Digital Commons Network^™

Research In Defense Logistics: Where Are We And Where Are We Going?, George A. Zsidisin, Amanda Bresler, Benjamin T. Hazen, Keith F. Schneider, Taylor H. Wilkerson

Faculty Publications

The purpose of this paper is to provide insight on high-interest areas of research in defense-related logistics and supply chain management and opportunities for advancing theory and practice in this domain.

The Curse Of Bigness: New Deal Supplement, Tim Wu

Faculty Scholarship

This is a supplement to the book, The Curse of Bigness: Antitrust in the New Gilded Age. It covers the years between 1920 - 1945, with a focus on the New Deal, and represents material left out of the original book.

It is meant to be read together with the larger volume, but can also be read separately.

The Reel Truth: The Importance Of Historical Accuracy In Film, Kyle A. Jenkins

EWU Masters Thesis Collection

The first goal of this project is to build a case that historical accuracy in film is an especially important criteria when teaching using film, and that educators and their students should be able to discuss any historical inaccuracies in a way that does not diminish enjoyment of the film. Aside from students, there should also be an expectation from the general populous that when a film claims to be historically accurate its inaccuracies should not be harmful to the overall conversation. Secondly, this project will attempt to build criteria for critiquing and analyzing a film based on balanced criteria …

The Proportionality Rule And Mental Health Harm In War, Sarah Knuckey, Alex Moorehead, Audrey Mccalley, Adam Brown

Faculty Scholarship

The foundational international humanitarian law rule of proportionality — that parties to an armed conflict may not attack where civilian harm would be excessive in relation to the anticipated military advantage — is normally interpreted to encompass civilian physical injuries only. Attacks may cause significant mental harms also, yet current interpretations of the law lag behind science in understanding and recognizing these kinds of harms. This article analyzes legal, public health, psychology, and neuroscience research to assess the extent to which mental health harms should and could be taken into account in proportionality assessments.

Boy Meets War: A Critical And Creative Analysis Of Civilian Masculinities In Britain During The Second World War, Savanna Hitlan

Senior Independent Study Theses

During the Second World War, the hegemonic masculinity, that is, the dominant masculinity, resided with the Royal Air Force (RAF). Pilots epitomized what it meant to be a man in war due to their heroics in the Battle of Britain. Civilian masculinities therefore had to negotiate their identities to fit their new roles in society. The two types of civilian men that I mainly look at are men in the reserved occupations and conscientious objectors. I examine this question: how did cultural representations portrayed by the government affect the civilian men on the homefront? Furthermore, I explore how these men …

Civil Procedure And Economic Inequality, Maureen Carroll

Articles

How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.

A Marriage Of Intersecting Needs: The Procurement Of The Canadian Patrol Frigates By The Pierre Trudeau Government, 1977-1983, Garison Ma

Theses and Dissertations (Comprehensive)

In December 1977, the Liberal government of Pierre Elliot Trudeau authorized the Department of National Defence to begin the acquisition of new warships for the navy. The decision to acquire fully combat capable warships was a shocking decision which marked the conclusion of a remarkable turnaround in Canadian defence policy. The navy, which had grown into a substantial and capable force during the early Cold War in the 1950s, had been in a steady decline since the mid-1960s as a result of the shifts in defence policy, cuts in personnel, and still deeper cuts to the capital funding needed to …

Applications To Collect And Analyze Or Destroy Energetics And Chemical Warfare Agents, Victoria Stubbs

Open Access Master's Theses

Terrorism is an ever-present threat in our society. In the last decade alone, terrorists killed an average of 21,000 people each year [1]. In 2018, there were 289 bombings in the US, and bomb threats increased by 32% since the year prior [2]. Before that, there was an average of 205 criminal bombings in the US between 2004 and 2005 [3]. All of this is not including the 2,996 lives lost when 4 planes struck the Pentagon, the Twin Towers, and a field in Pennsylvania, leaving long term physical and mental wounds on those who were affected by it [4]. …

Training, Equipping, And Deploying Teenagers For Preaching With A Prophetic Emphasis At The Plantation Seventh-Day Adventist Church, Iosif Salajan

Doctor of Ministry Projects

Problem

Teenagers were not integrated in the preaching ministry of the Plantation Seventh-day Adventist Church. Their involvement in the worship service revealed challenges in publicly expressing their faith and spiritual experience. The absence of training, equipping, and deploying teenagers for preaching ministry contributed to their low retention and their lack of representation in the leadership of the church.

Method

Between August 2018 and May 2019, under the coordination of the researcher, preaching mentors offered teenage mentees from the Plantation Seventh-day Adventist Church a complete learning cycle called sermonic process. It started with producing the sermon, continued with practicing the sermon …

Ebola And Emerging Infectious Diseases In Armed Conflict: Contemporary Challenges In Global Health Security Laws And Policies, Caroline Sell

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

Blood, Water, And The Indus Waters Treaty, Christopher R. Rossi

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the headwaters of the six major tributaries that form the massive Indus Basin, the essential fresh water source for Pakistan and for upwards of 300 million Indians and Pakistanis. Since 1960, the unusual Indus Waters Treaty has governed the use of these waters. The treaty forwards a water-division …

Rosegate Projectile Points In The Fremont Region, James R. Allison, Robert J. Bischoff

Faculty Publications

The Fremont projectile point typology was developed in the 1980s. An early revision combined the Rose Spring Corner-notched and Eastgate Expanding-stem types into a combined Rosegate type with an end date of AD 900-1000. Some archaeologists recognize that these projectile points persist to approximately AD 1300 but others use the earlier date range, and much of the relevant information is confined to gray literature. Furthermore, there is a varied approach to these types. Some use the original two types, while others use Rosegate or a combination of Rosegate, Rose Spring, and Eastgate. We used projectile point typology data, illustrations, and …

Euphemism And Jus Cogens, G. Alex Sinha

Hofstra Law Faculty Scholarship

Jus cogens norms of international law encompass the most stringent prohibitions of the law of nations. They reflect a global-and typically moral-consensus about impermissible conduct so complete and forceful that no derogation is permissible under any circumstances. Yet states derogate nevertheless. Lacking any valid legal justification for violating jus cogens norms, derogating states instead seek to euphemize their unlawful conduct. Doing so appears at a glance to be a calculated choice that allows States to have their cake and eat it too-to acknowledge the peremptory norms that purportedly bind all sovereigns while acting freely in violation of those norms by …

Climate Change Increases The Risk Of Fisheries Conflict, Elizabeth Mendenhall, Cullen Hendrix, Elizabeth Nyman, Paige M. Roberts, John Robison Hoopes, James R. Watson, Vicky W. Y. Lam, Rashid Sumaila

Marine Affairs Faculty Publications

The effects of climate change on the ocean environment – especially ocean warming, acidification, and sea level rise – will impact fish stocks and fishers in important ways. Likely impacts include changes in fish stocks’ productivity and distribution, human migration to and away from coastal areas, stresses on coastal fisheries infrastructure, and challenges to prevailing maritime boundaries. In this paper, we explore these and other related phenomena, in order to assess whether and how the impacts of climate change on fisheries will contribute to the risk of fisheries conflict. We argue that climate change will entail an increase in the …

War Powers: Congress, The President, And The Courts – A Model Casebook Section, Stephen M. Griffin, Matthew C. Waxman

Faculty Scholarship

This model casebook section is concerned with the constitutional law of war powers as developed by the executive and legislative branches, with a limited look at relevant statutes and federal court cases. It is intended for use in Constitutional Law I classes that cover separation of powers. It could also be used for courses in National Security Law or Foreign Relations Law, or for graduate courses in U.S. foreign policy. This is designed to be the reading for one to two classes, and it can supplement or replace standard casebook sections on war powers that are shorter and offer less …

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

Presidential Use Of Force In East Asia: American Constitutional Law And The U.S.-Japan Alliance, Matthew C. Waxman

Faculty Scholarship

The U.S. Constitution’s allocation of military authority has adapted over time to major shifts in American power and grand strategy. This paper explains, with a focus on U.S. military actions in East Asia and possible scenarios of special joint concern to the United States and Japan, that the president in practice wields tremendous power and discretion in using military force. Although formal, legal checks on the president’s use of force rarely come into play, Congress nevertheless retains some political power to influence presidential decision-making. The president’s powers are also constrained by interagency processes within the executive branch, and alliance relations …

Strengthening The U.S.-Japan Alliance: Pathways For Bridging Law And Policy, Columbia Law School, 2020, Nobuhisa Ishizuka, Masahiro Kurosaki, Matthew C. Waxman

Faculty Scholarship

During the three years leading up to this year ’s 60th anniversary of the signing of the 1960 U.S.-Japan Security Treaty, a series of workshops were held under the joint sponsorship of Columbia Law School’s Center for Japanese Legal Studies and the National Defense Academy of Japan’s Center for Global Security. Bringing together experts in international law and political science primarily from the United States and Japan, the workshops examined how differing approaches to use of force and understandings of individual and collective self-defense in the two countries might adversely affect their alliance.

The workshop participants explored the underlying causes …

Future Scenarios: “We Are All Failed States, Now”, Philip C. Bobbitt

Faculty Scholarship

As I write this, the constitutional environment of the United States is experiencing its greatest stresses since the American Civil War. A viral pandemic has engulfed the world and especially stricken the United States; as of this writing more than 3 million coronavirus cases have been reported in the United States, more than in any other country. Although the United States has about 4.2% of the global population, it has suffered 25% of the deaths worldwide – more than 132,000 Americans have died from the COVID-19 virus. Partly as a consequence of this viral apocalypse, US unemployment is experiencing levels …

Constitutional War Powers In World War I: Charles Evans Hughes And The Power To Wage War Successfully, Matthew C. Waxman

Faculty Scholarship

On September 5, 1917, at the height of American participation in the Great War, Charles Evans Hughes famously argued that “the power to wage war is the power to wage war successfully.” This moment and those words were a collision between the onset of “total war,” Lochner-era jurisprudence, and cautious Progressive-era administrative development. This article tells the story of Hughes’s statement – including what he meant at the time and how he wrestled with some difficult questions that flowed from it. The article then concludes with some reasons why the story remains important today.

Economic Sanctions & Political Unrest: Cuba And Iran, Bailey Nicole Sellers

UNF Graduate Theses and Dissertations

This study observes the relationship between economic sanctions and civil unrest. Through a comparative lens, this paper assesses two case studies: Iran and Cuba and attempts to explain why Iran experiences high frequencies of protests in comparison to Cuba.

Absurdity In The Statehouse: Burlesque Legislation And The Politics Of Rejection, Calvin Coker

Faculty and Staff Scholarship

This manuscript analyzes the public debate over legislation designed to mock and reject regulations of abortion in the United States. The bills, such as one in Texas requiring men to remain abstinent and avoid seminal discharge outside of narrow circumstances, are intentionally unworkable to critique Targeted Regulation of Abortion Provider (TRAP) laws, and laws regulating access to abortion in the US. I argue the bills are a form of Burkean burlesque, a novel strategy of humor and biting critique in the context of the US abortion debate. As that debate is characterized primarily by Burke’s (1984) tragic frame, with a …

Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark

Hofstra Law Faculty Scholarship

Human rights law, as set out in the International Bill of Rights 40 years ago, has not lived up to its drafters’ hopes. Its shortcomings are often blamed on weak enforcement. Because nation states resist restraints on their sovereignty, human rights law depends in large part on states policing themselves. On the international level, the UN and non-governmental organizations report on human rights violations, but they have no authority to sanction violators or compel remedies.

This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would …

Review Of: Jacques B. Doukhan, Daniel 11 Decoded: An Exegetical, Historical, And Theological Study, Roy E. Gane

Faculty Publications

No abstract provided.

The Indignities Of Civil Litigation, Matthew A. Shapiro

Hofstra Law Faculty Scholarship

Dispute resolution has become increasingly shrouded in secrecy, with the proliferation of protective orders in discovery, confidential settlement agreements, and private arbitration. While many civil procedure scholars have criticized this trend for undermining the systemic benefits of public adjudication, the desirability of secrecy in civil litigation proves to be a much more complicated question.

On the one hand, some of those same scholars have recently sought to justify civil litigation in terms that, ironically, highlight the benefits of secrecy. Although this new justification remains somewhat inchoate, it is best understood as a claim that the procedures of civil litigation allow …

Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell

Journal Articles

State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule …

Prosecuting Starvation Crimes In Yemen's Civil War, Laura Graham

Case Western Reserve Journal of International Law

"This article will discuss whether the responsible parties for starvation in Yemen can be prosecuted under international criminal law (ICL) or international humanitarian law (IHL) for war crimes or crimes against humanity (CAH)."

Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb

Case Western Reserve Journal of International Law

"The article begins with a brief overview of the contemporary international criminal law regime governing attacks against cultural heritage. It continues by identifying the main legal gaps as well as additional considerations that support the introduction of a distinct crime against humanity in the Draft Convention’s list of crime. The article then defines the proposed new crime and analyzes the crime’s elements including a definition of cultural heritage for the purpose of the Draft Convention."

No Soldiers Left Behind: An Iot-Based Low-Power Military Mobile Health System Design, James Jin Kang, Wencheng Yang, Gordana Dermody, Mohammadreza Ghasemian, Sasan Adibi, Paul Haskell-Dowland

Research outputs 2014 to 2021

© 2013 IEEE. There has been an increasing prevalence of ad-hoc networks for various purposes and applications. These include Low Power Wide Area Networks (LPWAN) and Wireless Body Area Networks (WBAN) which have emerging applications in health monitoring as well as user location tracking in emergency settings. Further applications can include real-Time actuation of IoT equipment, and activation of emergency alarms through the inference of a user's situation using sensors and personal devices through a LPWAN. This has potential benefits for military networks and applications regarding the health of soldiers and field personnel during a mission. Due to the wireless …

A Review Of Nyoongar Responses To Severe Climate Change And The Threat Of Epidemic Disease—Lessons From Their Past, Francesca Robertson, Jason Barrow

Research outputs 2014 to 2021

Nyoongar people have lived in the South West of Western Australia for at least 50,000 years. During that time, they experienced significant climate change, including wide variations in temperature and rainfall, and hundreds of metres’ difference in sea levels. Nyoongar people have a long memory, and climate change is described in their stories and in the knowledge they hold about how life was lived in earlier times. There are artifacts and places that have been manipulated to be productive despite severe drought. COVID-19 disrupted the writing of this article, and the authors felt it appropriate to include Nyoongar responses to …