Law Commons^™

Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray

BYU Law Review

No abstract provided.

Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot

Journal of Digital Forensics, Security and Law

This paper is designed to expose vulnerabilities within the US electoral system, the use of cyberspace to exploit weaknesses within the information assurance strategies of the democratic and republican party organizations, and deficiencies within the social media communications and voting machine exploits. A brief history of discriminatory practices in voting rights and voting access will be set as the foundation for the argument that the system is vulnerable in the cyber age, and the need for reform at the local, state and national levels will be emphasized. The possibility of a foreign nation-state influencing the outcome of an election by …

The Complex Interplay Of Eu-China And Eu-Hksar Relations, Antonia Gough

Global: Jurnal Politik Internasional

Due to a unique colonial history, Hong Kong today operates under the “One Country, Two Systems” framework. In the years immediately following the handover, it was generally thought that this was working quite well. In recent years, however, tensions have arisen within the “One Country, Two Systems” model, most notably including the 2014 Umbrella Movement, the imprisonment of student protesters and various notable incidents like the disappearance of five book publishers. This article aims to uncover how consistent the EU is in promoting democratic norms in its relations with the HKSAR. Using discourse analysis of relevant EU documents, the article …

Kebijakan Unilateral Penanganan Imigran Ilegal Australia Pasca Pemilihan Umum Australia Tahun 2013, Fakhrul Rizal

Global: Jurnal Politik Internasional

This article analyzes military policy making made by Australian Government to tackle the issue of illegal immigrants in Australia after the Australian Federal Election in 2013. Some of existing studies on the topic illustrate from the point of view of securitization, that illegal immigrant issues has been securitized and requires the intervention of the Australian army through Operations Sovereign Borders. However, in the context of the 2013 Australian Federal Elections, these earlier studies have not explained the objectives of securitization resulting in an assertive policy in the handling of illegal immigrants. By employing the strands of securitization concept, this paper …

Pendekatan Konsep Harmoni Dalam Manajemen Konflik Oleh Jepang Dalam Isu Sengketa Senkaku/Diaoyu Dengan Tiongkok, Rudi Saeputra

Global: Jurnal Politik Internasional

The Senkaku dispute refers to a territorial claim between China and Japan over a group of eight pinnacle islands in East China Sea. Japan has taken a valid control over the Senkaku Islands since 1895. Yet, in the light of historical records, China claims the islands as a part of its ancient territory. This article aims to analyze Japan’s motives in taking repetitive peaceful measure in handling the Senkaku/Diaoyu Islands dispute. Most of existing academic writing about China-Japan discord put emphasize on the findings related to mutual aid and regime, strategy and policy, power projection and threat perception, and interaction …

Globalisasi Industri Hiburan Jepang Dan Korea: Pengaruh Terhadap Perspektif Publik Antar Negara, Annisa Kemala

Global: Jurnal Politik Internasional

Meski dengan status kedua negara sebagai kekuatan besar di Asia Timur, hubungan bilateral Jepang dan Korea Selatan seringkali menemui tantangan dengan masih terdapatnya ketegangan yang disebabkan sejak masa Perang Dunia II. Kedua negara sama-sama menonjol dalam produk budaya populernya, termasuk dalam hal industri hiburan. Dengan semakin terlibatnya aktor-aktor non-negara dalam Hubungan Internasional, para aktor dalam industri hiburan Jepang dan Korea Selatan mendapatkan peran tersendiri sebagai pelaku diplomasi publik yang bertujuan untuk mengubah perspektif publik dari masyarakat yang menjadi negara tujuannya. Penelitian ini menyimpulkan bahwa ketenaran industri hiburan kedua negara berhasil memunculkan kelompok-kelompok penggemar yang memiliki pandangan positif terhadap masing-masing negara …

The Development Of Concept Of Territory In International Relations, Ghifari Athallah Ramadhan

Global: Jurnal Politik Internasional

The concept of territory, a politicized space, is not really explored in International Relations, even though territory is where International Relations happen physically. This article explores the development of the concept of territory in International Relations. By seeing the development of the concept of territory in International Relations, I could see the main arguments regarding territory. For example, I could understand the argument behind the jargon of “borderless world” or “return of geography”. In order to fully explain the development of the concept of territory in International Relations, I divide my research into five parts. First, I would describe the …

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the …

Facilitating Pre-Service Teachers To Engage Emergent Bilinguals In Productive Struggle, Benjamin T. Dickey, Jim Ewing, Melissa Caruso, Emily D. Fulmer

Journal of Multicultural Affairs

This study utilized a multiple case study with qualitative research to examine how Pre-service teachers (PSTs) might engage Emergent Bilinguals (EBs) in productive struggle—grappling to solve problems (Warshauer, 2015). The researchers created a rubric based on Warshauer’s (2015) case study to record the types of questions PSTs asked as they tutored fourth grade EBs. Warshauer (2015) claimed PSTs should allow students more wait time and ask questions. She referred to such questions as affordance and probing guidance, which facilitates productive struggle. In order to discover more about the PSTs’ thinking, the researchers interviewed the PSTs before and after their first, …

Higher Education Experiences Of International Faculty In The U.S. Deep South, Elizabeth Omiteru, James Martinez, Rudo Tsemunhu, Eugene F. Asola

Journal of Multicultural Affairs

Immigration was one of the key issues from within the Obama administration. One focus of the administration was to retain brilliant foreign scholars who have studied in the United States (U.S). Rather than let International Faculty return to their countries after completing their programs, employers found it advantageous to retain these professionals to boost the United States workforce. Higher education was one of the government sectors that experienced an increase in the numbers of foreign nationals choosing to remain in the United States after completing their degrees. What many International Faculty may be oblivious of, and which their programs of …

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy

The Downtown Review

Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.

An Examination Of The Death Penalty, Alexandra N. Kremer

The Downtown Review

The death penalty, or capital punishment, is the use of execution through hanging, beheading, drowning, gas chambers, lethal injection, and electrocution among others in response to a crime. This has spurred much debate on whether it should be used for reasons such as ethics, revenge, economics, effectiveness as a deterrent, and constitutionality. Capital punishment has roots that date back to the 18^th century B.C., but, as of 2016, has been abolished in law or practice by more than two thirds of the world’s countries and several states within the United States. Here, the arguments for and against the death …

Can A Global Fund Help Solve The Global Marine Plastic Debris Problem?, Karen Raubenheimer, Alistair Mcilgorm

Journal of Ocean and Coastal Economics

The problem of marine plastic debris impacts all of the world’s oceans and requires all nations to respond. However, developing States require funds to improve waste management infrastructure and services in order to reduce marine debris at source. Plastics manufacturers and retailers globally must be incentivised to design products for the environment as well as for the collection and end-of-life treatment facilities available within the intended markets. Given the oceans are a global common, we investigate the option of developing a global fund mechanism to progress the necessary actions to reduce plastic waste entering the world’s oceans. This requires consideration …

Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn

Journal of Ocean and Coastal Economics

The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information …

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …

Lieutenant Colonel Donn A. Starry, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

High-Energy Laser Weapons: Overpromising Readiness, Ash Rossiter

The US Army War College Quarterly: Parameters

No abstract provided.

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …

New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard

Genocide Studies and Prevention: An International Journal

Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …

Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick

Genocide Studies and Prevention: An International Journal

This paper analyzes the generally muted international response to the protracted plight of the Rohingya, a persecuted Muslim minority in Myanmar, from the perspective of sociology of law. The first part provides background on the Rohingya crisis and discusses relevant international legal frameworks relating to crimes against humanity and genocide. The second part adapts analytical frameworks developed by Felstiner, Abel, and Sarat on the emergence and transformation of disputes, in order to examine some of the factors that frustrate the processes of naming crimes, blaming perpetrators, and claiming rights and protection for the Rohingya minority in the international context. Work …

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …

Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth

The US Army War College Quarterly: Parameters

No abstract provided.

Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Civil-Military Relations And Today's Policy Environment, Thomas N. Garner

The US Army War College Quarterly: Parameters

No abstract provided.