Digital Commons Network^™

Autonomous Weapons Systems And Transparency: Towards An International Dialogue, Sarah Knuckey

Faculty Scholarship

The international debate around autonomous weapons systems (AWS) has addressed the potential ethical, legal and strategic implications of advancing autonomy, and analysis has offered myriad potential concerns and conceivable benefits. Many consider autonomy in selecting and engaging targets to be potentially revolutionary, yet AWS developments are nascent, and the debates are, in many respects and necessarily, heavily circumscribed by the uncertainty of future developments. In particular, legal assessments as to whether AWS might be used in compliance with the conduct of hostilities rules in international humanitarian law (IHL) are at present largely predicated upon a forecast of future facts, including …

Constitutional Rhetoric, Jamal Greene

Faculty Scholarship

For close to a century, students of judicial behavior have suggested that what judges think is not altogether the same as what they say. Within the legal academy, this claim has long been associated with legal realists who have argued that the formal legal rules explicated in judicial opinions are at least partly epiphenomenal, masking the influence that the personal characteristics and dispositions of adjudicators exercise over legal outcomes. Political scientists have argued, variously, that such outcomes are determined by ideology, social background, or political, professional, or other institutional constraints.

The notion that at least some “extralegal” factors influence judicial …

Class Warfare: The Disappearance Of Low-Income Litigants From The Civil Docket, Myriam Gilles

Articles

In recent years, much attention has been paid to the startling disparities in income and wealth in contemporary U.S. society. The enormous concentration of economic power in the top 1% is the culmination of decades of significant income and wealth gains for the top, combined with stagnant or decreasing growth for the majority - a trend that continues apace. But nowhere is the gap more glaring than in the civil docket, where class actions brought by or on behalf of low-income consumers and employees are on the verge of disappearing.

To be sure, the decline in class actions is only …

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the constitutional text: none. Instead, we should be debating which rights of citizens against governmental agencies should also …

Habeas Corpus In Three Dimensions: Dimension Ii: Habeas Corpus As A Legal Remedy, Eric M. Freedman

Hofstra Law Faculty Scholarship

This is the second of three planned articles in a project whose overall title is “Habeas Corpus in Three Dimensions.” The first installment discussed the importance of habeas corpus as a common law writ.2 This piece considers the significance of the fact that American habeas corpus until the first decades of the nineteenth century was embedded in a system of multiple constraints on government power.3 The third installment will trace the role of habeas corpus in the system of checks and balances that developed here subsequently.

Notes On The Literary Structure Of The Book Of Ezekiel, Jiří Moskala

Faculty Publications

No abstract provided.

Checks, Balances, And Nuclear Waste, Bruce R. Huber

Journal Articles

The Nuclear Waste Policy Act of 1982 established a process for siting and constructing repositories for nuclear waste. When Nevada’s Yucca Mountain emerged as a likely repository site, that state’s officials and allies exercised the numerous political and legal checks afforded by the Act and appear, at least for the time being, to have defeated the selection. But Nevada’s victory may well be the nation’s loss. In the absence of a national waste repository, nuclear power plant operators have no choice but to store spent nuclear fuel on site, where it presents a number of risks not contemplated by the …

Forging Tomorrow's Air, Space, And Cyber War Fighters: Recommendations For Integration And Development, Mark Reith

Faculty Publications

Today’s Airmen operate in contested environments, and years of technical-data spillage, coupled with policies emphasizing commercial-off-the-shelf acquisition, ensure that the immediate future will remain contested as our adversaries seek to exploit level playing fields. Long gone are the days of Operation Desert Storm and Enduring Freedom when air superiority dominated and the supporting elements of space, communications, and computers were largely out of reach for many nation-states. Since then, technology has become ubiquitously intertwined in weapon systems and today largely turns the gears of warfare, allowing a range of actors to erode national instruments of power.

Obama’S National Security Exceptionalism, Sudha Setty

Faculty Scholarship

This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …

Book Review: The Corporate Criminal: Why Corporations Must Be Abolished By Steve Tombs And David Whyte, Joan Brockman

Osgoode Hall Law Journal

This is a book review of The Corporate Criminal: Why Corporations Must Be Abolished by Steve Tombs and David Whyte

Optical Fiber Sensors In Physical Intrusion Detection Systems: A Review, Gary Andrew Allwood, Graham Wild, Steven Hinkley

Research outputs 2014 to 2021

Fiber optic sensors have become a mainstream sensing technology within a large array of applications due to their inherent benefits. They are now used significantly in structural health monitoring, and are an essential solution for monitoring harsh environments. Since their first development over 30 years ago, they have also found promise in security applications. This paper reviews all of the optical fiber-based techniques used in physical intrusion detection systems. It details the different approaches used for sensing, interrogation, and networking, by research groups, attempting to secure both commercial and residential premises from physical security breaches. The advantages and the disadvantages …

"Life Beyond Life": Reading Milton's Areopagitica Through Enlightenment Vitalism, Erik L. Johnson

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

Foreword: The International Law Legacy Of The Obama Administration, Michael P. Scharf, Julia Liston

Case Western Reserve Journal of International Law

An introduction is presented in which editor discusses various articles within the issue based on the legacy of U.S. President Barack Obama's administration on right to use force in self-defense against non-state actors, foreign policy accomplishments in the Middle East and climate change.

Criminally Disproportionate Warfare: Aggression As A Contextual War Crime, Rachel E. Vanlandingham

Case Western Reserve Journal of International Law

International law has long recognized the general principle that an illegal act cannot produce legal rights. Yet, this principle of ex injuria jus non oritur is seemingly ignored in the uneasy relationship between the two international legal regimes most associated with war. A head of State can, for example, violate international law regulating the resort to armed force by ordering his military forces to illegally invade another country, yet he, through his military forces, simultaneously and subsequently benefits on the battlefield from the application of the separate body of international law regulating the actual conduct of war. The paradoxical benefit …

The Fission And Fusion In International Use Of Force: Relating Unlawful Use Of Force And The War Crime Of Disproportionate Force Not Justified By Miitary Necessity, Mbori Otieno, Emmah Wabuke, Smith Otieno

Case Western Reserve Journal of International Law

Jus ad bellum and jus in bello are not disparate in operation. There are several points of intersection in the two concepts, commencing with the context in which they apply, and further, in their interpretation of the general principles of proportionality and necessity. Although proportionality connotes divergent theoretical notions depending on the backdrop against which it is set, in practice, these notions are often fused together. However, points of fission (divergence) still persist. The best example of which is in the context of 'The Crime of Disproportionate Use of Force' where the difference between the two notions of 'proportionality' can …

Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi

Faculty Scholarship

A central question in the literature on customary international law (CIL) goes to method: what is the proper method for “finding” CIL – that is, for determining that particular norms qualify as CIL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to …

Designing Better Symbols: An Attentional Approach To Match Symbols To Performance Goals, Hannah North

Dissertations, Master's Theses and Master's Reports

Effective displays require symbol sets that are customized to specific tasks and performance goals. In order to create such sets, designers must account for the effects of top-down and bottom-up attention. The current work presents a pair of experiments that examined the effects of salience and cueing in a change detection tasks within the flicker paradigm (Rensink, O’Regan and Clark, 1997). Each trial, participants either received no cue or a cue indicating which symbol would be the target. This cueing manipulation isolated top-down effects to the cued condition. Consistent with previous studies (Orchard, 2012; Steelman, Orchard, Fletcher, Cockshell, Williamson & …

Three Men In The Wilderness: Ideas And Concepts Of Nature During The Progressive Era With Theodore Roosevelt, Gifford Pinchot And John Muir, Jeffrey A. Duke

Dissertations and Theses @ UNI

When I began this research in the summer of 2014, I endeavored to find out how Americans comprehended nature in the Progressive Era. By the Progressive Era the historian Frederick Jackson Turner declared the frontier to be closed. This notion that no wide open spaces remained to be conquered altered the American people’s attitude towards nature. The perspectives of three men who were at the forefront of environmental policy illustrate how America’s understanding of nature had changed. These three men were twenty-sixth President Theodore Roosevelt, professional forester Gifford Pinchot and naturalist John Muir. Describing the similarities and differences in these …

"Rock Against Reagan": The Punk Movement, Cultural Hegemony, And Reaganism In The Eighties, Johnathan Kyle Williams

Dissertations and Theses @ UNI

Despite scholars’ growing interest in the cultural movement known as punk, there has been a lack of focus on the movement’s relationship to its historical context. Punk meant rebellion, and this research looks at how the rebellion of the American punk movement during the eighties [1978 to 1992], was aimed at the president Ronald Reagan. Their dissent, however, was not only directed towards Reagan, but the culture that he encompassed. Under this influence, American culture gave way to Reaganism: a culture of individualism, greed, power, and symbols. Adding to the work by historian Dewar MacLeod and others who have focused …

A Swann's Song In Middle-Earth: An Exploration Of Donald Swann's "The Road Goes Ever On" And The Development Of A System Of Lyric Diction For Tolkien's Constructed, Elvish Languages, Richard Garrett Leonberger

LSU Doctoral Dissertations

Donald Swann is best known for his long-time collaboration with lyricist and singer Michael Flanders, with whom he served as composer, pianist and fellow singer. He composed many other serious works beyond the Flanders and Swann collaboration, including song cycles, operas, masses and other choral repertoire. This study explores one example of Swann’s classical repertory: "The Road Goes Ever On: A Song Cycle," a collection of nine musical settings of texts by J. R. R. Tolkien, author of "The Lord of the Rings." Beginning with biographical and stylistic synopses of both the composer and the poet, subsequent chapters include: an …

Design And Implementation Of Qcm Virtual Sensing Schemes For Analyses Of Volatile Organic Compounds, Nicholas Colby Speller

LSU Doctoral Dissertations

Sensor arrays have evolved as powerful approaches for providing detection and discrimination of volatile organic compounds (VOCs) as required across numerous analytical applications. Such systems typically comprise a number of cross reactive sensor elements, which generate analyte specific response patterns upon exposure to VOCs, and are known as multisensor arrays. When evaluated using statistical methods, these response patterns facilitate classification of VOCs. As an alternative, a single dynamically operated sensor could also be used to generate analyte specific response patterns. This approach is known as a virtual sensor array (VSA) and can exhibit significant advantages when compared to MSAs. Some …

A Wavelet-Based Feature Set For Recognizing Pulse Repetition Interval Modulation Patterns, Kenan Gençol, Nuray At, Ali̇ Kara

Turkish Journal of Electrical Engineering and Computer Sciences

No abstract provided.

The Creator And Creation: God’S Affection For This World, Joann Davidson

Faculty Publications

No abstract provided.

The Darkest Nation: American Melancholia In Modernist Narratives Of The First World War, Michael Von Cannon

LSU Doctoral Dissertations

My dissertation, entitled The Darkest Nation: American Melancholia in Modernist Narratives of the First World War, re-conceptualizes U.S. modernism by attending to how the historical event of WWI inaugurated melancholia, or sustained grief, as the cornerstone of a new form of nationalism. Scholars have focused either on how consolatory mourning bolstered patriotism or how melancholia led to the demise of such an imagined community and to the growth of cosmopolitanism. I consider, however, an American modernist commitment to the nation of loss expressed, surprisingly enough, in narratives about noncombatants. For a country that entered the military conflict near its end, …

Relational Red Flags: Detecting Undesirable Qualities In Initial Romantic Encounters, Richard C. White

LSU Doctoral Dissertations

This dissertation extends the work of Signal Detection Theory (SDT) (Green & Swets, 1966; Swets, 1964) in the social sciences by applying it to romantic relationships, specifically initial romantic encounters (i.e. formal or informal first few dates, or random, chance encounters). The term relational red flag is put forth to describe the detection of signals in initial romantic encounters that may be perceived as any undesirable quality, which can be a characteristic, behavior, state, or trait that a person would not want in a potential romantic partner. These undesirable qualities can be costly to a healthy, stable relationship because they …

"Death Knows But One Rule Of Arithmetic": Discourses Of Death And Grief In The Trenches, Brittany C. Dunn

Theses and Dissertations (Comprehensive)

Death was ubiquitous in the First World War and while contemporaries acknowledged this, soldiers’ experiences of death and grief have been largely ignored in the Canadian historiography. This thesis seeks to address this gap in the literature by examining how English-Canadian soldiers responded to and coped with death on the Western Front. It argues that combatants developed and adapted multiple methods of coping, which ranged from humour to emphasizing ideals of sacrifice to emotional distance, in response to the horrific conditions of the trenches. This thesis explores both private and public discourses of death using contemporary diaries, letters and trench …

Smart Fabrics For Colorimetric Detection, Breland Edwards

Undergraduate Research Posters

Due to the prevalence of chemical warfare, soldiers often carry chemical sensing devices, to warn of oncoming nerve agents. However, these devices are cumbersome. A lightweight, wearable chemical sensing fabric that doubles as a protectant against toxins would be beneficial. This fabric can be created by incorporating (1) organophosphate hydrolase, an enzyme capable of degrading organophosphates and releasing an acidic by product, and (2) polyaniline, a color changing polymer that changes from purple to green in the presence of acid, into nylon or polyvinyl alcohol nanofibers. The first step is to produce fabrics containing polyaniline and demonstrate that the fabrics …

A Forensic Acquisition And Analysis System For Iaas, Saad Alqahtany, Nathan Clarke, Steven Furnell, Christoph Reich

School of Engineering, Computing and Mathematics

No abstract provided.

A Suspect-Oriented Intelligent And Automated Computer Forensic Analysis, Fahdi M Al, N. L. Clarke, F. Li, S. M. Furnell

School of Engineering, Computing and Mathematics

No abstract provided.

Black And Green: How Disinvestment, Displacement And Segregation Created The Conditions For Eco-Gentrification In Portland's Albina District, 1940-2015, Carter William Ause

University Honors Theses

The historically African-American Albina District of Portland, Oregon holds a long track record of neighborhood neglect, devaluation and displacement of poor residents by private real estate companies and city government. Devaluation in the area was the direct result of discriminatory real estate policies and mid-20th Century urban renewal projects. Starting in the 1990s, the city passed revitalization measures to increase private investment in the neighborhood and few historians have tackled studies of recent sustainability-oriented gentrification resulting from revitalization. Though contemporary works in urban studies at Portland State University have looked at revitalization and subsequent ecological gentrification in the area, the …