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Articles 1 - 30 of 36

Full-Text Articles in Law

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco Nov 2021

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco

The US Army War College Quarterly: Parameters

Assessing threats to the air littoral, the airspace between ground forces and high-end fighters and bombers, requires a paradigm change in American military thinking about verticality. This article explores the consequences of domain convergence, specifically for the Army and Air Force’s different concepts of control. It will assist US military and policy practitioners in conceptualizing the air littoral and in thinking more vertically about the air and land domains and the challenges of domain convergence.


Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg Nov 2021

Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg

The US Army War College Quarterly: Parameters

For years, scholars have viewed the career of William Tecumseh Sherman in light of an antiquated destroyer myth and neglected his memoirs, which were written as a military textbook. This essay reviews Sherman’s legacy and literature, both of which contributed to the advancement of modern military thought. His experiences may serve as a prescriptive text to servicemembers, providing critical lessons on military warfare and philosophy still relevant today.


Great (Soft) Power Competition: Us And Chinese Efforts In Global Health Engagement, Michael W. Wissemann Aug 2021

Great (Soft) Power Competition: Us And Chinese Efforts In Global Health Engagement, Michael W. Wissemann

The US Army War College Quarterly: Parameters

Global health engagement, an underutilized strategy rooted in the strengths of soft power persuasion, can lead to more military-to-military cooperation training, help establish relationships that can be relied on when crises develop, stabilize fragile states, and deny violent extremist organizations space for recruiting and operations. Examining Chinese efforts worldwide to curry favor and influence and the challenges posed by the COVID-19 pandemic, this article shows health as a medium is a very compelling and advantageous whole-of-government approach to national security policy concerns.


The Evolution Of Hybrid Warfare: Implications For Strategy And The Military Profession, Ilmari Käihkö Aug 2021

The Evolution Of Hybrid Warfare: Implications For Strategy And The Military Profession, Ilmari Käihkö

The US Army War College Quarterly: Parameters

The concept of hybrid war has evolved from operational-level use of military means and methods in war toward strategic-level use of nonmilitary means in a gray zone below the threshold of war. This article considers this evolution and its implications for strategy and the military profession by contrasting past and current use of the hybrid war concept and raising critical questions for policy and military practitioners.


The Battalion Commander Effect, Everett Spain, Gautam Mukunda, Archie Bates Aug 2021

The Battalion Commander Effect, Everett Spain, Gautam Mukunda, Archie Bates

The US Army War College Quarterly: Parameters

Statistical evidence suggests Army battalion commanders are significant determinants of the retention of their lieutenants—especially high-potential lieutenants. Further, this so-called Battalion Commander Effect should be included in brigadier general promotion board assessments and used to inform officer professional military education curricula.


Book Reviews, Usawc Press Aug 2021

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian Aug 2021

Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian

The US Army War College Quarterly: Parameters

Using US military aid as a lever to achieve human rights reforms has proven only marginally effective. This article examines the approaches employed by the Obama and Trump administrations to US military aid to Egypt and proposes practical steps that can be taken by policymakers and the military personnel on the ground to advance US human rights values.


Samuel Huntington, Professionalism, And Self-Policing In The Us Army Officer Corps, Brian Mcallister Linn Aug 2021

Samuel Huntington, Professionalism, And Self-Policing In The Us Army Officer Corps, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

Drawing on Samuel P. Huntington’s three phases of self-regulation used to determine if an occupation qualifies as a profession, this article focuses on the third phase of policing and removing those who fail to uphold the standards set forth in the first two phases. It reviews how the US Army implemented this phase following the Civil War through the post–Vietnam War years and the implications for the officer corps.


Made In The Usa: Technological Corporatism, Infrastructure Regulation, And Dupont 1902-1917, Roman Y. Shemakov Jun 2020

Made In The Usa: Technological Corporatism, Infrastructure Regulation, And Dupont 1902-1917, Roman Y. Shemakov

Swarthmore Undergraduate History Journal

The turn of the twentieth century radically renewed industrial organization across the United States. Early American corporations -- centralized manufacturing hubs with journeymen and apprentices laboring under one roof -- were seldom prepared for the transformations that scientific management and structural reorganization would bring to social relations. At the helm of World War 1, DuPont became the epitome of broader national restructuring. Through a close relationship with American military industries and legislatures, the DuPont brothers came to represent Business as an inseparable component of the State. While labor historiography has primarily focused on organizers’ relationship with regulators, important segments of its inverse ...


The Evolution Of Private Equity And The Change In General Partner Compensation Terms In The 1980s, Stephen Fraidin, Meredith Foster Jan 2019

The Evolution Of Private Equity And The Change In General Partner Compensation Terms In The 1980s, Stephen Fraidin, Meredith Foster

Fordham Journal of Corporate & Financial Law

While the business model of private equity has remained largely unchanged since the 1980s, private equity as an industry has undergone a dramatic transformation. In the early 1980s, private equity was both highly profitable and highly controversial. Today, on the other hand, it is an important asset class and its returns are modest. This paper will document both of these changes and identify the several factors that contributed simultaneously to private equity’s declining profitability and to its increasing public acceptance. This paper will also identify another change that private equity underwent in the 1980s, which has been largely ignored ...


Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen Jan 2019

Island Invasion: The Silent Crisis In Hawaii, Sophia Janssen

Pomona Senior Theses

Keeping out invasive species may, upon first review, seem like a trivial environmental cry from ecologists and deep environmentalists; a belated wish to return to an undeveloped world where nature was pristine. However invasive species create problems that impact all of us and can have far more severe consequences than changing a stunning landscape. These problems are heightened in islands like Hawaii, where the fragile ecosystems have developed over centuries of evolution and adaptation. The introduction of a disease-carrying mosquito can put the people of Hawaii at risk to many vector-born illnesses and create an epidemic, taking human life. The ...


Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele Dec 2017

Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele

Journal of International Technology and Information Management

This paper provides an overview of the current state of privacy and data protection policies and regulations in Nigeria. The paper contends that the extant legal regime in Nigeria is patently inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view is based on the critical analysis of the current legal regime in Nigeria vis-à-vis the review of some vital data privacy issues. The paper makes some recommendations for the reform of the law.


Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst May 2017

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student ...


Building Consensus Among General Counsel To Address Managerial Legal Strategy Perspectives, Evan Andrew Peterson Jan 2017

Building Consensus Among General Counsel To Address Managerial Legal Strategy Perspectives, Evan Andrew Peterson

Walden Dissertations and Doctoral Studies

The research problem for this study focused on organizations' inability to derive strategic value from the law due to the lack of integration between legal strategy and business strategy. The purpose of this study was to build consensus among in-house general counsel working across business industries in the United States with regard to techniques that will alter unreceptive managerial viewpoints toward the strategic value of law within the corporate setting. The research question centered on assessing the level of consensus among general counsel relative to those techniques. This 3-round qualitative Delphi study began with open-ended questions in Round 1 and ...


Antitrust And Information Technologies, Herbert J. Hovenkamp Mar 2016

Antitrust And Information Technologies, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.

For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in ...


College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?􀀃, Randall Thomas, Lawrence Van Horn Jan 2016

College Football Coaches’ Pay And Contracts: Are They Overpaid And Unfairly Treated?􀀃, Randall Thomas, Lawrence Van Horn

Indiana Law Journal

College football coaches’ employment contracts and compensation garner public attention and scrutiny in much the same way as those of corporate CEOs. In both cases, the public perception is that they must be overpaid and pampered. Economic theory claims that for coaches and CEOs to be overpaid, they must be receiving compensation in excess of the value they create for their organizations. However, both receive pay-for-performance compensation, which structurally aligns their compensation with value creation. This means we need to examine the underlying structure of the contract that gives rise to the observed compensation to determine whether they are appropriately ...


Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines Nov 2015

Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines

Terence Lau

In this article, we examine the issues that bring First Amendment jurisprudence to the grant of certiorari in Pleasant Grove v. Summum, scheduled for oral argument in the Supreme Court of the United States in November. We examine the historical basis for America’s religious heritage, the historical judicial treatment of the religious clauses, and the erosion of the wall of separation between church and state. We examine the Ten Commandments, finding inherent discrimination present in modern-day attempts to advance a particular version of the Ten Commandments as secular. By drawing upon Rousseau’s civic religion, we suggest alternative routes ...


Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr. Aug 2015

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers ...


Predicting Cross-Gaming Propensity Using E-Chaid Analysis, Eunju Suh, Matt Alhaery Jun 2015

Predicting Cross-Gaming Propensity Using E-Chaid Analysis, Eunju Suh, Matt Alhaery

UNLV Gaming Research & Review Journal

Cross-selling different types of games could provide an opportunity for casino operators to generate additional time and money spent on gaming from existing patrons. One way to identify the patrons who are likely to cross-play is mining individual players’ gaming data using predictive analytics. Hence, this study aims to predict casino patrons’ propensity to play both slots and table games, also known as cross-gaming, by applying a data-mining algorithm to patrons’ gaming data. The Exhaustive Chi-squared Automatic Interaction Detector (E-CHAID) method was employed to predict cross-gaming propensity. The E-CHAID models based on the gaming-related behavioral data produced actionable model accuracy ...


Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Jan 2015

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson

Walden Dissertations and Doctoral Studies

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers ...


Factors Contributing To The Limited Use Of Information Technology In State Courtrooms, Concetta Manker Jan 2015

Factors Contributing To The Limited Use Of Information Technology In State Courtrooms, Concetta Manker

Walden Dissertations and Doctoral Studies

Few state courtrooms in the United States have integrated information technology (IT) in court trials. Despite jurors' beliefs that using courtroom technology improves their abilities to serve as jurors, the attitudes and experiences among attorneys and judges toward the utility of IT continue to pose barriers. The purpose of this phenomenological study was to explore and describe the experiences of attorneys and judges in the State of Virginia with regard limited use of IT in state courtrooms. The conceptual framework included Davis, Bagozzi, and Warshaw's (1989) technology acceptance model; Rogers's (2003) diffusion of innovation theory; and Venkatesh, Morris ...


Examining The Use Of Focus Groups In Economic Development Initiatives, Oscar T. Mcknight, Ronald Paugh, Brian Nestor, Shawn Yambor Mar 2012

Examining The Use Of Focus Groups In Economic Development Initiatives, Oscar T. Mcknight, Ronald Paugh, Brian Nestor, Shawn Yambor

Oscar T McKnight Ph.D.

City officials often use focus groups in economic development. However, findings indicate that group dynamics can threaten validity when seeking consensus. Data suggest a strong rebound effect for participants to return to their earlier pre-focus group assessment beliefs. Introduced is the ‘BUCKS’ Planning Model for facilitating city economic development initiatives.


When Is Command-And-Control Efficient? Institutions, Technology And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Peter Z. Grossman, Daniel H. Cole Apr 2010

When Is Command-And-Control Efficient? Institutions, Technology And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Peter Z. Grossman, Daniel H. Cole

Peter Z. Grossman

The nominal efficiency of a regulatory regime is determined by comparing its social costs and benefits; the regime is nominally efficient if it produces benefits in excess of its costs. Thus, a regulatory regime can be at once nominally efficient and relatively inefficient. A regulatory regime that is nominally efficient in the early days of pollution-control efforts, when increments of environmental quality are relatively cheap, may (but will not necessarily) grow less efficient over time - producing less return on each dollar invested - as increments of environmental quality grow increasingly expensive. A regulatory regime that is more efficient in one institutional ...


Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski Jan 2010

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski

Sascha Vitzthum

Within this paper we consider our results of using the Social Science Research Network (SSRN) over a period of 18 months to distribute our working papers to the research community. Our experiences have been quite positive, with SSRN serving as a platform both to inform our colleagues about our research as well as inform us about related research (through email and telephoned conversations of colleagues who discovered our paper on SSRN). We then discuss potential future directions for SSRN to consider, and how SSRN might well represent an initial revolution in 21st century academic knowledge aggregation and dissemination. Our paper ...


Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton Jan 2010

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

College of Law - Faculty Scholarship

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton Dec 2009

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

A. Joseph Warburton

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


A Practical Solution To The Reference Class Problem, Edward K. Cheng Jan 2009

A Practical Solution To The Reference Class Problem, Edward K. Cheng

Vanderbilt Law School Faculty Publications

The "reference class problem" is a serious challenge to the use of statistical evidence that arguably arises every day in wide variety of cases, including toxic torts, property valuation, and even drug smuggling. At its core, it observes that statistical inferences depend critically on how people, events, or things are classified. As there is (purportedly) no principle for privileging certain categories over others, statistics become manipulable, undermining the very objectivity and certainty that make statistical evidence valuable and attractive to legal actors. In this paper, I propose a practical solution to the reference class problem by drawing on model selection ...


Prediction Markets And Law: A Skeptical Account, Rebecca Haw Allensworth Jan 2009

Prediction Markets And Law: A Skeptical Account, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in aggregating information, weighing alternatives, and making decisions. And although some of our legal institutions, such as Congress and juries, already harness the power of the crowd, others could be improved by multiplying the number of minds at work. "Multiplying" implies a simple mathematical formula for improving decisionmaking; modern many minds arguments are more sophisticated than that. They use incentive analyses, game theory, and statistics to study how and ...


Towards Self-Organizing, Smart Business Networks: Let’S Create ‘Life’ From Inert Information, David Bray, Benn Konsynski Nov 2008

Towards Self-Organizing, Smart Business Networks: Let’S Create ‘Life’ From Inert Information, David Bray, Benn Konsynski

David A. Bray

We review three different theories that can inform how researchers can determine the performance of smart business networks, to include: (1) the Theory of Evolution, (2) the Knowledge-Based Theory of the Firm, and (3) research insights into computers and cognition. We suggest that each of these theories demonstrate that to be generally perceived as smart, an organism needs to be self-organizing, communicative, and tool-making. Consequentially, to determine the performance of a smart business network, we suggest that researchers need to determine the degree to which it is self-organizing, communicative, and tool-making. We then relate these findings to the Internet and ...


International Strategic Alliance, Mohd Arif Jun 2008

International Strategic Alliance, Mohd Arif

Mohd Arif

A Strategic Alliance is a relationship between firms to creat more value than they can on their own