Digital Commons Network^™

Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler

Articles by Maurer Faculty

The Islamic State has combined its extreme violence with digital and cyber technologies to produce and distribute globally videos recording atrocities it commits. This article argues that those in the Islamic State who make and distribute these atrocity videos are committing war crimes under international law. After introducing the unprecedented phenomenon the atrocity videos represent (I.), the article first examines the relationship between international law and propaganda in war and peace (II.) The article then argues the atrocity videos violate prohibitions in international humanitarian law and constitute war crimes (III.). The article concludes by presenting criticisms of this argument and …

Epic Failure Of Ebola And Global Health Security, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston

Texas A&M Law Review

This Article compares a historical model of congressional intelligence oversight, as demonstrated by Church’s leadership as chairman of the U.S. Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (“Church Committee”), with current intelligence oversight deficiencies that have induced a growing population of citizens to demand greater protections against government overreach and wrongdoing. By examining the difficulties Church and the Church Committee experienced in gathering evidence of government misconduct and publicly disseminating such information, a more historical perspective may reveal the viability of alternative methods of congressional intelligence oversight.

Introduction To The Symposium Edition: New Technology And Old Law: Rethinking National Security, Lisa A. Rich

Texas A&M Law Review

Introduction to the Symposium Edition: New Technology and Old Law: Rethinking National Security

Security, Privacy, And Technology Development: The Impact On National Security, Abraham R. Wagner, Paul Finkelman

Texas A&M Law Review

The evolution of modern communications and information technology sparked a revolution of unprecedented proportions, bringing about an explosion in terms of users and capabilities, as well as increasing demands for both security and privacy. To meet these security demands, new technologies are evolving that can in fact provide a secure and protected environment. At the same time, however, the technology-development path is being increasingly impacted by two other major dynamics: the legal environment and user expectations with respect to privacy. Within the past four years in particular, several major court decisions as well as the official release of documents and …

Game Of Drones: Defending Against Drone Terrorism, Tung Yin

Texas A&M Law Review

This Article considers the threat posed by drone terrorism and the technological and legal issues involved in setting up defensive responses. First, the Article provides an overview of current drone technology, legal views on weaponized military drones, and a discussion of the potential appeal of drones as vehicles for terrorism. Next, it discusses the current laws and regulations pertaining to private drones. The Article then lays out the three challenges to defending against drone terrorism: detecting potentially hostile drones, identifying them, and destroying or neutralizing them. Finally, it closes with some proposals to begin to develop the legal and technological …

The U.S. Employment Of Unmanned Aerial Vehicles (Uavs): An Abandonment Of Applicable International Norms, David E. Graham

Texas A&M Law Review

Much has been written over the past several years regarding the increased U.S. employment of UAVs as a weapon system against both combatants on a battlefield and terrorists far removed from an active zone of military operations. As an element of this dialogue, there has occurred a growing discussion as to whether, given what some view as the appearance of new threats to national security—existing in the form of al-Qaeda and similar terrorist organizations—there is now a need for enhanced clarity and transparency concerning the legal principles applicable to when, where, and how such systems might be used. The purpose …

Emerging Biotechnologies And The 1972 Biological Weapons Convention: Can It Keep Up With The Biotechnology Revolution?, Victoria Sutton

Texas A&M Law Review

In light of the quandaries presented by domestic law, has the Biological Weapons Convention of 1972 (“BWC”) also been so outpaced by the technologies that it is no longer effective and meaningful in international law? Part II will examine the continuum of official actions that have attempted to keep pace with the growing biotechnologies that may present threats to global biosecurity through interpreting the BWC. Part III looks at how these definitions may not be sufficient. Finally, Part IV looks at other mechanisms that may provide a better way of controlling biological weapons than redefining the technologies through the current …

An Examination Of Tribal Nation Integration In Homeland Security National Preparedness, Donald J. Reed

Walden Dissertations and Doctoral Studies

Research has established that national homeland security policy requires a whole community or all-of-nation approach to national security preparedness. What is less clear is whether all stakeholders are integrated into or benefit from this collective effort. This narrative policy analysis examined the relationship between a federally-recognized group of Native American tribal nations and homeland security national preparedness to explore whether tribal nations are effectively integrated with the collective effort for national preparedness. The theoretical framework stemmed from a convergence of social contract theory and conflict theory. Interviews (n = 21) were conducted with preparedness authorities from government agencies, and from …

Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager

Northwestern University Law Review

For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …

The Nlrb, The Courts, The Administrative Procedures Act, And Chevron: Now And Then, Theodore J. St. Antoine

Emory Law Journal

Decisions of the National Labor Relations Board (NLRB), like those of other administrative agencies, are subject to review by the federal judiciary. Standards of review have evolved over time. The Administrative Procedure Act of 1946 provides that administrative decisions must be in accord with law and required procedure, not arbitrary or capricious, not contrary to constitutional rights, within an agency¿s statutory jurisdiction, and supported by substantial evidence. In practice, more attention is paid to two Supreme Court decisions, Skidmore (1944) and Chevron (1984). For many years Chevron seemed the definitive test. A court must follow a clear intent of Congress, …

Untold Narratives: Refugee Experiences From Laos To Richmond, California, Laiseng Saechao

Scripps Senior Theses

Untold Narratives: A Refugee Experience from Laos to Richmond, California is focused on the Mien refugee experience from Laos to Richmond, California. This thesis highlights the ways Cold War politics, the Secret War, and heavy industrialization have impacted Mien communities who have been displaced from their homelands into refugee camps, and again through sponsorship into the United States. This thesis looks at political theories that discuss inequalities that exist, particularly through environmental degradation and negative health impacts that Mien refugees are experiencing in their resettlement into Richmond, California. Due to the limited scholarly articles and documented narratives that are available …

Structural Realism And The New Cold War, Ka Ho Wong

Bachelor of Social Sciences – Senior Theses

The Cold War mentality such as misperception which is deep-rooted in the American and Russian government has triggered the revival of U.S.-Russian conflicts. The new Cold War would be a continuation from the past that operates with an action-and-reactions model. However, with the change of geopolitical situation, the new Cold War would be conducted in different means.

The structural constraints suggested by the structural realist would be an explanation for the emergence of new Cold War. The structural realism makes contributions of the idea of misperception，over-exaggeration, and balance of power that is a product of an anarchic international system. The …

An Adaptive Physical- And Link Layer For Narrowband Mobile Ad-Hoc Networks, Mathias Dehm

Theses

Search and Rescue (SAR) missions require robust ad-hoc networks especially in situations where existing wired or cellular networks have been damaged or are not available. Here, a promising SAR communications technology is a Mobile Ad-hoc Networks (MANETs). However, development of systems is challenging due to bandwidth constraints, various application services, high mobility and harsh environments leading to unstable wireless connections.

Throughout this thesis, a prototype of a physical- and link layer is developed which satisfies the criteria for communication services in SAR missions.

This work includes three major contributions:

The first contribution is a single-carrier narrowband physical layer. The transmission …

Speaking In Wild Tongues: The Borderlands Of Eudora Welty And Alice Walker, Sara Gabler Thomas

Electronic Theses and Dissertations

In Borderlands/La Frontera Gloria Anzaldúa describes her experience undergoing a dental procedure as a battle between her wild tongue and the dentist. Beginning with a discussion of Anzaldúa’s concept of the wild tongue, this project asks how writers across the US South depict unruly tongues and infelicitous speech. Methodologically, this thesis inverts the comreading model in literary studies of reading Third World writers through First World theorists. Instead, beginning with Anzaldúa, I propose to reverse this process and assert a new reading methodology of reading First World writers through Third World theorists. The trope of the wild tongue will mobilize …

A Petition For God's Forgiveness In Gambella Ethiopia, Omot Olopk Aganya

All Electronic Theses and Dissertations

This thesis project explored the root causes of the ethnic conflicts in the Gambella region of Ethiopia. It examined the issues of ethnic, social, political, and historical conflict occurring at the regional level, which are vital to comprehensively understanding the nature and outcome of the local conflicts. These are embedded in geopolitics, the politics of established administrative agencies established in Gambella by different empires and governments, militarization, ethnicity, socio-economics, deprivation, inequality, marginalization, discrimination, racism, and the undemocratic institutions of the region, as well as the absence of effective mechanisms for national and sub-regional dispute resolution. The lack of implementation and …

The Discipline Of Applying The Gospel For Servant Leadership Development, Matthew P. Anderson

All Electronic Theses and Dissertations

This project examined the relationship between the gospel and servant leadership development. The purpose of the project was to show the need for a process to develop servant leaders at the heart level and propose a model for developing servant leaders through the discipline of applying the gospel. A theological and biblical study showed the heart to be central to faith and practice. The affective tradition of Christianity posits that a person’s action flows from a heart that loves God as response to the revealed love of God in the gospel by the Holy Spirit. A God-moved heart through the …

Dawn Of The Intercontinental Sniper: The Drone's Cascading Contribution To The Modern Battlefield's Complexity: A Re-View Essay Of Predator: The Secret Origins Of The Drone Revolution, By Richard Whittle, Steven L. Schooner, Nathaniel E. Castellano

GW Law Faculty Publications & Other Works

This review essay discusses a unique book that chronicles the UAV (unmanned aerial vehicle) or "drone" revolution with a focus on the Predator weapon system. Although brought to market by a mainstream publisher, the book offers a thought-provoking, heavily researched, non-fiction case study involving national security, defense acquisition, and international law. We congratulate author Richard Whittle for crafting a thrilling and highly informative history of technological innovation, government contracting, and weapons system development and deployment, while introducing complex issues of national security and international law, that nonetheless left us eagerly anticipating a forthcoming action movie.

This review essay introduces prospective …

Helping Mothers Defend Their Decision To Breastfeed, Kandis Natoli

Electronic Theses and Dissertations

The United States has established breastfeeding as an important health indicator within the Healthy People agenda. Healthy People target goals for breastfeeding initiation, duration, and exclusivity remain unmet. The US Surgeon General's Office reports that lack of knowledge and widespread misinformation about breastfeeding are barriers to meeting Healthy People goals. Breastfeeding mothers are vulnerable to messages that cast doubt on their ability to breastfeed. Very little research has examined specific approaches to help people resist negative messages about health beliefs and behaviors. The objective of this quasi-experimental study was to test an intervention designed to help mothers defend their breastfeeding …

When Security Dominates The Agenda: The Influence Of Interstate Rivalry On Women's Status, Theresa Schroeder

Theses and Dissertations--Political Science

The overarching theme of my dissertation is the effect of interstate rivalries on women’s status. Specifically, I investigate the influence of rivalries on the election of women, the adoption of a gender quota, and the overall level of gender equality. National security is a prime concern in states involved in an interstate rivalry, which can influence women’s lives in a number of key ways. Through the actions of individual voters and rational parties, I find that being in an interstate rivalry leads to lower levels of female representation. In addition, I theorize that rivalries lessen societal pressure to increase female …

Structure Matters: How Organizational Characteristics Affect Military Efforts, Michael A. Morgan

Theses and Dissertations--Political Science

Military organizations develop a unique set of practices and procedures in response to their particular political, economic, and social circumstances. The characteristics of these organizations shape standardized behaviors, methods of training personnel, and the degree of stratification within their bureaucratic hierarchies. This study examines how organizational characteristics influence battlefield effectiveness, patterns of alliance formation, and the security of United Nations peacekeepers.

Chapter 2 evaluates how differences in personnel sophistication and bureaucratic stratification influence battlefield efficacy. A military may devote substantial resources to develop war plans and procure advanced technology, but these assets are of limited consequence in the absence of …

Africentric Resilience Training: A Prevention Program For African American Soldiers, Melissa Boudreau

Antioch University Dissertations & Theses

The study develops a mental health prevention program for African American soldiers called, Africentric Resilience Training (ART). The goal of ART is to train soldiers to be psychologically fit, just as they train to be physically fit in the military. The ART curriculum aims to increase soldiers’ resilience and capacity to flourish, while educating them on the occurrence and prevention of Posttraumatic Stress Disorder. This program is founded on the principles and structure of the current Comprehensive Soldier and Family Fitness (CSF2) program in the Army (CSF2, 2012). ART is unique in its utilization of a culturally and racially modified …

Readup Buildup. Thync - Instant Α-Readings, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

No abstract provided.

Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip A. Hamburger

Faculty Scholarship

Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality.

Put simply, both administrative lawmaking and § 501 (c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality.

The primary practical conclusion concerns administrative law. It will be seen that this sort of "law" is made …

Reconstruction After Genocide: An Analysis Of The Justice System For The Women Victims Of Genocidal Rape In Post-Conflict Bosnia, Hannah E. Gardenswartz

Scripps Senior Theses

In the conflict in Bosnia-Herzegovina, one of the critical elements of the ethnic cleansing regimes was rape and impregnation of women. When the international justice system was created to criminally try the perpetrators of the atrocities, including the rape victims was a new development. Looking at the tribunals and court system from a gendered perspective reveals that the efforts to include rape victims have not taken into account their specific needs, stemming from their trauma. A critical look the ICTY and other criminal courts are presented, as well as recommendations for improving inclusivity and reconciliation.

"Watching To Banish Care": Sleep And Insomnia In Book 1 Of The Faerie Queene, Benjamin Parris

Psychology Faculty Scholarship

No abstract provided.

Honoring The Victims: How The Change In Ethics Ruined Science In The Third Reich And What To Do With The Remaining Medical Data, Kathleen M. Mitchell

Williams Honors College, Honors Research Projects

This paper analyzes both sides of the debate over using the Nazi medical data and brings forth one possible compromise. While using the data can provide the scientific community information that can be beneficial for society—and thus salvaging some good out of the evil—are the survivors’ sentiments on the subject truly being heard? The idea that the victims are once again being abused by using the information without their consent is not a matter to be taken lightly. On the other hand, if the data is valuable, it can be detrimental to scientific experimentation to deny access or destroy the …

Lessons Encountered: Learning From The Long War, Richard D. Hooker , Jr., Joseph J. Collins, Alexander Crowther, T.X. Hammes, Frank G. Hoffman, Christopher J. Lamb, Christoff Luehrs, Nicholas Rostow, Sara Thannhauser

Books and Book Chapters

Lessons Encountered: Learning from the Long War began as two questions from General Martin E. Dempsey, 18th Chairman of the Joint Chiefs of Staff: What were the costs and benefits of the campaigns in Iraq and Afghanistan, and what were the strategic lessons of these campaigns? The Institute for National Strategic Studies at the National Defense University was tasked to answer these questions. The editors composed a volume that assesses the war and analyzes the costs, using the Institute’s considerable in-house talent and the dedication of the NDU Press team. The audience for this volume is senior officers, their staffs, …

The People’S Liberation Army And Contingency Planning In China, Andrew Scobell, Arthur S. Ding, Phillip C. Saunders, Scott W. Harold, Michael S. Chase, Dean Cheng, Mark Cozad, Jeffrey Engstrom, Kristen Gunness, Alexander Chieh-Cheng Huang, Ben Lowsen, Ma Chengkun, Lyle Morris, Mark A. Stokes, Marcelyn L. Thompson, Jonathan Walton, Catherine Welch, Thomas Woodrow, Larry M. Wortzel

Books and Book Chapters

How will China use its increasing military capabilities in the future? China faces a complicated security environment with a wide range of internal and external threats. Rapidly expanding international interests are creating demands for the People’s Liberation Army (PLA) to conduct new missions ranging from protecting Chinese shipping from Somali pirates to evacuating citizens from Libya. The most recent Chinese defense white paper states that the armed forces must “make serious preparations to cope with the most complex and difficult scenarios . . . so as to ensure proper responses . . . at any time and under any circumstances.”

Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen

Faculty Publications

(Excerpt)

On March 16, 2014 the residents of Crimea woke up in Ukraine, as they had every morning since the dissolution of the USSR at the end of 1991. That evening they went to sleep in what claimed to be the independent Republic of Crimea. They lived in that putative country for the next day. On March 18, the leaders of Crimea signed a treaty merging their day-old country into Russia.

Much had taken place before these three days in March 2014. There were arguments about Ukraine associating with the European Union (EU) or joining a Russian-led Eurasian Economic Union. …