Digital Commons Network^™

Mutual Wealth In Rural America, E. G. Nadeau, Elisabeth Howard

Center for Social Development Research

This essay contends that mutual wealth in rural America, particularly related to the use of land and other natural resources, has undergone three major paradigm shifts in the last 500 years, and may be at the threshold of a fourth. First, from the early 1500s to about 1800, European diseases and conquest destroyed the elaborate management systems for agriculture, forests, game, and other natural resources developed by North American Indians. Second, from the early 1500s to the early 1900s, European and white American settlers, induced by offers of land, repopulated the continent primarily with small and medium-sized farms and ranches. …

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

The North Korean Nuclear Crisis: Past Failures And Present Solutions, Morse Tan

ExpressO

North Korea has recently announced that it has developed nuclear weapons and has pulled out of the six-party talks. These events do not emerge out of a vacuum, and this article lends perspective based on an interdisciplinary lens that seeks to grapple with the complexities and provide constructive approaches based on this well-researched understanding. This article analyzes political, military, historical, legal and other angles of this international crisis.

Past dealings with North Korea have been unfruitful because other nations do not recognize the ties between North Korean acts and its ideology and objectives. For a satisfactory resolution to the current …

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …

The Free World Confronted: The Problem Of Slavery And Progress In American Foreign Relations, 1833-1844, Steven Heath Mitton

LSU Doctoral Dissertations

Enacted in 1833, Great Britain’s abolition of West Indian slavery confronted the United States with the complex interrelationship between slavery and progress. Dubbed the Great Experiment, British abolition held the possibility of demonstrating free labor more profitable than slavery. Besides elating the world’s abolitionists, always hopeful of equating material with moral progress, the experiment’s success would benefit Britain economically. Presented evidence of the greater profits of free labor, slaveholders worldwide would find themselves with compelling reason to abandon slavery. Likewise, London policymakers would proceed with little need—and no economic incentive—to promote abolition in British foreign policy. British hopes foundered on …

The Secret Kappa Lambda Society Of Hippocrates (And The Origin Of The American Medical Association's Principles Of Medical Ethics), Charles T. Ambrose

Microbiology, Immunology, and Molecular Genetics Faculty Publications

This paper relates the neglected history of an idealistic, secret medical fraternity which existed briefly in Lexington, Kentucky, during the first half of the 19th century. It was created for students in the Medical Department at Transylvania University, the fifth US medical school, founded in 1799. One goal of the fraternity was to counter the widespread dissension and often violent quarrels among doctors that characterized American medicine of that period. And to that end, it was among the first to promote Thomas Percival's code of medical ethics in this country. Branches of the fraternity were established in Philadelphia and New …

Julian Cecil Stanley Papers, Zach S. Henderson Library, Special Collections

Finding Aids

This collection consists of the research materials of Johns Hopkins professor of psychology, Julian C. Stanley. Materials range from 1950-2005 and include his published reprints, abstracts, reports, letters, and seminar papers. The collection also includes reviews of research materials and articles by prominent psychologists in similar fields.

Find this collection in the University Libraries' catalog.

"I Respectfully Dissent" : Intellectual Leadership In The Nation's Highest Court, Alison M. Smith

Honors Theses

The right of an individual to dissent from the ideas of his or her peers, or even his or her government, has been one of the defining characteristics of American civil society. The United States itself was founded as a result of American colonists' dissenting from the British government, and our Constitution established a governmental system that would not only accommodate, but encourage a process of deliberative democracy in which the views of both the many and the few would be taken into account and considered thoroughly. A system of internal checks and balances between the legislative, judicial and executive …

Responses To Transnational Non-Governmental Terrorism In Kenya And The United States: An Anthropological Analysis, Kennedy Geoffrey Ondieki

UNLV Retrospective Theses & Dissertations

Terrorism is an ancient human phenomenon. In contemporary societies, however, terrorist attacks affect every country in one form or another. Hardly can any continent, region, or community claim immunity from it. Its causes, characteristics, and controlling mechanisms are as diverse and complex as there are terrorist groups. The impacts of terrorism, on other hand, are lethal and far-reaching as are government responses against it. This study began as an attempt to examine governmental and survivor responses and reactions in regard to the attacks of the American embassies in Kenya and Tanzania on August 7, 1998. Then the horrific attacks against …

The Cost Of Wisdom : A Comparative Theoretical Analysis Of Research Ethics In The United States, Germany And Hungary., Steven A. Drewry

Electronic Theses and Dissertations

This dissertation is a comparative theoretical analysis of human rights, research ethics and human subjects protection. The history of human rights is a long one, but for the sake of immediacy and focus, the author will limit the discussion to events pertaining to the last century and the beginning of a new one. Through a process of sociocultural review of significant human rights and scientific events pertinent to research involving human subjects, this work will examine the evolution of research ethics in the United States, Germany and Hungary. These nations are not intended to be representative of international research ethics …

Intercultural Contact And The Creation Of Albany's New Diplomatic Landscape, 1647--1680, Holly Anne Rine

Doctoral Dissertations

This dissertation analyzes the process of Albany's rise to the center of American Indian-European relations on the northeast coast of North America between the years 1647--1680. By the year 1677 the Albany courthouse served as the meeting place for the negotiations that formed the Covenant Chain between the Five Nations of the Iroquois and the English colonies of North America. To reach this important development, however, took years of political, military, economic and cultural struggle. Moreover, these struggles were not merely between the Iroquois and the English who would eventually negotiate the Covenant Chain, but within them as well.

Moreover, …

Glacier National Park And The Blackfoot Nation's Reserved Rights: Does A Valid Tribal Co-Management Authority Exist?, Curt Sholar

American Indian Law Review

No abstract provided.

The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy

New England Journal of Public Policy

Over the last fifty years the United States has fought four covert wars by using a unique combination of special operations and airpower as a substitute for regular ground troops. Such covert wars are removed from Congressional oversight and conventional diplomacy. Their battlegrounds become the loci of political instability. In highland Asia, while these covert wars are being fought, CIA protection transforms tribal warlords into powerful drug lords linked to international markets. Arguably, every nation needs an intelligence service to warn of future dangers. But should this nation have the right, under U.S. or international law, to conduct its foreign …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during …

Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman

San Diego International Law Journal

This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The …

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.

Fidel Castro On The United States Selected Statements, 1958-2003, Hans De Salas-Del Valle

Institute for Cuban & Cuban-American Studies Occasional Papers

No abstract provided.

Review Of "A Fraternity Of Arms: America & France In The Great War" By Robert B. Bruce., Jennifer D. Keene

History Faculty Articles and Research

This is a review of Robert B. Bruce's "A Fraternity of Arms: American & France in the Great War."

United States Civil-Military Relations: Finding Equilibrium In The Changing National Security Environment, Sean W Pascoli

UNLV Retrospective Theses & Dissertations

There has been an ongoing debate for several years on the "crisis" that has developed in American civil-military relations. The U.S. military has been criticized for inappropriate behavior and insubordination to civilian control. Some scholars believe that the American military has become an independent bureaucracy, more concerned with its own interests as opposed to national security; While there is evidence of problems demanding attention, these issues are more symptomatic of the traditional ebb and flow of American civil-military relations. Although there is no "crisis", the American military's attempts to dictate when and where it will intervene with force (i.e. the …

Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott

Faculty Articles

Because of the dangers presented by al-Qaeda style terrorism, the United States has crafted a variety of robust anti-terrorism responses. One of the more controversial of these is the indefinite detention of suspected enemy combatants, and the associated question as to whether the United States can and does employ torture.

Many prominent voices, such as Professor Alan Dershowitz, have advocated a judicial exception allowing torture as an interrogation tool in special instances, but the United States has struggled to find an appropriate balance between civil liberties and security concerns. To succeed in the War on Terror, the U.S. cannot allow …

Holding The Line In I Corps: The Unintended Consequences Of Mcnamara's Electronic Fence, Nathaniel R. Helms

Theses

The primary focus of this thesis is the development, implementation, and results of a multi-billion dollar electronic anti-personnel barrier that once divided North and South Vietnam during America's involvement in the Vietnam War, a conflict that pitted the strongest nation on earth against one of the weakest.

United States participation in the Vietnam War lasted from 1959 to 1975 in one degree or another and conservatively cost the world more than two million lives, among them almost 57,000 Americans, two million Vietnamese, 1.5 million Cambodians, several hundred thousand Laotians, and a smaller number of Thais, Filipinos, Australians, New Zealanders, Chinese, …

The Alliance Against Disarmament: The Atomic Energy Commission, The National Security Council, And The Joint Chiefs Of Staff, Mary D. Wammack

Psi Sigma Siren

Of the discussions that took place at the highest policy levels during the administration of Dwight D. Eisenhower, those concerning the possibility of a diplomatic solution to the arms race with the Soviet Union were among the most urgent and, perhaps, the most consequential in their failure. In the United States, members of the Eisenhower cabinet and other agencies and departments analyzed and addressed the consequences of various diplomatic proposals. Throughout that assessment phase, the National Security Council, the Joint Chiefs of Staff, and the Atomic Energy Commission joined in steadfast opposition to arms limitations. On the international plane, the …

Crisis Of Transatlantic Relations: Nato And The Future European Security And Defense Identity, Mamedov Muschwig

University of Miami International and Comparative Law Review

No abstract provided.

The Confederacy’S Bomb Brothers, Peggy Robbins

The Journal of Conventional Weapons Destruction

George and Gabriel Rains had a knack for blowing things up during the American Civil War between 1861-1865. They were the Confederacy’s “Bomb Brothers.” Were they fathers of the modern day land mine?

Legal And Policy Implications For A New Era: The War On Terror, Jeffrey F. Addicott

Faculty Articles

The attacks on September 11, 2001 marked the beginning of the War on Terror. A conclusive body of evidence pointed directly to al-Qa’eda’s terrorist organization as the perpetrators of the arrack and to Afghanistan’s Taliban as the State-supporter of the terrorist organization. Al-Qa’eda terrorists use religion, most often radical Islamic fundamentalism, to justify the mass murder of innocent individuals–demonstrating they have no regard for human life, let alone the human rights and fundamental freedoms of others. Armed with the Congressional Joint Resolution, United Nations (“U.N.”) Resolution 1368, and the North Atlantic Treaty Organization (“NATO”) Resolution, the United States and its …

The Drama Of Dysfunction: Value Conflict In Us Managed Care, Diana D. Mrotek

WCBT Faculty Publications

The transformation of the American health care environment from retrospective fee-for-service to managed care has been both rapid and chaotic. This period of change has been infected by value conflict, evoking unconscious processes in system participants as they have attempted to cope with personally threatening situations. This article attempts to elucidate this process by presenting an account of events and accompanying value conflict as it occurred over time. It also includes a systems analysis of the rapidly changing mosaic of unconscious processes that resulted from the divergent values held by the public and health care professionals, using various organization behavior …

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

War, Reform And State -Building In Brazil And In The United States: Slavery, Emancipation And Decision -Making Processes In The Paraguayan And Civil Wars (1861--1870), Vitor Izecksohn

Doctoral Dissertations

The present dissertation undertakes a comparative-historical analysis of the impact of the American Civil War and the Paraguayan War on the American and the Brazilian populations. It investigates how both war's dynamics interfered with the social orders existent in both countries. It underlines the impact of recruitment to show how the pronounced growth of each national state during wartime interfered with the lives and customs of the populations subjected to the draft.

War mobilization is always a dramatic event in any society. Increasing government intervention during wartime normally leads to a temporary invasion of local prerogatives through recruitment and mobilization. …

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Journal Articles

United States courts have only incomplete and uneven jurisdiction, most acquired piecemeal and only in recent years, to prosecute genocide, war crimes and crimes against humanity committed outside our borders. Recent developments in international law and practice-especially the heightened commitment of democracies including the United States to end impunity for atrocities, and the imminent prospect of a permanent International Criminal Court (ICC) with worldwide jurisdiction-suggest the need to expand and rationalize the jurisdiction of U.S. courts to make it coextensive with that of the ICC.

It now appears all but certain that the ICC will come into being in the …

Many Hands Can Lift The Heaviest Of Burdens': A Guide And Resource Book To Assist In Teaching And Learning About Africa In The United States, Prexy Nesbitt

Rozell 'Prexy' Nesbitt Writings and Speeches

Prexy Nesbitt, a Chicago-based anti-apartheid activist and educator, authored this bookdraft designed for teachers to teach about knowledgably about Africa -to those who have both never taught about Africa as well as those who have taught about Africa for a long time. 15 pages.