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Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual - And Miss, Brian L. Cox

Cornell Law Faculty Publications

In a letter recently sent to the Department of Defense General Counsel, two lawmakers—Representative Sara Jacobs and Senator Dick Durbin— present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.

Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the inquiry determines that …

Gender, Violence, And The Death Penalty, Sandra L. Babcock, Nathalie Greenfield

Cornell Law Faculty Publications

This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only—comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed, the great majority have …

Chinese Students’ Transcultural Strategies: Intentions To Navigate Identity Conflicts And Expand Their Identities Through Hong Kong Study Experiences, Saihua Xia, Winnie Cheng

Journal of Comparative & International Higher Education

No abstract provided.

Developing The Content Of An Online Support System For International Students Using A Participatory Designer Approach, Ozan Coşkunserçe, Suzanne Ehrlich

Journal of Comparative & International Higher Education

No abstract provided.

Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan

Missouri Law Review

Like any other hardy administrative law article, this Note starts with Chevron. In 1984, the Supreme Court decided the landmark case, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. There, the Court said it will defer to an agency’s interpretation of a statute if that interpretation is reasonable. However, because some on the Court saw Chevron deference as “wrest[ing] from [c]ourts the ultimate interpretive authority to ‘say what the law is’ and hand[ing] it over to the Executive,” exceptions to Chevron deference have appeared like worms after a storm.

Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson

Missouri Law Review

Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing …

Table Of Contents

Missouri Law Review

No abstract provided.

Book Review: For Labor To Build Upon: Wars, Depression And Pandemic, William B. Gould Iv, Cambridge University Press, 2022, Joe Lindsay

Missouri Law Review

Despite truly noteworthy workplace organizing and strikes across the country—from Amazon, Starbucks, Peet’s Coffee, and now Trader Joe’s to the nascent movements in the heart of the tech sector—union membership is not keeping pace with the growing workforce. Recent data from the Bureau of Labor Statistics shows that the “share of US workers belonging to labor unions hit a historic low last year.” What’s up? This is the question William Gould addresses in his latest book, For Labor to Build Upon: Wars, Depression and Pandemic. Gould traces how the U.S. labor movement got to where it is today and proposes …

“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer

Missouri Law Review

For many, the day of a real estate closing is filled with excitement and relief. The process of finding a family home or a building to begin a business is often arduous. On average, the search for a home lasts at least six months. There are long days of showings, stressful negotiations with loan officers, and difficult decisions when purchasing a piece of property. Most buyers and sellers look forward to the day when the paperwork is signed and title, along with all the rights and privileges it affords, passes to the new owners. After closing, the new owners typically …

“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman

Missouri Law Review

The Office of Fair Housing and Equal Opportunity (“FHEO”) has a duty to investigate sex-based discrimination in housing. In accordance with recent Supreme Court precedent—which held that Title VII’s prohibition on “sex” discrimination necessarily includes discrimination on the basis of gender identity and sexual orientation—FHEO broadened its definition of sex-based discrimination in an internal memorandum published February 11, 2021. This memorandum directed officers to investigate discrimination in housing based on gender identity and sexual orientation. The change unnerved a private Christian college, College of the Ozarks, located in Missouri. Fearing that this internal memorandum threatened its ability to place students …

“Evolving Homes, Not Revolving Doors”: Examining Lesbian, Gay, And Bisexual Foster Parents’ Discursive Construction And Negotiation Of Identity Layers And Identity Gaps, Lucas Hackenburg

Department of Communication Studies: Dissertations, Theses, and Student Research

The United States foster care system serves more than half a million children each year (U.S. Department of Health and Human Services [DHH], 2023). The purpose of this study was to examine how LGB foster parents discursively construct and navigate their identities in the fostering context. The researcher undertook in-depth interviews with 18 LGB people who were currently fostering or had previously fostered at least one child from the foster care system. The researcher analyzed the interview data using Braun and Clarke’s reflexive thematic analysis (2019).

Consistent with the Communication Theory of Identity (Hecht, 1993; 2015; Hecht & Phillips, 2022), …

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Program: Senior Projects (Public)

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

Migrants Sans Papiers: The Impact Of Cantonal Program And Policy Discrepancies On Undocumented Migrant Healthcare Utilization In Switzerland, Denise Peng

Independent Study Project (ISP) Collection

While Switzerland houses what is generally considered one of the best healthcare systems globally, regional policy discrepancies leave undocumented migrants (UDM) in precarious conditions that threaten the nation’s claim to universal health coverage. Critical analyses of existing UDM-catering structures in different cantons, the Swiss Confederation member states, reveal that local discrepancies in healthcare utilization are functional gradients of cantonal support and public endorsement. Relationships with these authorities are instrumental in steering health outcomes not only with program funding and outreach but also management of studies to better understand UDM health determinants and inform future preventative measures.

UDM services and initiatives …

Women In Higher Education: A Brief Report On Stress During Covid-19, Dimple S. Johnson, Aaron D. Johnson, Kristen B. Crossney, Emily Devereaux

Public Policy & Administration Faculty Publications

Higher education institutions have evolved into a more stressful environment. Women have been experiencing higher levels of stress than their male counterparts. With higher education adopting to the onset of the pandemic, this brief report studied women’s perceived stress in relation to perceived organizational and supervisory support, and age during times of crisis. In an era of social distancing, quarantines, and lockdowns, the findings suggest that women’s perceived stress is negatively related to age, perceived organizational support, and perceived supervisory support. Society as we once knew it pre-pandemic will never be the same. Higher education is inevitably going to have …

Teaching Philosophy As A Way Of Life With Respect To Our Being, Jeremy Barris

Humanities Faculty Research

What distinguishes philosophy is its attention to reality and sense as such, or what is traditionally called being and essence. As a result, philosophy as a way of life is, most fundamentally, not directly a matter of doing one kind of thing rather than another outside the classroom but instead of how we live with respect to our being. Enacting our being in one way rather than another inflects whatever it is we do, wherever we do it, even if none of the content of what we then do involves the content of philosophy. Consequently, if we do nothing in …

What Can't Be Insured: The Policyholder's Own Bad Acts, Travis Luis Pantin

Connecticut Insurance Law Journal

From its early eighteenth-century beginnings, modern insurance law has been governed by what can be described as a "non-responsibility" requirement: the insured cannot recover for losses that it caused through its own misbehavior. Although this principle might seem intuitive-you should not be able intentionally to burn down your own home and then get paid for it-scholars continue to debate both the range of the principle's application and its underlying rationale. Current theories of the requirement tend to argue that instrumental goals, such as the minimization of moral hazard or the maximization of victim compensation, ought to determine whether an insured …

Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn

Law Faculty Publications

On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.

Rethinking Length And Form In Fiction: Workshopping Short Stories, Novels, Novellas, Flash, And Hybrid, Kevin Clouther

Writer’s Workshop Faculty Publications

This essay challenges dominant workshop practices and details efforts to diversify workshops with particular attention to what is workshopped and how workshops can become inclusive of not only short stories but also various lengths and forms of fiction: novels, novellas, flash, and hybrid. This essay addresses face-to-face as well as online workshops.

The Women’S Committee Of The Council Of National Defense In Maryland, 1917-1918, Savannah Scott

Honors Projects

During World War I, the United States created the Women’s Committee of the Council of National Defense to organize and coordinate women’s war work. The Women’s Committee had a federalist structure of national, state, and local committees to organize the different levels of women’s societies in the country. This paper uses the Maryland Section of the Women’s Committee as a case study to argue how how the centralized organization of the Women’s Committee and its flexibility with the local committees led to more productive efforts at mobilizing women. It will expand on the formation and organization of the Maryland Women’s …

Post-Pandemic Finra Arbitration: To Zoom Or Not To Zoom?, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article contributes to the literature exploring the impact of the pandemic on arbitration and explores whether parties arbitrating their disputes during the pandemic have had access to justice equivalent to the justice that was available pre-pandemic. Though it is difficult to draw any conclusions about FINRA arbitration due to the confidential and non-reasoned nature of awards, the Article focuses on arbitration of securities industry disputes at one forum, FINRA DRS. In particular, the Article analyzes data about FINRA customer arbitrations over the course of the pandemic, from onset in March 2020 through mid-2022, when most municipalities had lifted COVID-19 …

Friends With Benefits: Expanding Virginia's Domestic Violence And Mutual Protection Order Statutes To Include Reciprocal Beneficiaries, Faith A. Parker

William & Mary Journal of Race, Gender, and Social Justice

On June 26, 2015, the Obergefell decision recognized same-sex marriage. While same-sex couples celebrated their new rights to marriage equality, they still face legal battles in the realm of domestic violence. Both married and unmarried same-sex couples face discrimination when reporting incidents of domestic violence. While most domestic violence statutes are gender-neutral on their face, their implementations disparately impact same-sex couples. Furthermore, domestic violence statutes that include same-sex couples punish same-sex couples more harshly than opposite-sex couples. This Note will examine the domestic violence law in Virginia, arguing that the laws are too vague to properly protect same-sex couples and …

Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano

William & Mary Journal of Race, Gender, and Social Justice

This Note will discuss the Supreme Court’s holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students and Autistic students who are subject to the harshest treatment.

This Note will outline the different avenues that courts could and should take to overrule Ingraham. Because a circuit split exists—on the issue of how to resolve these claims—overturning Ingraham and declaring corporal punishment per …

Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec

William & Mary Journal of Race, Gender, and Social Justice

In the United States, almost 60,000 juveniles are incarcerated in juvenile jails and prisons every day, and, as of March 2021, at least seventy percent of juveniles in the juvenile justice system have a mental health condition. For many young adults, prison and detention centers have “become the avenue of last resort” for treatment of those mental health conditions. However, juvenile detention facilities lack the support and resources to provide adequate care, which has led to high recidivism in the juvenile population. Juveniles, and individuals on their behalf, can challenge inadequate access to mental health resources by bringing claims under …

Table Of Contents (V. 29, No. 3)

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson

William & Mary Journal of Race, Gender, and Social Justice

Pre-Dobbs legislative efforts and states’ reactions in the immediate aftermath of Dobbs indicate the post-Dobbs reality that deeply conservative states will seek to criminalize abortion and impose extremely harsh sentences for such crimes, up to and including death. This Article addresses that reality. Initially, this Article illustrates that abortion and capital punishment are like opposite sides of the same coin, and it is a handful of states leading the counter majoritarian efforts on both topics. After outlining the position of each state in the nation that retains capital punishment on capital sentencing and abortion, the Article identifies the …

On Civilizational Strategic Studies, Stephen T. Satkiewicz

Comparative Civilizations Review

Given the on-going crises around the world, especially the current war in Ukraine, it has become imperative to analyze the strategic interests of the major geopolitical players in the world. Samuel P. Huntington formulated his controversial “Clash of Civilizations” thesis almost thirty years ago, but this topic has received a resurgence of interest due to Christopher Coker’s research on “civilizational states.” Coker takes this concept a bit further by arguing that different geopolitical actors disagree on how the world should be ordered.

Now is perhaps the most opportune time to examine the relevance of civilizations as well as civilizational theory …

The Feminist-Neutrality Paradox, Alissa Rubin Gomez

Dickinson Law Review (2017-Present)

This Symposium asks us to contemplate women’s role in the judiciary. Female judges are vital to a well-functioning third branch of government given the long-documented link between diversity and judicial legitimacy. Beyond appearances, however, the Article explores the reasons why so many empirical studies have shown that judges do not decide cases differently on account of their gender. This Article describes how women must act like men to gain acceptance into the male-dominated judicial sphere and then are expected to apply precedent that has been overwhelmingly decided by men. In other words, the decisions of female (and feminist) judges are …

Is The Contempt Power Obsolete?, Nino C. Monea

Dickinson Law Review (2017-Present)

Contempt power has been with us for as long as we’ve had courts in this country. Through summary contempt proceedings, judges may imprison any person they deem insufficiently respectful to the authority of the court—with significantly less due process than a person would be entitled to under any other criminal offense. In theory, this is necessary to maintain order in the court. But in practice, summary contempt power is serially and seriously abused. Judges use incarceration to deal with piddling offenses or for no real reason at all. This Article argues that the concept of allowing judges nearly unbridled discretion …

Hearing The Voice Of The Woman Judge: Diversity, Equality, And Participation, Rachel Cahill-O'Callaghan, Pauline Roberts

Dickinson Law Review (2017-Present)

The UK has not achieved the judicial diversity of other common law jurisdictions. Whilst there is some success in the lower courts, few women judges have ever sat on the UK Supreme Court bench. It has long been argued that diversity enhances decision making, and the presence of women judges enhances the decision-making process. But this can only occur if women are appointed to the bench and supported to participate fully. Drawing on the theoretical framework developed by Sandra Fredman and the UK equality legislation, this Article explores how the structures and processes of the Supreme Court limit substantive equality …

Untethering Umvs From Vessels: Why The United States Should Construct A New Environmental Legal Scheme For Unmanned Maritime Vehicles, Lindsay I. Mccarl

Dickinson Law Review (2017-Present)

International and domestic laws and regulations, and in particular those addressing environmental protections related to the world’s oceans, have no clear application to unmanned maritime vehicles (UMVs). Instead, legal scholars have attempted to fit UMVs into current legal schemes in a piecemeal manner that UMVs practically and realistically cannot comply with. UMVs are inherently different than their manned counterparts and therefore require a unique legal framework separate and apart from manned vessels. Without its own legal scheme, the United States Navy and other organizations will not be able to realize the full potential of UMVs—not only for their military operational …