Digital Commons Network^™

Legacy Concepts: A Sociology Of Command In Central And Eastern Europe, Thomas-Durell Young

The US Army War College Quarterly: Parameters

No abstract provided.

Acknowledgments, Alexander R. Mcdaniel

University of Richmond Law Review

No abstract provided.

Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott

University of Richmond Law Review

The purpose of this article is to explore the threats posed by

cybersecurity breaches, outline the steps taken by the government

to address those threats in the private sector economy, and

call attention to the ultimate solution, which will most certainly

spur private businesses to create a more secure cyber environment

for the American people-a Connie Francis-styled cyber civil

action lawsuit.

Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes

Journal of Legal Education

No abstract provided.

India-Japan Strategic Cooperation And Implications For U.S. Strategy In The Indo-Asia-Pacific Region, Thomas F. Lynch Iii, James J. Przystup

INSS Strategic Perspectives

The emerging strategic relationship between India and Japan is significant for the future security and stability of the Indo-Asia-Pacific region. It is also a critical emergent relationship for U.S. security objectives across the Asia-Pacific. India possesses the most latent economic and military potential of any state in the wider Asia-Pacific region. Therefore, India is the state with the greatest potential outside of the United States itself to contribute to the objectives of the “Rebalance to the Pacific” announced by Washington in 2011. This “rebalance” was aimed at fostering a stable, prosperous, and rules-based region where peace, prosperity, and wide respect …

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams

University of Richmond Law Review

No abstract provided.

D.I.S.: Vol 48, No. 4, Calvin College

d.i.s. Magazine

04 — Editor’s Note
05 — Los en Vast
07 — How Transnational Are You?
09 — Methods of Pannenkoeken Cooking : a Voter’s Guide, Explained
13 — Windmill Gardens 2017
15 — Sint Eustatius, Statia, The Golden Rock, and American Independence
18 — Women’s Emancipation in the Netherlands
21 — News in Brief
23 — Upcoming Events

Creole Genesis And Universality: Case, Word Order, And Agreement, Gerald Taylor Snow

Theses and Dissertations

The genesis of creole languages is important to the field of linguistics for at least two reasons. As newly emerging languages, creoles provide a unique window on the human language faculty and on the development of language generally (Veenstra 2008). They also offer insight into what are arguably universal linguistic structures. Two opposing theories have been in contention in the literature with respect to creole genesis: (1) that creoles owe their origin to the lexifier and substrate languages of their speech community and to other environmental influences (McWhorter 1997); and alternatively, (2) that universal innate linguistic structures or principles are …

The Toxic Screen: Visions Of Petrochemical America In Hbo’S True Detective (2014), Casey Ryan Kelly

Department of Communication Studies: Faculty Publications

This article argues that the use of toxic visual and narrative tropes in contemporary dramatic television can expand our capacity to envision and critique the deadly effects of industrial pollution. The HBO series True Detective is an exemplary case study in how evocative toxic images can be integrated into familiar television narratives to animate society’s deadly relationship with toxic chemicals. The petrochemical mise-en-scène of True Detective enlivens the toxic image with inferential power, or visual enthymemes, that invite audiences to draw connections between traumas that unfold through narrative action and omnipresence of toxic iconography. Developing a concept of the toxic …

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Mission Command 2.0: From An Individualist To A Collective Model, Anthony C. King

The US Army War College Quarterly: Parameters

No abstract provided.

Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein

The US Army War College Quarterly: Parameters

No abstract provided.

The French Army At A Crossroads, Rémy Hémez

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters – Full Issue – Spring 2017, Usawc Parameters

The US Army War College Quarterly: Parameters

Mission Command: Strategic Implications – Anthony C. King, Russell W. Glenn, and Thomas-Durell Young. After 15 Years of Conflict – Charlotte F. Blatt, Stanley J. Wiechnik, Ellen "Elle" Klein, Douglas A. Sims II, and Amy B. Adler. Modernization Among US Partners – Ian Langford, and Rémy Hémez. Review Essay – Larry D. Miller. Commentaries and Replies – Conrad C. Crane, Gates Brown, and John. A. Bonin. A Dialogue on Strategy – Gregory D. Miller, Chris Rogers, Francis J. H. Park, William F. Owen, and Jeffrey W. Meiser.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Australia's Offset And The A2/Ad Strategies, Ian Langford

The US Army War College Quarterly: Parameters

No abstract provided.

Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon

Fordham Law Review

Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …

Chinese Military Reforms In The Age Of Xi Jinping: Drivers, Challenges, And Implications, Joel Wuthnow, Phillip C. Saunders

China Strategic Perspectives

China’s People’s Liberation Army (PLA) has embarked on its most wide-ranging and ambitious restructuring since 1949, including major changes to most of its key organizations.

• The general departments were disbanded, new Central Military Commission (CMC) departments created, and a new ground force headquarters established.
• Seven military regions were restructured into five theater commands aligned against regional threats. Commanders will be able to develop joint force packages from army, navy, air force, and conventional missile units within their theaters.
• PLA service headquarters are transitioning to an exclusive focus on “organize, train, and equip” missions and will no longer have a primary …

Bellesiles’S Arming America Redux: Does The Gunning Of America Rewrite American History To Suit Modern Sensibilities?, Clayton E. Cramer

Southern Illinois University Law Journal

Fifteen years ago, Michael Bellesiles’s Arming America was the darling of antigun intellectuals because it created an entirely new perception of the American relationship to guns.  It implicitly argued for a much narrower reading of the Second Amendment that was compliant with an America (then) that hated guns and did not own them.  Questions were soon raised about the accuracy of the statistics in Bellesiles’s articles and book, his honesty about where he researched documents, his widespread alteration of quotes, and his citations to documents that directly refuted his claims.  He rapidly went from tenured professor of history at Emory …

Retaliatory Rico And The Puzzle Of Fraudulent Claiming, Nora Freeman Engstrom

Michigan Law Review

Over the past century, the allegation that the tort liability system incentivizes legal extortion and is chock-full of fraudulent claims has dominated public discussion and prompted lawmakers to ever-more-creatively curtail individuals’ incentives and opportunities to seek redress. Unsatisfied with these conventional efforts, in recent years, at least a dozen corporate defendants have “discovered” a new fraud-fighting tool. They’ve started filing retaliatory RICO suits against plaintiffs and their lawyers and experts, alleging that the initiation of certain non meritorious litigation constitutes racketeering activity— while tort reform advocates have applauded these efforts and exhorted more “courageous” companies to follow suit. Curiously, though, …

The Paradox Of Power: Principal-Agent Problems And Fiscal Capacity In Absolutist Regimes, Debin Ma, Jared Rubin

ESI Working Papers

Tax extraction in Qing China was low relative to Western Europe. It is not obvious why: China was much more absolutist and had stronger rights over property and people. Why did the Chinese not convert their absolute power into revenue? We propose a model, supported by historical evidence, which suggests that i) the center could not ask its tax collecting agents to levy high taxes because it would incentivize agents to overtax the peasantry; ii) the center could not pay agents high wages in return for high taxes because the center had no mechanism to commit to refrain from confiscating …

Women's Work: Sumbanese Textiles From The May Weber Collection, Catherine Nichols, Grace Iverson, Jill Forshee

Anthropology: Faculty Publications and Other Works

This catalogue was produced to accompany Women’s Work, an exhibition of textiles from the May Weber Ethnographic collection held from March 16 — June 2017 in the Damen Student Center. The exhibition was curated by Anthropology student Grace Iverson (B.A. Loyola University Chicago 2017).

Cmsi Archive Translation: Accelerate The Formulation Of A National Maritime Strategy And Maritime Basic Law, Wang Hanlin

CMSI Translations

This article emphasizes the urgency of formulating a National Maritime Strategy and a Maritime Basic Law following the 18th Party Congress decision to transform China into a maritime power. The Maritime Basic Law is needed to legalize the strategy, define departmental responsibilities, and translate international obligations, such as UNCLOS rights, into domestic law for effective implementation. The law would also specify China’s principled positions on resolving maritime disputes and is viewed as a measure to increase policy transparency and deter foreign harassment, following the example of the 1958 Territorial Sea Statement.

Cmsi Archive Translation: Grasp The New Features Of Escort Missions And Strengthen The Effectiveness Of Political Work, Wang Zhanwu

CMSI Translations

This article focuses on strengthening political work during naval escort missions, emphasizing the need for Party leadership and strict discipline in the far seas. Task forces must be focused on war preparation, integrating political plans with contingency plans for handling provocations and harassment. Strict control over internet use is mandated, especially when berthed in Djibouti or transiting straits, to prevent leaks and the posting of inappropriate remarks. Far-seas task forces are directed to conduct exploratory practices in the organization and execution of public opinion warfare, psychological warfare, and legal struggle.

Cmsi Archive Translation: Summary Of The Workshop On “The Current Legal Struggle For Rights And Interests In The South China Sea, Sun Jianzhong

CMSI Translations

This summary reports on a workshop concerning the legal struggle over South China Sea rights, covering China's land reclamation (deemed legitimate but not altering legal status) and the arbitration case. Experts discussed the relationship between the nine dashed line and historic rights, noting that UNCLOS has not fully assimilated (expelled) the historic rights concept. A significant viewpoint stressed that the nine dashed line is a state asset inherited by the PRC government from the Republic of China. The article also notes the potential for the arbitration case to encourage lawsuits against China over ecological harm caused by island and reef …

Cmsi Archive Translation: New Thinking On Joint Development And Freedom Of Navigation In The South China Sea: Paths For Resolving The South China Sea Dispute Based On International Law, Luo Guoqiang

CMSI Translations

This paper evaluates China's long-standing policy of "putting disputes aside, engaging in joint development" in the South China Sea, noting its slow progress internationally and proposing that resolution should primarily rely on boundary agreements or legal adjudication. The article addresses concerns that China’s claim of "historical rights" threatens freedom of navigation. It argues that China only demands sovereignty over the islands and jurisdiction over resources within the dashed line, not territorial sovereignty over the entire area. The author contends that China's claims are less restrictive than the actions of other countries that exploit UNCLOS to carve up maritime space.

Cmsi Archive Translation: Research On Legal Issues Related To Security And Defense Of China’S Overseas Military Bases, Zou Ligang, Wang Zhangping

CMSI Translations

This research addresses the legal issues concerning the security and defense of China’s overseas military support bases, such as the one in Djibouti, which are crucial for achieving "far seas protection". It explores the legal basis for exercising jurisdiction, noting that the host state cedes sovereignty via international agreements. The paper specifically examines foreign reconnaissance near the base by military frogmen or surveillance aircraft, concluding that such acts match the constituent elements of espionage behavior under PRC laws like the Criminal Law and Anti-Espionage Law. Improving international agreements to clearly define jurisdiction over criminal acts against the base is recommended.

Cmsi Archive Translation: Legal Problems Regarding The Use Of Force In Military Actions At Sea, Lin Tianjie

CMSI Translations

This article analyzes the use of force, differentiating between military force (prohibited in principle, allowed in exceptions like self-defense) and law enforcement force (allowed in principle, but strictly regulated). It asserts that actions of a military character, even if disguised as law enforcement (such as in the Diaoyu Islands dispute or against foreign military vessels), should be categorized as military activities to ensure strict regulation of the use of force. Procedures must follow graduated steps: query, warning, warning shots, and actual use of force. Limitations on force must adhere to the principles of necessity, proportionality, and distinction.

Cmsi Archive Translation: Hainan Passes Regulation Allowing Detention Of Foreign Ships That Illegally Land On Islands Within Its Jurisdiction, Wu Shengjing

CMSI Translations

This report details the implementation of the Hainan Province Coastal Security Regulation, which grants coastal security authorities in Sansha City powers similar to local police departments for inspection and administration. The regulation mandates strengthening patrols in Sansha City waters to enforce the law and defend national sovereignty. It identifies specific prohibited behaviors for foreign vessels within Hainan’s jurisdiction, such as illegally stopping or anchoring while transiting territorial waters, and grants authorities the power to inspect and administer vessels and crews.

Cmsi Archive Translation: A Maritime Legal Contest, Han Yong

CMSI Translations

Focused on the Diaoyu Islands dispute, this article details China’s legal counterattack following a directive to "arm itself with the law". China implemented a "rights protection chain" involving timely legislation (Statement on Territorial Sea Baselines), law enforcement (CMS patrols), and pursuing international validity (filing coordinates with the UN). China's territorial claims are supported by the 1992 PRC Law of the Territorial Sea and Contiguous Zone, which explicitly includes the Diaoyu Islands. The article notes that while China has historical jurisdiction, the increasing international legal trend suggests that the validity of actual control is greater than historical evidence.