Digital Commons Network^™

Humanitarian Intervention: Evolving Norms, Fragmenting Consensus, Rosa Brooks

Maryland Journal of International Law

No abstract provided.

Never Mind The Constitution, Jeremy Waldron

Faculty Articles

Book review of On Constitutional Disobedience, by Louis Michael Seidman, Oxford University Press, 2012.

Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.

The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Carta de Foresta, the Charter of the Forest of 1217, is among the first statutes in environmental law of any nation. Crafted to reform patently unjust governance of natural resources in 13th century England, the Charter of the Forest became a framework through which to reconcile competing environmental claims, then and into the future. The Charter confirmed the rights of “free men.” Kings resisted conceding these rights. When confronted with violation of the Charter, barons and royal councils obliged kings repeatedly to reissue the Forest Charter and pledge anew to obey its terms.

Cyber Warfare And The Jus Ad Bellum Challenges: Evaluation In The Light Of The Tallinn Manual On The International Law Applicable To Cyber Warfare, Ido Kilovaty

American University National Security Law Brief

No abstract provided.

Boycotts To Bombs: History, Causes, And Comparison Of The Palestinian Intifadas, Leah Wilson

Lewis Honors College Capstone Collection

One of the foremost geopolitical issues of the twenty first century, the conflict between Israel and Palestine has a complicated, ominous history, and limited signs of hope for resolution in the near future. Darkened by particularly bloody and significant events such as the 1948 Arab-Israel dispute, the 1967 Six Day War, and the continuously violent actions taken near the turn of the century, the conflict continues to detrimentally impact the security of the region, the socioeconomic livelihood of Palestinians, and the dwindling influence of international actors to curb recognizably illegal settlements and flagrant human rights violations. Particularly significant to the …

Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin

San Diego International Law Journal

These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.

The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …

Humboldt's Uncivil War, Jim Garrison

Charles R. Barnum History Award Papers

No abstract provided.

War And Witness In The Poetry Of H.D., Denise Levertov, And Carolyn Forche, Katelyn Bienas

Electronic Theses and Dissertations

In my thesis, I focus on the role of the twentieth century female poet in writing about war, looking closely at three poets: H.D., Denise Levertov, and Carolyn Forche. By examining poets from three different points within the century, I question the ways in which the reactions towards these poets evolved alongside society's changing perceptions of women's public responsibilities. Poetry of war is important in documenting events that have a lasting impact upon nations and individuals. However, the role of women poets in writing of these political conflicts is worthy of study because of the questions that arise in terms …

The Event Of Revolution, Nathan Eckstrand

Electronic Theses and Dissertations

This dissertation studies the question of how to conceive of revolution without necessarily drawing any concepts from the state. When concepts, figures, or objects drawn from the state are assumed to exist following a revolution, the ability of revolution to radically change the state is constrained. This problem limits earlier theories of revolution, such as social contract theory and Marxism, both of which present certain parts of the state as unchangeable. Social contract theorists necessitate that certain elements like the sovereign and the nature of the contract be preserved, while Marxism maintains that the state must follow a trajectory that …

North America, Jennifer D. Keene

History Faculty Books and Book Chapters

"These demographic shifts are just one example of how considering North America as an entity during the First World War offers the alluring possibility of breaking away from the strictures of the normal nation-state approach to studying the war, presenting an opportunity to consider the war's regional and global dimensions. Uncovering the full scope of 'North America's War' requires evaluating Britain's dominant position in the global political economy, North America's contribution to the fighting, international relations within North America and how North American-based events and initiatives affected the course of the war and the peace."

The Tallest Tree In The Forest, Jocelyn Buckner

Theatre Faculty Articles and Research

"Playwright and actor Daniel Beaty’s solo performance as Paul Robeson in The Tallest Tree in the Forest, commissioned by Tectonic Theater Project and coproduced by La Jolla Playhouse and Kansas City Repertory Theatre, was a tour-de-force biographical tribute."

Allied Unshackling: British, Canadian, And American Prisoner Of War Diplomacy During The Shackling Reprisals, 1942-43, Kiera Bridley

All Graduate Theses, Dissertations, and Other Capstone Projects

Prisoner of war studies have largely focused their research on the experiences of the men and women within their captor countries. Although some country-specific work has been done regarding prisoner of war policy, there has been a significant gap in research regarding prisoner of war policy during the Second World War. This research focuses on the convergence of prisoner of war policy and diplomatic relations between Great Britain, Canada, and the United States during the shackling reprisals with Germany from 1942-43. The shackling reprisals represented the first conjunction of the three nations in diplomatic relations with Germany over the issue …

A Prescription For Curing U.S. Export Controls, Gregory W. Bowman

Marquette Law Review

Unlike inbound trade regulation, which is characterized by deep multilateralism, the regulation of export trade is characterized by significant unilateralism. Nowhere is this more apparent than with the United States’ assertions of prescriptive extraterritorial jurisdiction under its export control laws. Since 1982, the United States has claimed the power to regulate the use and reexport of U.S. origin goods, software, and technologies located abroad, based primarily on the fact that these items are of U.S. origin (or are foreign-origin items with some U.S. content). These “item origin-based” jurisdictional claims, which first were made as part of a trade dispute with …

Second Amendment Decision Rules, Non-Lethal Weapons, And Self-Defense, A.J. Peterman

Marquette Law Review

General public debate about the Second Amendment has focused almost exclusively on the regulation of firearms. After Heller and McDonald, the scope of the Second Amendment’s protection has been hotly contested. One area of the Second Amendment that has been less discussed is the decisional rules that would govern non-firearms and levels of protection based on location. This Comment proposes two Second Amendment Constitutional decisional rules. Broadly, this Comment suggests that the “common use” test for “arms” should be modified for the development of new arms, such as non-lethal weapons, that are subject to the Second Amendment. The proposed …

Critical Race Action: Queer Lessons And Seven Legacies From The One And Only Professor Bell, Francisco Valdes

Articles

No abstract provided.

An Analysis Of The Extent Of Presidential Power In Regard To Drone Strikes, Kaitlyn Dugas

Senior Honors Theses and Projects

Considerable controversy exists regarding the use of drones by the United States of America in the targeted killings of individuals overseas, including American citizens. The constitutionality of such strikes comes into question as well as whether the President even possesses adequate power, whether unitary or granted, to order the strikes against not only American citizens, who are obviously protected by the Constitution, but also foreigners to whom the Constitution may or may not apply. This study will take a look at presidential power from the perspective of each of the three branches of government within the United States and from …

Unwanted Guest, Adam Mitts

Senior Honors Theses and Projects

No abstract provided.

Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton

Animal Law Review

This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …

Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Still Shortchanged: Some Observations About The New Army/Marine Corps Coin Doctrine, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Extraterritorial Impacts Of Recent Financial Regulation Reforms: A Complex World Of Global Finance, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Clever Or Clueless? Observations About Bombing Norm Debates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Hyper-Personalization Of War: Cyber, Big Data, And The Changing Face Of Conflict, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Book Reviews: War & Technology, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Local Color's Finest Hour: Kentucky Literature At The Turn Of The Twentieth Century, Brian Clay Johnson

Online Theses and Dissertations

This thesis takes into consideration literature created by various authors during the period 1890 to 1910, the turn of the twentieth century. This thesis looks specifically at the works produced during that time period by authors from Kentucky, living in Kentucky, or with strong ties to the state. The texts themselves illustrated these ties, as they all focused on or related to Kentucky at the time.

The data that was gathered for this thesis came directly from the writings themselves. In order to research the appropriate authors and the works they produced, the author read all of the materials discussed …

Federalism, Treaty Implementation, And Political Process: Bond V United States, Curtis A. Bradley

Articles

In Bond v. United States,¹ the U.S. Supreme Court disallowed the prosecution of a domestic poisoning case under legislation that implements the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.² In doing so, a majority of the Court declined to address constitutional issues concerning the relationship between the national government's treaty power and the U.S. federal system of government. Instead, the majority resolved the case by applying a presumption that federal statutes do not intrude on traditional areas of state authority, such as the prosecution of local crimes, …

Ethical Decision-Making In Moral Dilemmas, Tyler Pendleton

Honors Projects

Humans are constantly making decisions. Often times, the rules or “heuristics” that guide our decisions are not explicitly known to us simply because their formation within our mental processes is ambiguous. These heuristics can be multiply activated when concerning moral issues. Although our decisions are evident in such cases, the origins of justifying such decisions are not. It is essential to parse out the sociocultural variations that may contribute to moral decision-making. This project aims to present the findings of participants who reacted to the morally-challenging Trolley Problem. Participants were tested on one of eight conditions that examined aspects of …

A Restrained Plea For Judicial Restraint, Lino A. Graglia

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Cosmic constitutional theory: Why Americans are losing their inalienable right to self-governance. J. Harvie Wilkinson III. New York, N.Y.: Oxford University Press. 2012. Pp. xii + 161. Reviewed by Lino A. Graglia.