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Full-Text Articles in Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira Oct 2021

Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira

Genocide Studies and Prevention: An International Journal

The international community has been called upon to ramp up efforts to end statelessness and provided with a guiding framework of 10 Actions. This dossier presents the practical consequences of expulsion, both direct and indirect outcomes of collective violence, directed towards the Rohingyas. Touching upon the nexus between children's rights, human trafficking, and practical challenges associated on-the-ground, the dossier also discusses the imperative need for the Association of Southeast Asian Nations (ASEAN) states—collectively as a region—to take steps in fulfilling Action 7 of the Global Action Plan through the birth registration of Rohingya children as part of ...


Sufficiently Judicial: The Need For A Universal Ethics Rule On Attorney Behavior In Legislative Impeachment Trials, Joshua E. Kastenberg Oct 2021

Sufficiently Judicial: The Need For A Universal Ethics Rule On Attorney Behavior In Legislative Impeachment Trials, Joshua E. Kastenberg

St. Mary's Journal on Legal Malpractice & Ethics

In assessing an ethics, rule-based prohibition against New Jersey governmental attorneys representing clients against the state for matters the state had previously assigned to them, the state supreme court noted: “In our representative form of government, it is essential that the conduct of public officials and employees shall hold the respect and confidence of the people.”

In the beginning of 2020, the United States Senate held an impeachment trial to determine whether former President Donald J. Trump had committed offenses forwarded by the House of Representatives. A U.S. Senate trial, much like state senate trials, is both judicial and ...


The Runaway Presidential Power Over Diplomacy, Jean Galbraith Sep 2021

The Runaway Presidential Power Over Diplomacy, Jean Galbraith

Faculty Scholarship at Penn Law

The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly ...


Biden Administration U.S. Space Force Policy Literature, Bert Chapman Sep 2021

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities ...


U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams Sep 2021

U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to ...


Diary Of An Afghan Woman Collection - September 2021 Sep 2021

Diary Of An Afghan Woman Collection - September 2021

TSOS Interview Gallery

Four women share with us their daily lives in Afghanistan. Join them as they express their love for the country, the people, and each other; and as they share with you their deepest fears and most intimate moments.

They refuse to be silenced as they journey through this new, uncharted chapter in Afghanistan's history.

We at TSOS are honored to provide a platform for their voices to be heard. We will post entries as we receive them. For safety purposes, names have been changed and only avatars (designed with input from each woman) will be used.

ZOYA

Zoya is ...


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.


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.


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.


Assessing Risk At The National Strategic Level: Visualization Tools For Military Planners, Wade A. Germann, Heather S. Gregg Aug 2021

Assessing Risk At The National Strategic Level: Visualization Tools For Military Planners, Wade A. Germann, Heather S. Gregg

The US Army War College Quarterly: Parameters

The reemergence of great power competition, conflict with near-peer competitor states below the level of armed conflict, and persisting threats from nonstate actors with transnational ambitions and global reach pose challenges for strategists planning, executing, and assessing military operations and strategy. Building on current visualization tools, two proposed models—the National Strategic Risk Abacus and the National Strategic Risk Radar Chart—address these challenges and better depict how the US military may inadvertently contribute to risk at the national strategic level.


Reversing The Readiness Assumption: A Proposal For Fiscal And Military Effectiveness, Jason W. Warren, John A. Bonin Aug 2021

Reversing The Readiness Assumption: A Proposal For Fiscal And Military Effectiveness, Jason W. Warren, John A. Bonin

The US Army War College Quarterly: Parameters

Looming budget cuts will necessitate adept management to retain a military capable of competing and winning by avoiding the mistakes made in prior drawdowns. This article presents a framework for government and defense leaders to prepare for the coming drawdown and plan for the necessary capacity of tomorrow across the diplomatic, information, military, and economic framework.


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.


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.


Book Reviews, Usawc Press Aug 2021

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley Aug 2021

Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley

The US Army War College Quarterly: Parameters

Drawing on personal experience, the author asks what the current administration can learn from the Clinton administration’s implementation of Presidential Decision Directive 56, examines the real-world application of the directive during the Clinton administration and the pitfalls of its agency-centric successor during the Bush administration, and identifies recurring problems and best practices for successfully responding to current global crises.


Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr. Aug 2021

Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

The Las Vegas Metropolitan Police Department’s (LVMPD) annual budget increased every fiscal year (FY) from 2018 to 2021. Using data provided by the LVMPD’s final budget reports for FY 2018 to 2021, this Fact Sheet details LVMPD funding increases and summarizes budget expenditures by unit and area command.


Yosuf, Yosuf, Tsos Aug 2021

Yosuf, Yosuf, Tsos

TSOS Interview Gallery

Yosef and his family of four are from the Herat Province in Afghanistan. The eldest child used to sell potatoes with Ibrahim, the middle child, who was killed by a landmine planted by counter-revolutionaries. As a result, the eldest child, Ismail, developed severe nerve and mental issues, and the wife, who is now pregnant, frequently has seizures. They sold their home to treat Ismail, but doctors say nothing can be done. Ismail’s condition continues to worsen, but he refuses to leave to see a doctor because he is afraid of the police for an unknown reason. Yosef says he ...


Influence Through Intimidation: Evidence From Business Lobbying And The Regulatory Process, Alex Acs, Cary Coglianese Jul 2021

Influence Through Intimidation: Evidence From Business Lobbying And The Regulatory Process, Alex Acs, Cary Coglianese

Faculty Scholarship at Penn Law

Interest group influence in the policy process is often assumed to occur through a mechanism of exchange, persuasion, or subsidy. Here, we explore how business groups may also exert influence by intimidating policymakers—a form of persuasion, but one based not on the provision of policy information but of political information. We develop a theory where a business firm lobbies a regulator to communicate political information about its capacity to commit to future influence-seeking activities that would sanction the regulator. The regulator assesses the credibility of this message by evaluating the firm’s commitment to lobbying. Guided by our theory ...


A Scriptural And Scholarly Basis For Engaging The Political Arena, Gary Ball Jul 2021

A Scriptural And Scholarly Basis For Engaging The Political Arena, Gary Ball

Diligence: Journal of the Liberty University Online Religion Capstone in Research and Scholarship

Abstract

Historically, Americans have viewed church and state as incompatible, if not mutually exclusive, cultural arenas. Generally, throughout America’s history, pulpits and sanctuaries, church classrooms, and Christian small groups have rightly held their focus on Scripture. Yet, in small groups, and in other venues, Christians lament the ungodly behaviors of politicians, and their variously godless, pagan, and deplorable views.

As Ed Dobson, John MacArthur, and Cal Thomas faithfully emphasize, we are to go and preach the gospel (Mt 28:19-20; Acts 1:8). Also, prayer holds a supreme and supernatural power. Prayer circles rightly pray for politicians. Yet, in ...


Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait Jun 2021

Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait

Doctoral Dissertations

My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a ...


Lisa Campbell, Lisa Campbell, Tsos Jun 2021

Lisa Campbell, Lisa Campbell, Tsos

TSOS Interview Gallery

Lisa Campbell, project manager for the non-profit Do Your Part Refugee Community Center in Greece. Lisa combined efforts with multiple organizations to better the lives of refugees in the Delisi, Greece area. Lisa discusses the evolution of the growing refugee crisis and the millions who flee to Greece and Turkey.


The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro Jun 2021

The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro

Faculty Scholarship at Penn Law

President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends ...


Letter From The Editor 2021, Dujpew Editorial Board Jun 2021

Letter From The Editor 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Volume I | Issue Iii | 2021, Dujpew Editorial Board Jun 2021

Volume I | Issue Iii | 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, Bianca Ortiz-Miskimen Jun 2021

Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, Bianca Ortiz-Miskimen

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

This paper assesses the impacts of minority representation on judicial decision- making within three-judge panels on the Ninth Circuit of the U.S. Court of Appeals. While much

of the existing literature regarding this issue has looked at racial and gender minorities in the federal judiciary, this paper seeks to identify whether the presence of foreign-born judges on appellate panels has an effect on the holdings of immigration-related cases. To address this question, I compiled an original database of 200 immigration cases decided between 2016 and 2020. The results reaffirm previous findings that panels with at least one female judge ...


Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach Jun 2021

Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Margot Walström, Special Representative of the UN Secretary-General on Sexual Violence defines sexual violence as a "way of demonstrating power and control. It inflicts fear on the whole community. And it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society.” Despite the universal damage of sexual violence throughout history, international law did not begin to develop a response to such crimes until the 1990s. Worldwide fear and shame associated with atrocities of sexual violence, difficulty defining it across cultures, challenges to accurate data collection, and lack of collective action all contribute to the ...


Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, Jessie Miller Jun 2021

Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, Jessie Miller

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

As the COVID-19 pandemic tore through the globe, policymakers grappled with two key questions. First, to what extent could new tools to collect and analyze data on a massive scale help limit the virus’s spread and, second, how would the collection of that data impact the privacy rights of individuals? This paper examines both questions and reveals how nation-specific traditions, values, and leaders shaped the delicate balance between the right to privacy and the protection of the population from COVID-19. An exploration of the surveillance techniques developed in response to the SARS and HIV pandemics reveals the growing consensus ...


Automated Decision Making And Machine Learning: Regulatory Alternatives For Autonomous Settings, Alyssa Heminger Jun 2021

Automated Decision Making And Machine Learning: Regulatory Alternatives For Autonomous Settings, Alyssa Heminger

University Honors Theses

Given growing investment capital in research and development, accompanied by extensive literature on the subject by researchers in nearly every domain from civil engineering to legal studies, automated decision-support systems (ADM) are likely to see a place in the foreseeable future. Artificial intelligence (AI), as an automated system, can be defined as broad range of computerized tasks designed to replicate human neural networks, store and organize large quantities of information, detect patterns, and make predictions with increasing accuracy and reliability. By itself, artificial intelligence is not quite science-fiction tropes (i.e. an uncontrollable existential threat to humanity) yet not without ...


Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower Jun 2021

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower

William & Mary Bill of Rights Journal

Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all ...