Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

History

Journal

2020

Institution
Keyword
Publication

Articles 31 - 60 of 93

Full-Text Articles in Law

Does Importance Equal Greatness? Reflections On John Marshall And Mcculloch V. Maryland, Sanford Levinson Sep 2020

Does Importance Equal Greatness? Reflections On John Marshall And Mcculloch V. Maryland, Sanford Levinson

Arkansas Law Review

David S. Schwartz’s The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, is a truly excellent book, for which I was happy to contribute the following blurb appearing on the back jacket: "David Schwartz has written an indispensable study of thesingle most important Supreme Court case in the canon. As such, he delineates not only the meaning and importance of the case in 1819, but also the use made of it over the next two centuries as it became a central myth and symbol of the very meaning of American constitutionalism.”


Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko Sep 2020

Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko

Genocide Studies and Prevention: An International Journal

Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, …


Milk And The Motherland? Colonial Legacies Of Taste And The Law In The Anglophone Caribbean, Merisa S. Thompson Sep 2020

Milk And The Motherland? Colonial Legacies Of Taste And The Law In The Anglophone Caribbean, Merisa S. Thompson

Journal of Food Law & Policy

This paper tells a story of the relationship between colonialism and capitalism through the lens of “milk” and “the law” in the Caribbean. Despite high levels of lactose intolerance amongst its population, milk is a regular part of many Caribbean diets and features prominently in its foodscapes. This represents a distinctive colonial inheritance that is the result of centuries of ongoing colonial violence and displacement. Taking a feminist and intersectional approach, the paper draws on analysis of key pieces of colonial legislation at significant historical junctures and secondary literature to do three things. Firstly, it examines how law aided the …


"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu Sep 2020

"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu

Journal of Food Law & Policy

Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …


Milk And Law In The Anthropocene: Colonialism's Dietary Interventions, Kelly Struthers Montford Sep 2020

Milk And Law In The Anthropocene: Colonialism's Dietary Interventions, Kelly Struthers Montford

Journal of Food Law & Policy

It is widely accepted that we are living in the Anthropocene: the age in which human activity has fundamentally altered earth systems and processes. Decolonial scholars have argued that colonialism’s shaping of the earth’s ecologies and severing of Indigenous relations to animals have provided the conditions of possibility for the Anthropocene. With this, colonialism has irreversibly altered diets on a global scale. I argue that dairy in the settler contexts of Canada and the United States remains possible because of colonialism’s severing of Indigenous relations of interrelatedness with the more-than-human world. I discuss how colonialism—which has included the institution of …


Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar Sep 2020

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …


One Step Forward, Two Steps Back: The Retrogression Of Governance Reform And Anti-Corruption Measure In Indonesia 1999–2001, Vishnu Juwono Sep 2020

One Step Forward, Two Steps Back: The Retrogression Of Governance Reform And Anti-Corruption Measure In Indonesia 1999–2001, Vishnu Juwono

Jurnal Politik

There were high hopes that Gus Dur, after being appointed by the People Consultative Assembly (MPR) in 1999, would bring significant governance reform and more progressive anti-corruption measures for the first time because two top leaders (Gus Dur and Megawati) were from the opposition in the New Order era. This paper attempts to evaluate the governance reform and anti-corruption measures in 1999–2001. This paper argues that there was a valuable opportunity to push for further governance reforms and a bolder anti-corruption drive, as there was a legitimate political top leadership stemming from the free-and-fair election in 1999 embodied in the …


A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams Aug 2020

A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams

Washington and Lee Law Review Online

Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …


Parameters Autumn: 2020, Usawc Parameters Aug 2020

Parameters Autumn: 2020, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Disintegrating The Enemy: The Pla’S Info-Messaging, Jacqueline N. Deal Aug 2020

Disintegrating The Enemy: The Pla’S Info-Messaging, Jacqueline N. Deal

The US Army War College Quarterly: Parameters

The DoD can exploit weaknesses in Chinese military attempts at political warfare, or “enemy disintegration,” most recently observed in PLA media on the subject of the pandemic. Targeted information efforts will signal the United States’ refusal to be intimidated, expose untruths in Chinese government messaging to its citizens, and reassure relevant third parties of US military resolve.


Technology And Strategic Surprise: Adapting To An Era Of Open Innovation, Audrey Kurth Cronin Aug 2020

Technology And Strategic Surprise: Adapting To An Era Of Open Innovation, Audrey Kurth Cronin

The US Army War College Quarterly: Parameters

Technological revolutions affecting state power are either open or closed. The precursor to the digital age is not the twentieth century, with state-controlled programs yielding nuclear weapons, but the late nineteenth century, when tinkerers invented the radio, airplane, and high explosives—all crucial to subsequent wars. To avoid strategic surprise, the US government must take a broader view of how today’s open innovation is changing society and adapt.


From The Editor In Chief, Antulio J. Echevarria Ii Aug 2020

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


A Bizarre Pair: Counterinsurgency Lessons For Cyber Conflict, Jason Healey Aug 2020

A Bizarre Pair: Counterinsurgency Lessons For Cyber Conflict, Jason Healey

The US Army War College Quarterly: Parameters

The lessons of counterinsurgency have deeper implications for cyber conflict than previous research has identified. Two decades of experience in Iraq and Afghanistan provide insights into the cyber strategy of defending forward including treating major cybersecurity and technology companies as host-nation partners and focusing on winning the hearts and minds of global netizens.


The Us Army And The Pacific: Legacies And Challenges, David M. Finkelstein Aug 2020

The Us Army And The Pacific: Legacies And Challenges, David M. Finkelstein

The US Army War College Quarterly: Parameters

The Indo-Pacific will loom large in the future of the US Army. The region is increasingly important to myriad US national interests and is a major playing field for great-power competition. As it deepens its Pacific orientation, the Army has a rich institutional and operational legacy to draw upon, as well as encouraging recent initiatives that auger well for its ability to support the Joint Force in this critical part of the world.


Training Better Arab Armies, Michael J. Eisenstadt, Kenneth M. Pollack Aug 2020

Training Better Arab Armies, Michael J. Eisenstadt, Kenneth M. Pollack

The US Army War College Quarterly: Parameters

US security force assistance missions to Arab partner states have had limited success, due in part to a tendency to impose American doctrine, which embodies American cultural values and norms, on Arab armed forces. Accordingly, US security force assistance missions should train Arab partners to fight in a manner better suited to their own cultural preferences and operational requirements.


The Covid-19 Enemy Is Still Advancing, Ryan J. Scott, Odelle J. Means, Patricia M. Shields Aug 2020

The Covid-19 Enemy Is Still Advancing, Ryan J. Scott, Odelle J. Means, Patricia M. Shields

The US Army War College Quarterly: Parameters

The US military has a historical precedence for dealing with a pandemic while simultaneously conducting large-scale combat operations. Two twentieth-century examples assess the extent to which the military adapted operations following an influenza outbreak, and make clear military and civilian leaders must balance strategic objectives when facing threat multipliers such as COVID-19.


Two Worlds: African American Servicemembers, Wwii And Today, Douglas W. Bristol Jr. Aug 2020

Two Worlds: African American Servicemembers, Wwii And Today, Douglas W. Bristol Jr.

The US Army War College Quarterly: Parameters

The theory of social stigma provides a context for the subjective experience of African American servicemembers in World War II. Those experiences reveal the paradox the military faces when addressing racial discrimination. An examination of these experiences suggests only a collective response by African American servicemembers will solve this problem.


Toward A Racially Inclusive Military, Danelle R. Gamble Aug 2020

Toward A Racially Inclusive Military, Danelle R. Gamble

The US Army War College Quarterly: Parameters

Racialized structural inequalities and related social biases in US society and replicated in the military hinder diversity and inclusion efforts necessary to maintain a ready force. Examining the history of Blacks in the military through a social science lens helps explain this challenge and reveals the military must both promote relationships that challenge power imbalances and assess the impact of cultural imperialism on standards and evaluations.


Book Reviews, Usawc Parameters Aug 2020

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Enduring Information Vigilance: Government After Covid-19, Nina Jankowicz, Henry Collis Aug 2020

Enduring Information Vigilance: Government After Covid-19, Nina Jankowicz, Henry Collis

The US Army War College Quarterly: Parameters

The framework of Enduring Information Vigilance will help ally and partner governments deny advantages adversaries gain through their use of information operations in our new global perpetual information environment. This approach recognizes the persistent threat, unifies responses within and between governments, and resolves societal fissures toward a more global democratic information environment.


Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures, Stephanie J. Beach Aug 2020

Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures, Stephanie J. Beach

Loyola of Los Angeles Law Review

World War II ended over three-quarters of a century ago, but there still remain prisoners of war. Before and during the war, the Nazis confiscated approximately 650,000 works of art—an “art theft” orchestrated by Adolf Hitler to rid society of Jewish art and artists and to collect worthy works to build his own art capital. Seventy-five years later, looted Holocaust-era artworks are still either undiscovered or in the possession of museums across the globe without proper ownership attribution or payment to Holocaust survivors or their heirs. There are modern remedies, such as the 1998 Washington Conference on Holocaust Era Assets, …


De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn Jul 2020

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …


Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm Jul 2020

Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm

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

No abstract provided.


White Saviors, Brandon Hasbrouck Jul 2020

White Saviors, Brandon Hasbrouck

Washington and Lee Law Review Online

It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …


The Effect Of Money Supply(M2) On Real Magnitudes In The Economy Of Jordan A Rational Expectations Approach_X000d_, Hussain Talafha, Monther Share Jul 2020

The Effect Of Money Supply(M2) On Real Magnitudes In The Economy Of Jordan A Rational Expectations Approach_X000d_, Hussain Talafha, Monther Share

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study applies a neo-classical model to test the impact of anticipated and un anticipated growth in money supply (M2) on some key economic variables in the Jourdan economy for the period (1968:1-1988:4). The model consists of four equations: (i) the money supply growth equation;(ii) the growth in unemployment rate equation; (iii) the real growth in GNP equation; and (iv) the growth in price level equation (inflation rate). The study investigates the relationships and hypotheses using two stage least square method which is applied at the first difference logarithm structural equations. The first stage is applied to the money supply …


Analysis Of Construction Industry In Jordan 1980 - 1990, Mohammed A.S. Hiyassat, Hasan M. Tantawi Jul 2020

Analysis Of Construction Industry In Jordan 1980 - 1990, Mohammed A.S. Hiyassat, Hasan M. Tantawi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The purpose of this paper is to describe and analyze the performance of the construction industry in Jourdan during the past decade. For this purpose, the authors addressed the following issues: 1- The size of the industry which is expressed in terms of volume and contribution to gross domestic products (GDP). In this section, the causes and effects of fluctuations are discussed. 2- Contribution of the industry to the country’s fixed asset formations, and finally 3- The structure of construction contractor_x000D_ _x000D_


Eliminate The Harassment Of Putting Shame On Someone For Something, Mr. Subhi Al-Bassam Jul 2020

Eliminate The Harassment Of Putting Shame On Someone For Something, Mr. Subhi Al-Bassam

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Some old linguistics said that the verb Aiyara (Reproach) with the preposition Al-Ba a (of) is not a good language. But some of them said it is not a very good language, this article proves, through the investigation of classic Arabic prose and poetry, and through grammar, that the verb Aiyara (Reproach) with the preposition Alba a (of) is highly correct. And is better than to be without the preposition Alba a (of).


Acoustic Factors In Forming Arabic Structure, Dr. Mohammed Jawad Al Nouri Jul 2020

Acoustic Factors In Forming Arabic Structure, Dr. Mohammed Jawad Al Nouri

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This paper is a study of the sound factors, which control the mechanism of sound changes, affecting Arabic sounds, when they hold adjacent positions, in certain morphological structural formations. It becomes clear to us, through linguistic patterns and examples in this paper, which are more influential than other adjacent sounds, that those sounds are characterized by certain features which make them dominant in the process of structural formation, most important among them are features of sibilant, velarization, voicedness, plosion, nasalization, being rolled, length of place of articulation, and the vowel characteristics called, in Arabic, (madd and liin). Moreover, it becomes …


The Perceptions Of Al-Yarmouk University Students To Practice Global Announcement Materials Which Are Concerned Human Rights In Jordanian Society., Amin Mohanna, Muhammad Al-Khawaldeh Jul 2020

The Perceptions Of Al-Yarmouk University Students To Practice Global Announcement Materials Which Are Concerned Human Rights In Jordanian Society., Amin Mohanna, Muhammad Al-Khawaldeh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study tries to reveal the university students viewpoint in practicing the article of the international declaration of human rights in Jordanian society > this was done through a random sample consisting of 192 students of facilities of arts and education in Yarmouk University > to measure this viewpoint the researchers designed an instrument for this purpose which included all the articles of the international declaration of human rights and monitored the responses of the members of this samples to these articles according to an evaluative scale consisting of four levels (4) being the highest and (1) the lowest . Eight independent …


Rain In The Modern Arabic Poem, Dr. Hussein Yousef Kharyush Jul 2020

Rain In The Modern Arabic Poem, Dr. Hussein Yousef Kharyush

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This research discusses the domains and the implicature of rain in the modern Arab poetry. Since the rain is connected to the origins of life, and is a symbol of renewal, the use of rain in the Arab poetry, in this way is considered among daring usages because it recaptures the historical symbols. And it’s used to express something about the Arab situations in this age. Finally, the new meaning dedicates new implicature of rain that is connected to the truth and reality when the poet loses this reality and seeks salvation.