Digital Commons Network^™

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 …

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 …

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 …

Contre-/Counter-, Bernard E. Harcourt

Faculty Scholarship

Examines the “counter-” move in Balibar’s thought, analysing it not in the Kantian or Hegelian sense of a synthesis that resolves an antinomic opposition (not the least of which, because the particle “contre-” functions differently than the particle “anti-”), but rather as an original counterpoint that itself becomes so powerful as to liberate itself from the oppositional relationship and transform itself into a free-standing concept, intervention, or even mode of governmentality. It is not an opposition that leads to a synthesis, but instead to a stage of “perfection” that (1) merely indexes its former counter-partner, and (2) becomes a fully …

How Quality Management Has Been Impacted In The Face Of Covid-19, Eldina Siljkovic

Dissertations and Theses @ UNI

The Coronavirus pandemic has impacted many facets of the United States. This study focuses on its magnitude in comparison to prior pandemics such as Anthrax, SARS, and Ebola. In addition to this comparison its impact on Quality Management within the agricultural sector and food supply chain was also assessed. The results of these studies showcase that COVID-19 has grown exponentially in comparison to prior pandemics and will continue to do so as we enter the winter season. Agricultural equipment manufacturing companies saw a drastic decline in quarterly revenues within 2020 in comparison to 2019. Millions in net sales were lost …

Start Of Epidemy In A City: Short-Term Forecast Of Covid-19 With Gmdh-Based Algorithms And Official Medical Statistics, Anna Boldyreva, Mikhail Alexandrov, Olexiy Koshulko, Svetland Popova

Conference papers

The sudden onset and quick development of an unknown epidemic may lead to tragic consequences: panic of population due to victims and unpreparedness of authorities for effectively help to population. These circumstances define extremely high requirements to the tools for short-term operational forecast. Namely, such tools should provide reliable results when model of phenomenon is unknown (factors of disease spreading) and data are limited (time series of observations). GMDH-based algorithms just meet these requirements unlike modern differential or advanced statistical models. In this study we test different algorithms from GMDH Shell platform on the example of Covid-19 epidemic in Moscow …

Defending Against Adversarial Attacks In Transmission- And Distribution-Level Pmu Data, Jun Jiang, Xan Liu, Eduardo Cotilla-Sanchez, Robert B. Bass, Xinghui Zhao

Electrical and Computer Engineering Faculty Publications and Presentations

Phasor measurement units (PMUs) provide highfidelity data that improve situation awareness of electric power grid operations. PMU datastreams inform wide-area state estimation, monitor area control error, and facilitate event detection in real time. As PMU data become more available and increasingly reliable, these devices are found in new roles within control systems, such as remedial action schemes and early warning detection systems. As with other cyber physical systems, maintaining data integrity and security pose a significant challenge for power system operators. In this paper, we present a comprehensive analysis of multiple machine learning techniques to detect malicious data injection within …

A Wide Angle Multiple Beam Lens For Convex Conformal Arrays, Rasi̇me Uyguroglu, Abdullah Y. Oztoprak

Turkish Journal of Electrical Engineering and Computer Sciences

Multifocal lenses have been widely used as multiple beam forming networks for linear and planar arrays, but are not suitable for large convex conformal arrays as they are not physically realizable for wide angle beams. In this study, a new lens design especially suitable for convex conformal arrays is introduced. The new lens has no perfect focal points, but there are a certain number of correct phases in each of the beam directions. The directional patterns of the radiating elements are also taken into account to improve radiation patterns for desired directions. It has been shown that the new lens …

Measurement Based Threat Aware Drone Base Station Deployment, Alper Akarsu, Tolga Gi̇ri̇ci̇

Turkish Journal of Electrical Engineering and Computer Sciences

Unmanned aerial vehicles are gaining importance with many civilian and military applications. Especially the surveillance, search/rescue, and military operations may have to be carried out in extremely constrained environments. In such scenarios, drone base stations (DBSs) have to provide communication services to the people at the ground. The ground users may have no access to the global positioning system (GPS); therefore, their locations have to be estimated using alternative techniques. Besides there may be threats in the environment, such as shooters. In this work, we address the problem of optimal DBS deployment under the aforementioned constraints. We propose a novel …

Analysis Of Condition Number And Position Estimation Error For Multiangulationposition Estimation System, Sa'id Musa Yarima, Ahmad Zuri Sha'ameri, Abdulmalik Shehu Yaro

Turkish Journal of Electrical Engineering and Computer Sciences

A passive wireless positioning system could be used to detect the location of low-level airborne targets such as drones or unmanned aircraft systems from the electromagnetic emission detected at spatially deployed ground receiving stations (GRSs). The multiangulation system proposed in this paper makes use of the angle of arrival (AOA) of the transmitted signal from the target to estimate its position through a 2-stage process. The AOA is the positiondependent signal parameter (PDSP) obtained from the target emission in the first stage, and using the PDSP and GRSs, the target location is estimated in the second stage by the angulation …

Nations And Markets, Harlan G. Cohen

Scholarly Works

Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers like the purchase of Grindr or the creation of TikTok. The provision of 5G has become a diplomatic battleground – Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The U.S. invoked the GATT national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the UAE to excuse theirs of Qatar. And with the spread of COVID-19, states …

Glimpses Of Women At The Tokyo Tribunal, Diane Marie Amann

Scholarly Works

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the …

Death In The Land Of Flowers: Environment As Enemy In The Second Seminole War, Nicholas Brown

Electronic Theses and Dissertations, 2020-2023

This thesis argues that Florida's natural environment was one of the United States Army's most formidable enemies during the Second Seminole War (1835–42), and that environmental factors, more than hostilities from Native peoples themselves, led the United States to abandon the War. Many White soldiers from the North were unprepared to cope with the environmental challenges posed by Florida. In order to build a foundation for this argument, the thesis examines how previous newcomers to Florida dealt with the environment, from the original First Peoples who arrived several thousand years ago, to European explorer/colonizers, to White Americans in the decades …

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 …

Alston And Heyns On Unlawful Killings: A Compendium Of The Jurisprudence Of The United Nations Special Rapporteurs On Extrajudicial, Summary Or Arbitrary Executions From 2004-2016, Philip G. Alston, Christof Heyns, Sarah Knuckey, Thomas Probert

Faculty Books

This book provides a detailed overview of the law and policy related to unlawful killings and the right to life. It is organized into the key thematic issues and types of killings that arose during the mandate of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions between 2004-2016. Each chapter contains an introductory overview and selected extracts from UN Special Rapporteur reports to the United Nations General Assembly and the Human Rights Council and other normative work, and covers the applicable international law, policy considerations, and common fact scenarios.

Philip Alston held the mandate of United Nations Special …

Institutional Choice And Targeted Killing: A Comparative Perspective, Elad D. Gil

Faculty Scholarship

For over a decade, the use of targeted killing has been one of the most controversial issues in counterterrorism policy and law. One longstanding debate over this tactic concerns the allocation of decision-making and oversight authority among the branches of government. As attempts to settle this debate through textual and historical sources yield indeterminant answers, scholars tend to examine them through a functionalist prism, asking what institutional structures best serve the interests of national security while ensuring adequate accountability and preventing unnecessary force.

This article, retaining that functionalist framing of that issue, will approach the question through a comparative law …

Influence Of Salinity On Copper-Ligand Formation Constants, Fatimah Barnawi

Theses and Dissertations (Comprehensive)

Natural Organic Matter (NOM) is known to reduce metal, such as copper, toxicity in aquatic environments. Copper is essential for organisms, but elevated concentrations of dissolved copper can potentially be toxic. The toxicity of copper is related to its bioavailability, which is influenced by toxicity modifying factors, such as NOM (quantified as Dissolved Organic Carbon (DOC) in mg C/L), alkalinity, pH and major cation and anion concentrations. The principles are the same for fresh and saltwater, but the influence of high salt concentrations, such as in estuaries, and associated activity corrections, can modify NOM complexation of metals (i.e., modify logK …

Universal Norm Psychology Leads To Societal Diversity In Prosocial Behaviour And Development, Bailey R. House, Patricia Kanngiesser, H. Clark Barrett, Tanya Broesch, Senay Cebioglu, Alyssa N. Crittenden, Alejandro Erut, Sheina Lew-Levy, Carla Sebastian-Enesco, Andrew Marcus Smith, Süheyla Yilmaz, Joan B. Silk

School of Psychology

Recent studies have proposed that social norms play a key role in motivating human cooperation and in explaining the unique scale and cultural diversity of our prosociality. However, there have been few studies that directly link social norms to the form, development and variation in prosocial behaviour across societies. In a cross-cultural study of eight diverse societies, we provide evidence that (1) the prosocial behaviour of adults is predicted by what other members of their society judge to be the correct social norm, (2) the responsiveness of children to novel social norms develops similarly across societies and (3) societally variable …

Building Cyber Defense Training Capacity, Erik Moore

School of Engineering, Computing and Mathematics Theses

As society advances in terms of information technology, the dependency on cyber secure systems increases. Likewise, the need to enhance both the quality and relevance of education, training, and professional development for cybersecurity defenders increases proportionately. Without a continued supply of capable cyber defenders that can come to the challenge well-prepared and continuously advance their skills, the reliability and thus the value of information technology systems will be compromised to the point that new information-driven societal structures in commerce, banking, education, infrastructure, and others across the globe would be put be at risk.The body of research presented here provides a …

Global Research Productivity In Nuclear Waste Management: A Scientometric Analysis, Fayaz Ahmad Loan, Ufaira Yaseen

Library Philosophy and Practice (e-journal)

Scientometrics has emerged as one of the prominent and fast-growing fields in the Library and Information Sciences. The present study also deals with the scientometric aspect of one of the prominent fields of Nuclear Science and Technology i.e. Nuclear Waste Management. The data for the said study has been collected from the Web of Science database over the period 1989-2019. The results reveal that a total of 1824 publications have been published on Nuclear Waste Management and the highest number has been contributed by the USA (23.7%) of the total global output. Most of the Nuclear Waste Management literature …