Digital Commons Network^™

Implementing War Torts, Rebecca Crootof

Law Faculty Publications

Under the law of armed conflict, no entity is accountable for lawful acts in war that cause harm, and accountability mechanisms for unlawful acts (like war crimes) rarely create a right to compensation for victims. Accordingly, states now regularly create bespoke institutions, like the proposed International Claims Commission for Ukraine, to resolve mass claims associated with international crises. While helpful for specific and politically popular populations, these one-off institutions have limited jurisdiction and thus limited effect. Creating an international “war torts” regime—which would establish route to compensation for civilians harmed in armed conflict—would better address this accountability gap for all …

Design Of Pralidoxime Analogs As Antidote For Organophosphate Insecticide Via Computational Chemistry Approaches, Nalinee Kongkaew

Chulalongkorn University Theses and Dissertations (Chula ETD)

To exposure the toxicity of insecticides is common among agriculturalists, especially organophosphate pesticides (OPs), which are widely used in Thailand due to their easy availability and low cost. OPs act by disrupting the nervous system, resulting in frequent poisoning and higher mortality rates compared to general toxicity. Their mechanism involves irreversible inhibition of acetylcholinesterase (AChE), which normally breaks down acetylcholine neurotransmitters, leading to the accumulation of acetylcholine, which stimulates or inhibits the central nervous system. Currently, oxime compounds are commonly used for antidotal treatment, particularly the 2-pyridine aldoxime known as "2-PAM," approved by FDA for treating poisoning. However, 2-PAM has …

การปฏิรูปกองทัพปลดปล่อยประชาชนจีนปี 2015: ศึกษาการปรับโครงสร้างกำลังพล นัยยะต่อการบรรลุความฝันของจีน, จิรายุทธ ศรีภา

Chulalongkorn University Theses and Dissertations (Chula ETD)

การปรับโครงสร้างกำลังพลถือเป็นองค์ประกอบสำคัญของการปฏิรูปกองทัพจีนในปี 2015 ภายใต้การนำของ สีจิ้นผิง ซึ่งเป็นส่วนหนึ่งของยุทธศาสตร์การฟื้นฟูความยิ่งใหญ่ของประเทศหรือ “ความฝันจีน” โดยมุ่งสร้างกองทัพที่ทันสมัย เข้มแข็ง และมีประสิทธิภาพสูง เพื่อเป็นหลักประกันความมั่นคงและผลักดันการยกระดับสถานะของจีนบนเวทีโลก การปรับโครงสร้างกำลังพลของกองทัพจีนประกอบด้วย การปรับลดกำลังพลลง 300,000 นาย และการปรับสัดส่วนกำลังพลระหว่างเหล่าทัพ ผลการศึกษาพบว่าการปรับโครงสร้างดังกล่าวช่วยให้กองทัพจีนสามารถจัดสรรงบประมาณได้อย่างมีประสิทธิภาพมากขึ้น โดยเฉพาะการลงทุนในเทคโนโลยีและอาวุธยุทโธปกรณ์ที่ทันสมัย เพิ่มประสิทธิภาพในการฝึกอบรมกำลังพล การวิจัยและพัฒนาด้านการทหาร และการบูรณาการการปฏิบัติการระหว่างเหล่าทัพ นอกจากนี้ การปรับโครงสร้างยังส่งผลให้กองทัพจีนมีขีดความสามารถในการปฏิบัติภารกิจที่หลากหลายมากขึ้น ทั้งในระดับภูมิภาคและระดับโลก โดยเฉพาะการพัฒนาขีดความสามารถในการปฏิบัติการทางทะเลในพื้นที่ยุทธศาสตร์สำคัญอย่างทะเลจีนใต้ รวมถึงการส่งเสริมการขยายอิทธิพลทางทหารในระดับโลกผ่านการจัดตั้งฐานทัพในต่างประเทศและการสร้างความร่วมมือด้านความมั่นคงกับประเทศพันธมิตร การปฏิรูปครั้งนี้จึงถือเป็นก้าวสำคัญในการวางรากฐานสำหรับการพัฒนาประเทศในระยะยาวและการเสริมสร้างอำนาจของจีนในเวทีโลก อันจะนำไปสู่การบรรลุเป้าหมายการเป็นมหาอำนาจชั้นนำของโลกภายในปี 2049 ตามวิสัยทัศน์ “ความฝันของจีน”

The National Security Consequences Of The Major Questions Doctrine, Timothy Meyer, Ganesh Sitaraman

Faculty Scholarship

The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms.

In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare …

The Contours Of Gun Industry Immunity: Separation Of Powers, Federalism, And The Second Amendment, Hillel Y. Levin, Timothy D. Lytton

Scholarly Works

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), granting the firearms industry sweeping immunity from civil lawsuits. However, PLCAA immunity is not absolute. This Article demonstrates that both state and federal courts have fundamentally misread PLCAA when adjudicating cases involving the scope of gun industry immunity. Properly understood, PLCAA permits lawsuits against the gun industry so long as they are based on statutory causes of action rather than common law. While broadly preempting state common law claims, PLCAA affords state legislatures autonomy in deciding how to regulate the gun industry within their borders.

Additionally, this …

Breaking The Marble Ceiling: The Construction Of Athena In Greek Thought, Elizabeth Tulley

Honors Program Theses

This paper will begin with an examination of Greek culture and religion, in order to provide the context that is important for understanding the peculiarities of Athena. That examination will start with a look into the pre-Greek and early Greek civilizations in Greece, the Minoans and the Mycenaeans, before looking at ancient Greek civilization as a whole. It will then dive deeper into the roles of ancient Greek women, taking into account the Athenian bias that colors most of our sources for Greek civilization. The paper will then turn to briefly look at ancient Greek religion, giving important context for …

“To Live In The Body Of A Survivor ”: Unique And Cumulative Disaster Exposure And Mental Health In A Sample Of Hurricane Katrina Survivors, Noelle Serino

Public Health Theses

Introduction: Fueled by the escalation of climate change, weather-related disasters are increasing in frequency and severity. Existing research has documented the extensive harm induced by such disasters, yet few studies have examined how individuals’ psychological well-being fares when exposed to multiple, diverse threats, including other weather-related and public health disasters (e.g., COVID-19). As such, the present study explores posttraumatic and psychological distress in the context of unique and cumulative disaster exposure.Methods: The data utilized for this study came from the Resilience in Survivors of Katrina (RISK) Project. The sample was comprised of 381 predominantly Non-Hispanic Black (84.5%) women who experienced …

The Dissonant History Of Tristan And Isolde, Amanda Persaud

Dissertations and Theses

This essay traces the historical evolution of the story of Tristan and Isolde through three distinct phases, highlighting the transformation of the story from a feudal version to a post-feudal rendition infused with courtly love doctrines and notions of Christian love. It examines the early versions of the story by Béroul and Gottfried von Strassburg and discusses the shift in the portrayal of the relationship between Tristan and Isolde from one that decries disloyalty to one that is more sympathetic to their love. The essay also analyzes Richard Wagner's opera version of the story, which celebrates individual desire over duty …

Pillars For Nuclear-Weapon States To Make Material Progress On Nuclear Disarmament, Madina Zhetenova

Dissertations and Theses

The nuclear arms race in the twenty-first century hinders progress towards disarmament and greatly increases the risk of nuclear catastrophe. Nuclear disarmament is a global issue that is necessary not only to reduce the risk of war but also to strengthen world peace and security, and to prevent the waste of human and material resources. Through a comparative analysis of the experiences of nuclear-weapon states, this study identifies the behavioral factors underlying the retention of nuclear weapons as well as the challenges and opportunities faced by international treaties. I will do so while reviewing nations' declarations, social and economic factors, …

The Nexus Of Climate Change And Human Rights: An Examination Of How Social, Political, And Environmental Impacts Of Climate Change Jeopardize The Protection Of Human Rights In The African Sahel, Camden R. Malone

Dissertations and Theses

Climate change is a threat multiplier by its driving forces of environmental stress and scarcity. In the developing world, countries are hit hardest and most frequently by the effects of climate change, such as severe floods, droughts, and desertification. In this thesis, I argue that existing models for the umbrella-term of climate-security underemphasize dimensions of human security through exclusion of HR violations linked to climate such as subjection to food/water stress, compromised health, displacement, and violent conflict. Therefore, the climate-security paradigm should be recast to pay closer attention to its consequences related to human rights protection, which I refer to …

Prosecuting Rape As Genocide: An Analysis Of The Legal Framework And Challenges In International Law, Anya Syed

CMC Senior Theses

Rape can be used to annihilate, control, and humiliate populations. Mass rape can have genocidal intent. Yet, thus far, the legal definition of genocide has failed to codify rape. These severe limitations in the definition of genocide create legal impunity and impede the rehabilitation of rape survivors. This failure also results in legal challenges, including the lack of basis to distinguish between rape during war and genocide. This paper seeks to provide readers with sufficient background to understand the legal challenges currently preventing the prosecution of rape as genocide. After presenting this information, the paper details past courts that have …

Autonomy, Influence, And Impunity: The Failures Of The Western Intelligence Institution, Ava Liao

CMC Senior Theses

Intelligence agencies have always suffered from internal inefficiencies. By nature, their opaqueness and deliberate ambiguity in what they bring to the table disincentivizes scrutiny or critique from other government entities and the general public. There is very little accountability to be had for intelligence agencies, even in Western liberal democracies: no amount of voting will change how they are structured or operated, and thus incentive to change usually does not arise from domestic pressures, but rather from large-scale failures. Methods used to obtain intelligence are often presented very objectively, without context or accounting for the ideological values influencing them. It …

The Role Of The Wagner Group In The Russo-Ukrainian War, Erik Herbert Lohmus

CMC Senior Theses

The Wagner Group has emerged as one of the most prominent actors of the on-going Russo-Ukrainian war. Although Private Military Companies are banned by the Russian Constitution and Russian Criminal Code, Wagner has been able and permitted to operate all across the world as a foreign policy tool of the Russian state. However, Wagner’s use and employment in Ukraine has differed drastically compared to Syria, Central African Republic and Libya, as the group is employed in a more conventional capacity. With many of the Russian successes in the east of Ukraine attributable to Wagner, the financier of the group, Yevgeny …

Unscr 1325 Did Not Help Women, Peace, Or Security In Afghanistan: The Role Of Militarism And Hegemonic Masculinity In International Security, Sawyer Bannister

CMC Senior Theses

This paper argues that UNSCR 1325 on Women, Peace, and Security exemplifies how the international security system is constructed in a way that not only preserves militarism and hegemonic masculinity, but further perpetuates gendered power disparities and exacerbates human insecurity. In this pursuit, this paper develops a theoretical framework of radical feminism to illustrate how the international arena embodies militarized hegemonic masculinity and how this power paradigm fundamentally inhibits international security organizations from successfully addressing gender issues. Additionally, this paper utilizes a case study of UNSCR 1325 and WPS implementation in Afghanistan to reveal how when international security organizations attempt …

Vulnerable Culture: Protecting History In War And Peace, Molly Luce

CMC Senior Theses

Cultural, historic, and religious sites and objects have a strong correlation with the identity of the community they belong to, in addition to that of humanity. Rosilawati et al. assert that “Cultural heritage and social identity exists in correlation and are interconnected. The shared identity associated with one’s cultural background and historic setting may initiate feelings of pride in one’s culture.”^[1]Essentially, the looting and destruction of such sites and antiquities is not only an attack on the tangible, but the very essence of a population. As the War in Ukraine rages on, Ukrainian cultural heritage sites and historic …

Simulacra And Simulation Hypothesis: How Real Is Our Reality?, Annika Larson

CMC Senior Theses

Metaphysical quandaries have plagued humans for centuries, beginning with Plato, who in his Allegory of the Cave, illustrated a world where people misinterpreted shadows on the wall as reality. This paper examines the notion that our reality is a simulation, either created by us or by external forces. The ontological theories presented in this paper are mainly derived from the work of media theorist Jean Baudrillard and his concept of hyperreality as well as Nick Bostrom’s argument for the simulation hypothesis. I also analyze Slavoj Zizek’s comments on media depictions of simulations in mainstream movies like The Matrix and The …

Securing Patent Law, Charles Duan

Scholarly Articles in Law Reviews & Journals

A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …

Niccolò Machiavelli: How One Florentine Man Continues To Haunt Political Theorists Beyond The Grave, Victoria Jaqueline Amezcua

History - Master of Arts in Teaching

I. Synthesis Essay……………………………….3

II. Primary Documents and Headnotes………..25

III. Textbook Critique……………………………..39

IV. New Textbook Entry…………………………..45

V. Bibliography………………………………….....24

The Othering Of An Empire: A Historiographical And Pedagogical Assessment Of Orientalism, Genghis Khan, And The Mongol Empire, Edward Stehr

History - Master of Arts in Teaching

I. Synthesis Essay………………………………....3

II. Primary Documents and Headnotes………....28

III. Textbook Critique……………………………...40

IV. New Textbook Entry…………………………..44

V. Bibliography…………………………………....50

The Essence Of Therapeutic Relationships In Equine-Assisted Psychotherapy, Joy Clark Akin

Walden Dissertations and Doctoral Studies

AbstractTraditional psychotherapeutic approaches are not always effective in alleviating psychological symptoms and improving functioning in young adults. Equine-assisted psychotherapy (EAP) has been shown as a beneficial alternative therapeutic method developed for clients not helped by traditional methods. However, the essence of the therapeutic relationship that develops between the client, horse, therapist, and equine specialist has not been explored. The purpose of this phenomenological study was to explore the lived experience of the therapeutic relationship in young adults who participated in EAP. The frameworks of person-centered theory and self psychology guided the development of interview questions, data analysis, and interpretation. Four …

The Prison Reentry Experience Of Justice-Involved Veterans, Latta Roosevelt Thomas Jr.

Walden Dissertations and Doctoral Studies

Prison reentry programs attempt to equip justice-involved veterans with life skills necessary for their transition out of prison. This qualitative study addressed the scant understanding of the impact pre-released prison reentry programs have on justice-involved veterans’ transition and reintegration back to the community. The purpose of this qualitative study was to describe the perceptions of justice-involved veterans regarding prison reentry programs that have impacted their transition out of prison. The well-being development model and Castro’s military-to-civilian transition model provided the conceptual framework for this qualitative study, using semistructured questions to interview 11 justice-involved veterans regarding their participation in prison reentry …

Strategies For Improving Supply Chain Management In United Nations Peacekeeping Missions, Mirjana Mazar

Walden Dissertations and Doctoral Studies

Managers of the United Nation’s humanitarian operations are under rigid pressure to deliver their programs efficiently due to 75% of supply chains experiencing disruptions, accounting for 60 to 80% of the expenses due to limited funding and increasing scrutiny by member states. Humanitarian operations are inextricably linked to the performance of a supply chain. Therefore, if the supply chain managers in the United Nations (UN) fail to understand and adopt dynamic capabilities, they can experience operational underperformance, affecting trust from financial supporters. Grounded on dynamic capability theory, the purpose of this qualitative multiple-case study was to explore strategies that executive …

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

Addressing Conflict-Related Sexual Violence In Liberia, Nathaniel Benjamin Walker

Walden Dissertations and Doctoral Studies

The phenomenon of sexual violence against women in Liberia is a disturbing problem. Despite the significant number of individuals who have faced sexual assault in this country, little is known about the roots and long-term implications of this phenomenon within the context of Liberia, as well as the instruments that could be effective in remedying its effects. This study was conducted to understand how conflict-related sexual violence affects women in Liberia and suggest ways to help address it. The research questions addressed the effect of war-related sexual violence against women in Liberia and the strategies that are necessary to remedy …

Public Policy And African American Victims Of Inner-City Violence, Michael Andrew Benson Sr.

Walden Dissertations and Doctoral Studies

The effects of being victimized or being a witness to a violent traumatic event without the support of public institutions, such as criminal justice, social service agencies, and mental health care clinics has led to post-traumatic stress disorder (PTSD). The purpose of this study was to explore the barriers and success factors for victims of inner-city violence as it related to access to public administration institutions to address their victimization. Self-efficacy theory was used as the theoretical foundation, and the study’s research question focused on victimization and access to public policy institutions. The study used a qualitative design with 10 …

An Interpretative Phenomenological Analysis Of Lived Experiences Of Graduate-Level Peace Educators: Voices For Sustained Peace, Kwasi David Ansong

Department of Conflict Resolution Studies Theses and Dissertations

Peace education is arguably one of the underappreciated areas of study within the social sciences. Many lifelong, dedicated peace education professionals often feel undervalued by the military-industrial complex apparatus. Influential individuals and corporations that thrive in chaotic and conflicting environments every so often underestimate the relevance of peace educators. Educators find among academic and professional students an intensified urgency to learn the skills necessary to address real-world conflict; however, these courageous individuals are seemingly battling powerful forces with wealth and power. Although such happenings can be demoralizing, it is slowly galvanizing dedicated peace educators to evolve by altering their skill …

Coalition Of The Ending: Why States Withdraw From International Military Coalitions, Weiss Mehrabi

Theses and Dissertations--Political Science

This dissertation examines the causes and conditions motivating states to discontinue supporting an ongoing military coalition operation and prematurely abandon their partners. In exploring coalition defection through a three-article dissertation, I advance three separate theoretical arguments focusing on three levels of analysis.

The first article contributes to the literature by investigating the effects of political regime types on coalition abandonment during interstate wars. I argue that anocracies are dependable wartime partners and will not abandon coalition warfare earlier than autocracies and democracies. I advance two arguments for the theory of anocratic reliability. First, leaders of mixed regimes expect severe post-defeat …

Damsels In Defense: Exploring The Relationship Between Women And Violence Against Civilians During Armed Conflict, Baylee Harrell

Theses and Dissertations--Political Science

Conventional wisdom dictates that women are mostly victims of violence in armed conflict, but recent studies reveal women are often active participants and perpetrators of violence as well. Meanwhile, research shows armed group composition is a frequent determinant of violence against civilians, but many unconventional, yet influential, actors have received little attention regarding this outcome. Furthermore, few studies provide quantitative and cross-national evidence of how women’s shifting roles from victim to perpetrator affects violence against civilians. In this dissertation I examine the relationship between armed group composition, women, and violence against civilians in civil war by evaluating women’s roles as …

Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii

Publications

From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these "human-in-the-loop" systems. We make four contributions to the discourse.

First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify "the MABA-MABA trap," which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into a decision-making process. Regardless of whether the …

“Laugh, When I Gives You A Joke”: The Forms And Functions Of Humor In The Great War, Samuel Sakoulas Griffin

Graduate Theses/Dissertations

In today’s popular memory, the First World War experience is not well-known for its humor. Yet during and after the war, soldiers produced a small but significant wave of wartime joke books and humorous war-story collections, in part to cope with their experiences in terrible, industrialized war, and also as a way to interpret, commemorate, and remember the war. These humorous interpretations and memories of the war clashed with the dominant literary reaction to the war, that of the mutilation of bodies and pointless deaths. But humor appeared in the midst of the slaughter, and today serves as an opening …