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Full-Text Articles in Law

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei Jan 2023

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …


Jurisprudence And Animal Protection, Carlos Montemayor Jan 2023

Jurisprudence And Animal Protection, Carlos Montemayor

Animal Sentience

Jurisprudence is based on normative principles that go beyond instrumental reasoning and practical goals concerning what is convenient. It concerns justice and truth. The empirical evidence justifies the legal protection of various species on legal grounds. Given the risks we face regarding climate degradation, international legal agencies must expand the framework of human rights and environmental law in order to effectively protect animals and their environments.


In The Face Of The Robot, David J. Gunkel Oct 2022

In The Face Of The Robot, David J. Gunkel

communication +1

“Robot” designates something that does not quite fit the standard way of organizing beings into the mutually exclusive categories of “person” or “thing.” The figure of the robot interrupts this fundamental organizing schema, resisting efforts at both reification and personification. Consequently, what is seen reflected in the face or faceplate of the robot is the fact that the existing moral and legal ontology—the way that we make sense of and organize our world—is already broken or at least straining against its own limitations. What is needed in response to this robot uprising is a significantly reformulated moral and legal ontology …


Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman Oct 2022

Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to …


Dworkin Versus Hart Revisited: The Challenge Of Non-Lexical Determination, Mitchell N. Berman Jun 2022

Dworkin Versus Hart Revisited: The Challenge Of Non-Lexical Determination, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

A fundamental task for legal philosophy is to explain what makes it the case that the law has the content that it does. Anti-positivists say that moral norms play an ineliminable role in the determination of legal content, while positivists say that they play no role, or only a contingent one. Increasingly, scholars report finding the debate stale. This article hopes to freshen it by, ironically, revisiting what might be thought its opening round: Dworkin’s challenge to Hartian positivism leveled in The Model of Rules I. It argues that the underappreciated significance of Dworkin’s distinction between rules and principles is …


On “The Grand Strategic Thought Of Colin S. Gray” And Author's Response, Phillip Dolitsky, Lukas Milevski May 2022

On “The Grand Strategic Thought Of Colin S. Gray” And Author's Response, Phillip Dolitsky, Lukas Milevski

The US Army War College Quarterly: Parameters

This commentary responds to Lukas Milevski’s article, “The Grand Strategic Thought of Colin S. Gray,” published in the Winter 2021–22 issue of Parameters (vol. 51, no. 4).


Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii May 2022

Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This special commentary examines critical issues for the field of strategic studies raised by Russia’s invasion of Ukraine, including the waning of major war, strategic coercion, and “War Amongst the People.” Drawing on previous scholarship and current events, this commentary considers the questions raised by the first major war of the twenty-first century. It provides recommendations for scholars and senior leaders on how to work together to address the questions of strategy and policy that have and continue to arise as the war progresses.


Tomorrow’S Wars And The Media, Alexander G. Lovelace May 2022

Tomorrow’S Wars And The Media, Alexander G. Lovelace

The US Army War College Quarterly: Parameters

Distilling lessons from the author’s book, The Media Offensive: How the Press and Public Opinion Shaped Allied Strategy during World War II, this article provides applicable suggestions for the US military today. As in World War II, the press is both a weapon and a possible vulnerability in modern warfare. Consequently, this article offers practical suggestions for how the press can be used by public affairs officers, commanders, and policymakers to achieve victory in coming conflicts.


Book Reviews, Usawc Press May 2022

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Contributor's Guidelines, Usawc Press May 2022

Contributor's Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Infoswarms: Drone Swarms And Information Warfare, Zachary Kallenborn May 2022

Infoswarms: Drone Swarms And Information Warfare, Zachary Kallenborn

The US Army War College Quarterly: Parameters

Drone swarms, which can be used at sea, on land, in the air, and even in space, are fundamentally information-dependent weapons. No study to date has examined drone swarms in the context of information warfare writ large. This article explores the dependence of these swarms on information and the resultant connections with areas of information warfare—electronic, cyber, space, and psychological—drawing on open-source research and qualitative reasoning. Overall, the article offers insights into how this important emerging technology fits into the broader defense ecosystem and outlines practical approaches to strengthening related information warfare capabilities.


Character Traits Strategic Leaders Need, Tami Davis Biddle May 2022

Character Traits Strategic Leaders Need, Tami Davis Biddle

The US Army War College Quarterly: Parameters

Strategic leaders must possess a range of skills to work successfully in complex environments. To use those skills to best effect, they rely on character traits that enhance the likelihood of their effectiveness as leaders and maximize their success when working in teams. Certain elements of character facilitate work in demanding settings that rely heavily on communication, integration, and cooperation. Programs designed to educate senior leaders must help future national security professionals identify these traits and then practice and hone them. Highlighting individuals with challenging roles in World War II, this essay analyzes the qualities of character that enabled them …


Economic Statecraft And Us-Russian Policy, Ryan J. Orsini May 2022

Economic Statecraft And Us-Russian Policy, Ryan J. Orsini

The US Army War College Quarterly: Parameters

This article assesses the American-Russian economic relationship, identifying how Russia exploits strategic asymmetries to gain advantage in the space below armed conflict and how the United States can modernize its economic statecraft. It draws upon a wide range of comparative research, from US-Russian military thought to the American-Eurasian economic interrelationship, to evaluate the full range of economic statecraft within a single dyad of countries in the context of coercion theory. This analysis will assist American policymakers in reforming priorities and processes according to principles of economic statecraft to sustain ongoing American coercion and set conditions for advantage upon the return …


Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik May 2022

Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik

The US Army War College Quarterly: Parameters

This article argues shortfalls in the international institutions governing the Arctic have allowed Russia and China to expand control over the region. It provides an overview of regional governance and power dynamics, outlines a three-part approach to correcting deficiencies, highlights attempts by Russia and China to circumvent international governance, examines how the Arctic’s governing institutions address Russian and Chinese growth in the region, and focuses on the institutional failures that have allowed Russia and China to expand—failures academic scholarship and US policy have not adequately addressed. Practitioners will find specific steps for rectifying issues with Arctic institutions to support the …


Srad Director's Corner: Russia’S Strategy And Its War On Ukraine, George Shatzer May 2022

Srad Director's Corner: Russia’S Strategy And Its War On Ukraine, George Shatzer

The US Army War College Quarterly: Parameters

In this contribution, Colonel George Shatzer, director of the Strategy Research and Analysis Department of the Strategic Studies Institute at the US Army War College, discusses books of relevance to US Joint planners and strategists, as well as those of allies and strategic partners. He applies his experience and education as a US Army senior strategist to extract insights useful to anyone contemplating how to confront the challenges of today’s strategic environment.


Defining And Deterring Faits Accomplis, Brandon Colas May 2022

Defining And Deterring Faits Accomplis, Brandon Colas

The US Army War College Quarterly: Parameters

This article describes faits accomplis—how states attempt to seize disputed territory using military force, hoping to avoid war in the process—and offers suggestions for how to deter them. Since 1945, faits accomplis have become the most common means by which states attempt to take over territory, even though they frequently result in armed conflict. US deterrent efforts, however, often focus on stopping invasions, not limited land grabs. This study combines the traditional literature on deterrence with Dan Altman’s recent research on faits accomplis to suggest Department of Defense leaders should frame territorial disputes as a real estate market they can …


Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry May 2022

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …


The Dream Of The Common Good: Not A Nightmare, Jackson Gregory Dellinger May 2022

The Dream Of The Common Good: Not A Nightmare, Jackson Gregory Dellinger

Honors Theses

This paper examines an emerging position in the philosophy of law, common-good constitutionalism. In the first two parts of the paper, I explain the position and constitutionalism more generally, examining how common-good constitutionalism fits within the definition of constitutionalism providing by a neutral scholar. In the next five parts, I attempt to show that common-good constitutionalism’s preference for explicit adherence to the common good does not violate constitutionalism. In doing so, I provide an examination of common-good constitutionalism’s relationship with three important constitutional principles and the separability of common-good constitutionalism as a whole and the infamous views of its most …


Free Speech And Its Limits: An Exploration Of Tolerance In The Digital Age, Jamie Forte May 2022

Free Speech And Its Limits: An Exploration Of Tolerance In The Digital Age, Jamie Forte

Undergraduate Honors Theses

Humans have made remarkable strides in protecting and preserving free speech despite an overwhelming historical legacy of censorship and suppression of dissent. Given that history makes clear how easy it is to slide into authoritarianism and sacrifice our rights in the name of security, and given that we find ourselves frequently facing the temptation to do so, this is not an unreasonable position. If the United States is one of the few bastions of free speech in an otherwise unfree world, then we must defend this freedom vehemently, or so the argument goes. While this position is not an unreasonable …


Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves May 2022

Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves

All Dissertations

Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …


Against The Death Penalty, Charles Jessup Apr 2022

Against The Death Penalty, Charles Jessup

Student Research Submissions

My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …


On The Elimination Of Cash Bail, Lucas Baudry Apr 2022

On The Elimination Of Cash Bail, Lucas Baudry

Honors Capstone Projects and Theses

No abstract provided.


A Failure To Innovate: The Second Nagorno-Karabakh War, Zhirayr Amirkhanyan Mar 2022

A Failure To Innovate: The Second Nagorno-Karabakh War, Zhirayr Amirkhanyan

The US Army War College Quarterly: Parameters

The root cause for the defeat of the Armenian forces in the second Nagorno-Karabakh War was flawed military doctrine inherited from the Soviet Union. This article analyzes the major problems faced by Armenia, uncovers the main reasons for unsuccessful innovation, tests empirical findings against some of the most authoritative theories of the field, and outlines current research on the largest state-onstate warfighting of recent years, while substantiating the analysis with established scholarship in the field of military innovation.


Information Warfare: Lessons In Inoculation To Disinformation, Meghan Fitzpatrick, Ritu Gill, Jennifer F. Giles Mar 2022

Information Warfare: Lessons In Inoculation To Disinformation, Meghan Fitzpatrick, Ritu Gill, Jennifer F. Giles

The US Army War College Quarterly: Parameters

While propaganda and disinformation have been used to destabilize opposing forces throughout history, the US military remains unprepared for the way these methods have been adapted to the Internet era. This article explores the modern history of disinformation campaigns and the current state of US military readiness in the face of campaigns from near-peer competitors and proposes education as the best way to prepare US servicemembers to defend against such campaigns.


On "The Battalion Commander Effect" And Authors' Response, Ralph Masi Mar 2022

On "The Battalion Commander Effect" And Authors' Response, Ralph Masi

The US Army War College Quarterly: Parameters

This commentary responds to Everett Spain, Gautam Mukunda, and Archie Bates’s article, “The Battalion Commander Effect,” published in the Autumn 2021 issue of Parameters (vol. 51, no. 3).


Interrupting Bias In Army Talent Management, Danielle Holt, Susan Davis Mar 2022

Interrupting Bias In Army Talent Management, Danielle Holt, Susan Davis

The US Army War College Quarterly: Parameters

To meet future threats, US Army talent management modernization must include the development of a more innovative and inclusive culture. Unconscious bias within assignment and evaluation processes is a potential threat and an opportunity for enhanced meritocracy. Assessments should move toward the identification of desired knowledge, skills, and behaviors and the evaluation of potential using relational analytics, and talent management must foster the selection of leaders who demonstrate competencies of confident humility and mental agility to generate organizational psychological safety. Only by leveraging the complete scope of diversity through an inclusive culture will the Army prevail in the cognitive dimension.


China’S Global Monopoly On Rare-Earth Elements, Gustavo Ferreira, Jamie Critelli Mar 2022

China’S Global Monopoly On Rare-Earth Elements, Gustavo Ferreira, Jamie Critelli

The US Army War College Quarterly: Parameters

This article delivers a novel economic analysis of US dependence on China for rare-earth elements and sheds light on how Western nations may exploit the limitations of limit pricing to break China’s global monopoly in rare-earth element production and refinement. This analytical framework, supported by a comprehensive literature review, the application of microeconomic and industrial organization concepts, and two case-study scenarios, provides several policy recommendations to address the most important foreign policy challenge the United States has faced since the end of the Cold War.


Developing Strategic Lieutenants In The Canadian Army, James R. Mckay, H. Christian Breede, Ali Dizboni, Pierre Jolicoeur Mar 2022

Developing Strategic Lieutenants In The Canadian Army, James R. Mckay, H. Christian Breede, Ali Dizboni, Pierre Jolicoeur

The US Army War College Quarterly: Parameters

This Canadian contribution to Parameters’ Strategic Lieutenant series shows how domestic context creates the conditions for professional military education reform to a greater extent than the global strategic context. The article assesses the junior officer education delivered by Canada’s military colleges and analyzes interviews with key stakeholders responsible for the formulation and implementation of reform at the military colleges.


In The Spotlight: Dealing With The Russians, Andrew Monaghan Mar 2022

In The Spotlight: Dealing With The Russians, Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.


Rethinking Female Urinary Devices For The Us Army, Andrea M. Peters, Michael A. Washington, Lolita Burrell, James Ness Mar 2022

Rethinking Female Urinary Devices For The Us Army, Andrea M. Peters, Michael A. Washington, Lolita Burrell, James Ness

The US Army War College Quarterly: Parameters

As women assume more combat roles in the US military and continue to operate in austere environments with varied mission sets, the Department of Defense must rethink its approach to equipment and uniform development to accommodate female anatomical differences. This article analyzes the results of a study conducted during the Sandhurst Military Skills Competition at the United States Military Academy to determine the effectiveness of commercial off-the-shelf products the Army has adopted to aid female urination—products used by competition participants that may not be the best or healthiest options for women.