal of International Law & Policy

No abstract provided.

Vol. 40, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Vol. 41, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Expulsion Of The Roma: Is France Violating Eu Freedom Of Movement And Playing By French Rules Or Can It Proceed With Collective Roma Expulsions Free Of Charge, Diana E. Mahoney

Brooklyn Journal of International Law

No abstract provided.

Faulkner In Japan: A “Second Occupation”, Robin P. Helton

Honors Theses

No abstract provided.

A Study Of Warfare Theodicy In The Writings Of Ellen G. White And Gregory A. Boyd, Martha O. Duah

Dissertations

The problem of evil has been an issue for all religions over the centuries. But it is a crucial issue for theism because of its affirmation of the co-existence of an omnipotent, omniscient, and omnibenevolent God and evil. Theologians and philosophical theologians have developed a plethora of materials in response to the problem. However, according to critics, none of the responses in and of themselves adequately deals with theism's problem of suffering and evil. As a result, this study explores the warfare theodicy, a Christian response to the problem of sin, suffering, and evil, which seems to have been neglected …

What Are The Visible And Invisible Archaeologies Of Conflict In The Irish Landscape Of Donegal And How May These Be Contextualised And Represented Through Arts Practice, Mhairi Sutherland

Doctoral

The research question - "What are the visible and invisible archaeologies of conflict in the Irish landscape of Donegal and how may these be contextualised and represented through arts practice?" has been addressed through textual and historical research and through arts practice, using lens-based media in the exploration of an historic series of military circumstances, in the contemporary Irish landscape of County Donegal. The research undertaken and the resulting outcomes are presented as a textual narrative and as visual arts practice. The thesis material is composed of five chapters, each of which discusses selected arguments in the fields of, respectively; …

The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust

Barry Law Review

No abstract provided.

The United States' Enhanced Impunity For Its International Obligations: The Continued Unlawful Treatment Of Captives And Detainees Following The Attack Of September 11, 2001, David Brennan

Barry Law Review

No abstract provided.