Digital Commons Network^™

Occupation Law During And After Iraq: The Expedience Of Conservationism Evidenced In The Minutes And Resolutions Of The Iraqi Governing Council, Jordan E. Toone

Florida Journal of International Law

No abstract provided.

"Ihl" As "Islamic Humanitarian Law": A Comparative Analysis Of International Humanitarian Law & Islamic Military Jurisprudence Amidst Changing Historical Contexts, Omar Yousaf

Florida Journal of International Law

This Note will begin with an introduction to the relevant sources of law in each respective tradition so as illustrate their legitimacy and their influence on the regulation of armed conflict. Then the analysis will discuss the importance of jus as bellum, and how the socio-historical contexts that underlie the justifications of going to war have shaped the laws that regulate the conduct of war. Next, the discussion will turn to a comparative analysis of particular principles related to regulation of armed conflict, including civilian immunity and the principle of distinction (including the distinction between civilian and military objectives), …

The Constitution Of Cádiz In Florida, M.C. Mirow

Florida Journal of International Law

This study seeks to make a contribution to our understanding of the application and the history of the Constitution in the colonial world of St. Augustine, Florida, immediately after its promulgation in Spain.

Ready . . . Fire . . . Aim!: A Case For Applying American Due Process Principles Before Engaging In Drone Strikes, Carla Crandall

Florida Journal of International Law

No abstract provided.

Applicability And Application Of The Laws Of War To Modern Conflicts, Daphné Richemond-Barak

Florida Journal of International Law

This Article examines if, and how, the laws of war apply to conflicts involving non-state actors—whether they are guerrilla groups, terrorist organizations or private military contractors.

Traditional Military Activities In Cyberspace: Preparing For "Netwar", Paul A. Walker

Florida Journal of International Law

This Article argues that the military’s decision to conduct action against the CIA and Saudi-monitored website was well within the norms of traditional military activity. Because the action occurred during the course of an armed conflict against al Qaeda, there would also be no need to acknowledge such an action when it was directed by a military commander. This Article explores the array of traditional military activities that may occur in the Internet and other information environments without triggering covert action reporting requirements through the prism of a historical examination of two types of military activity that contribute to the …

Taking Risks Ethically, John D. Haskell

Florida Journal of International Law

In this Article, I have adopted a two-fold approach to these challenges. First, I want to briefly think about some common “illusions” that may restrict our ability to cope with the violence and paranoia that haunts our horizons. My suspicion is that too often we see ourselves in the role of architects, embroiled in debates over the structural aspects of civil society at home and global governance abroad. In this sense, I want to suggest that it is not our institutions or ideological underpinnings that stifle our efforts, but something more intimate, something about our most cherished conceptions of our …

The Art Of Money Laundering, Hannah Purkey

Florida Journal of International Law

No abstract provided.

Legal Ramifications Of The War In Gaza, Johan D. Van Der Vyver

Florida Journal of International Law

The purpose of this Article is to highlight the major rules of international (humanitarian) law that have been implicated by the war in Gaza. Needless to say, when applying those rules of law to the empirical facts, and indeed in attempting to evaluate the claims and disclaimers on both sides of the offensive, the issues at stake are extremely complicated. Nor perhaps is the one-sided and almost exclusive condemnation of the Israeli offensive entirely warranted; that is, if the militant actions of Hamas is measured, objectively, against the applicable rules of international humanitarian law.

The Battle Continues: Fighting For A More Child-Sensitive Approach To Asylum For Child Soldiers, Jennifer C. Everett

Florida Journal of International Law

This Article argues that both international and domestic law obligates the United States to address the special needs of child soldiers seeking asylum. Although the U.S. Department of Homeland Security (formally Immigration and Naturalization Services) established Guidelines for Children’s Asylum Claims in 1998, this Article argues that these policies failed to incorporate sufficient procedural protections or any substantive changes to the asylum determination system itself. Without necessary procedural and substantive changes to asylum law, the United States will do little to ensure that those most in need of refugee protection receive it. Ultimately, what is needed is an asylum system …

Unlawful Combatant Or Innocent Civilian? A Call To Change The Current Means For Determining Status Of Prisoners In The Global War On Terror, Thomas J. Bogar

Florida Journal of International Law

This Article suggests that both the CSRT and the Article 5 tribunals are inadequate to accurately determine the correct status of prisoners captured in the GWOT. Neither the United States implementing regulations under Article 5 nor the CSRT procedures provide the sufficient means for determining status of prisoners. Because of these inadequacies, this Article proposes a modified model that ensures due process is provided to prisoners, particularly when making prisoner status determinations under International Humanitarian Law.

As background, Part II discusses prisoner of war status and the benefits afforded prisoners under the Conventions and Additional Protocols. I also details the …

The 2006 Israel-Lebanese Conflict: A Case Study For Protection Of The Environment In Times Of Armed Conflict, Ling-Yee Huang

Florida Journal of International Law

This Comment will examine the oil spill from the recent Israeli-Lebanese conflict as a case study for the application of humanitarian law principles—humanity, discrimination, military necessity, and proportionality—to protection of the environment during times of armed conflict.

Small Arms And Light Weapons: Complicity "With A View" Toward Extended State Responsibility, Theresa A. Diperna

Florida Journal of International Law

No abstract provided.

Full Issue 16.1

Genocide Studies and Prevention: An International Journal

No abstract provided.

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …

Quirin To Hamdan: Creating A Hybrid Paradigm For The Detention Of Terrorists, Amos N. Guiora

Florida Journal of International Law

This Article’s legal and policy recommendations offer a concrete model for procedural changes that may cure the deficiencies highlighted in the Hamdan decision. While Osama Bin Laden and those of his ilk are “our enemy,” it is critical that the specific legal status of these individuals be defined in order to determine their rights.

Is Article 25(3) Of The Icc Statute Compatible With "Crime Of Aggression"?, Nicolaos Strapatsas

Florida Journal of International Law

No abstract provided.

It Takes A Village…Or At Least A Region: Rethinking Peace Operations In The Twenty-First Century, The Hope And Promise Of African Regional Institutions, Dana Michael Hollywood

Florida Journal of International Law

No abstract provided.

Sovereignty In A Postsovereign World, John Alan Cohan

Florida Journal of International Law

No abstract provided.

Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio

Florida Journal of International Law

This Article will focus on some of the practical type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY’s referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms is an effort to propose solutions for certain types of cases …

Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker

Florida Journal of International Law

No abstract provided.

The New U.S. Approach To The Fissile Material Cutoff Treaty: Will Deletion Of A Verification Regime Provide A Way Out Of The Wilderness?, David S. Jonas

Florida Journal of International Law

No abstract provided.

The Darfur Debate: Whether The Icc Should Determine That The Atrocities In Darfur Constitute Genocide, Jamie A. Mathew

Florida Journal of International Law

The purpose of this Article is to review the evolution of the genocide question and to conduct a legal analysis of whether genocide has been committed or is being committed in Darfur. The scope of this Article is limited to the crime of genocide and does not include crimes against humanity or war crimes.

Part II explains the ICC and its procedural requirements, especially in relation to the recent Security Council Resolution, and further details the development of the international law of genocide. Part III provides demographic and historical background information on Sudan and describes the current conflict in Darfur. …

Ill At Ease: The Precarious State Of The Biological Weapons Convention's Proposed Enforcement Regime, Nahal Kazemi

Florida Journal of International Law

No abstract provided.

Book Reviews, Florida Historical Society

Florida Historical Quarterly

O'Donoghue, Water from Stone: Archaeology and Conservatfon at Florida's Springs. by Guy H. Means; Ivers, This Torrent of Indians: War on the Southern Frontier, 1715-1728. by Jason Herbert; Geier, Scott, and Babits, eds., From These Honored Dead: Historical Archaeology of the American Civil War. by Carl G. Drexler; Hurt, Agriculture and the Confederacy: Policy, Productivity, and Power in the Civil War South. by Judith Gentry; Graham, Silent Films in St. Augustine. by Bruce Chadwick; Ingram, Dixie Highway: Road Building and the Making of the Modern South, 1900-1930. by Kevin Mitchell Mercer; Capo Jr., Welcome to Fairyland: Queer Miami Before 1940. …

Why Africa? Towards A Materialist Understanding Of Racism And The African Slave Trade, Giacomo F. Green

Swarthmore Undergraduate History Journal

Common historical interpretations of the Atlantic slave system often lose the position Africa within the political-economic haze of the era, either producing confused accounts or eliding the question of causality altogether. I argue that this tendency stems from the corrosive effects of the historian’s position as an observer from the present, and that to understand why Africa was the prime location for the source of human slaves, one needs to take a materialist approach to the problem of origins. Only through careful examination of empire, the plantation complex, and the genesis of the Atlantic working classes can one arrive at …

Macalester Today Summer 2022, Macalester College

Macalester Today

No abstract provided.

Relationships Between Monomer Chemical Structure, Network Architecture And Thermal Stability In Glassy Polycyanurates, Rebecca Haber

Dissertations

We study monomer melt properties and polymer properties using two approaches. The first approach takes advantage of molecular dynamics to calculate monomer melt properties. The second approach involved an experimental investigation of polycyanurate networks with varying monomer functionality and rigidity.

For our computational study we applied an existing voids method by Solca et al. to calculate melting temperature for four different cyanate esters: (a) 2’-(4-cyanatophenyl) propane (BADCy), (b) 4,4'-(ethane-1,1-diyl) bis(cyanatobenzene) (LECy), (c) tris(4-cyantophenyl) methylsilane (SiCy-3), and (d) bis(4-cyanatophenyl) dimethylsilane (SiMCy). For systems with 1 to 10% voids, the predicted melting temperature decreased due to a decrease in the free energy …

Introduction To The English Translation, Steven Salaita

Faculty Book Chapters

Kanafani’s political writings, like the broader Palestinian intellectual tradition, are underknown in the Anglophone world despite being so influential in Arabic. The translation of On Zionist Literature that follows is an effort to rectify this deficiency. As readers, we can learn a great deal about Zionism and Palestinian resistance from Kanafani’s incredible knowledge and experience. We can also follow the book’s example and move our comprehension of political material in the internet age from the realm of myth into the more satisfying terrain of material politics. - Steven S

Womans Exponent Transcription File For Download, Lula Greene Richards, Emmeline B. Wells, Annie Wells Cannon, Harold B. Lee Library

The Woman’s Exponent Transcription

No abstract provided.