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Full-Text Articles in Law

The Permanent Liminality Of Pakistan's Northern Areas- The Case Of Gilgit-Baltistan, Hamna Tariq Apr 2020

The Permanent Liminality Of Pakistan's Northern Areas- The Case Of Gilgit-Baltistan, Hamna Tariq

Senior Theses and Projects

Since Pakistan’s inception, Gilgit-Baltistan, a sprawling region in Northern Pakistan, has not been granted provincial status due to its colonial association with the disputed region of Kashmir. Gilgit-Baltistan refutes its forceful integration with Kashmir, an unfortunate remnant of British divide-and-rule strategy, and demands provincial recognition and constitutional rights. Pakistan unfairly claims that it awaits the UN-sanctioned plebiscite in Kashmir to determine the region’s status. However, the likelihood of a plebiscite is little to none, since the Indian government officially annexed Indian-held Kashmir in August 2019, breaching the UN resolution on the plebiscite. A region that has been at the mercy …


Deterrence & Security Assistance: The South China Sea, Tommy Ross Nov 2017

Deterrence & Security Assistance: The South China Sea, Tommy Ross

The US Army War College Quarterly: Parameters

This article identifies how the United States can apply security assistance to support regional security in the South China Sea in order to counter China’s assertive expansion strategy.


Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …


Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner Dec 2016

Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner

The Medieval Globe

This essay examines the similarities and differences between legal and other precepts outlining corporal punishment in ancient and medieval Indian and early medieval European laws. Responding to Susan Reynolds’s call for such comparisons, it begins by outlining the challenges in doing so. Primarily, the fragmented political landscape of both regions, where multiple rulers and spheres of authority existed side-by-side, make a direct comparison complex. Moreover, the time slippage between what scholarship understands to be the “early medieval” period in each region needs to be taken into account, particularly given the persistence of some provisions and the adapatation or abandonment of …


Toward A History Of Documents In Medieval India: The Encounter Of Scholasticism And Regional Law In The Smṛticandrikā, Donald R. Davis Jr. Dec 2016

Toward A History Of Documents In Medieval India: The Encounter Of Scholasticism And Regional Law In The Smṛticandrikā, Donald R. Davis Jr.

The Medieval Globe

In order to understand the legal use and significance of documents in medieval India, we need to start from the contemporaneous legal categories found in the Sanskrit scholastic corpus called dharmaśāstra. By comparing these categories with actual historical documents and inscriptions, we gain better insight into the encounter of pan-Indian legal discourse in Sanskrit and regional laws in vernacular languages. The points of congruence and transgression in this encounter will facilitate a nuanced history of documents and their use beyond unhelpfully broad categories of written and oral. A new translation of one major scholastic discussion of documents is presented as …


Bahram & Camila, Bahram, Camila, Tsos Jun 2016

Bahram & Camila, Bahram, Camila, Tsos

TSOS Interview Gallery

Bahram tells the story of the Afghanistan's 1992 government collapse and subsequent civil wars that destroyed the city of Kabul. "There was war in every alley, every house, every area and every village. 60,000 people were killed." Their family emigrated to Pakistan and after living there for some time, some relatives of a friend from their village travelled to Pakistan and required lodging so they stayed with Bahram's family. In some developing and under-developed countries, the custom of arranged marriage to child and infant daughters is practiced. These house guests demanded their one-year-old daughter be given in marriage to a …


From The Editor, Antulio J. Echevarria Ii Jun 2016

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


China, India, And War Over Water, Jin H. Pak Jun 2016

China, India, And War Over Water, Jin H. Pak

The US Army War College Quarterly: Parameters

No abstract provided.


Aarash, Aarash, Tsos Jan 2016

Aarash, Aarash, Tsos

TSOS Interview Gallery

As an anti-corruption journalist in Afghanistan, Aarash’s family’s life was threatened by warlords. His car was shot at, their guesthouse was bombed, and later when they were threatened at gunpoint, they tried to make a new life in India. But in India, they discovered difficulties in obtaining permanent visas so they had return to Kabul where they hid at a friend’s house for 20 days while obtaining documentation to flee to Turkey. Once in Turkey, they learned that Afghan registries had been closed since 2010. They determined that they needed to either apply for asylum in Turkey or leave for …


Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn Dec 2015

Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn

The Medieval Globe

This article explores ways that the concept of equine cultures, developed thus far principally in European and/or early modern and colonial contexts, might translate to premodern South Asia. As a first contribution to a history of equine matters in South Asia, it focuses on the maritime circulation of horses from the Middle East to Peninsular India in the thirteenth century, examining the different ways that this phenomenon is recorded in textual and material sources and exploring their potential for writing a new, more connected history of South Asia and the Indian Ocean world.


Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas Dec 2013

Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas

Arthur Mitchell Fraas

This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that by …


The Institutional Dynamics Of Early Modern Eurasian Trade: The Commenda And The Corporation, Ron Harris Dec 2007

The Institutional Dynamics Of Early Modern Eurasian Trade: The Commenda And The Corporation, Ron Harris

Ron Harris

The focus of this article is on legal-economic institutions that organized early-modern Eurasian trade. It identifies two such institutions that had divergent dispersion patterns, the corporation and the commenda. The corporation ended up as a uniquely European institution that did not migrate until the era of European colonization. The commenda that originated in Arabia migrated all the way to Western Europe and to China. The article explains their divergent dispersion based on differences in their institutional and geographical environments and on dynamic factors. It claims that institutional analysis errs when it ignores migration of institutions. It provides building blocks for …


Détente And South Asia, Archer K. Blood Jul 1975

Détente And South Asia, Archer K. Blood

The US Army War College Quarterly: Parameters

No abstract provided.