Law Commons^™

Raven Sentry: Employing Ai For Indications And Warnings In Afghanistan, Thomas W. Spahr

The US Army War College Quarterly: Parameters

This article examines Raven Sentry, a project that employed artificial intelligence to provide advance warning of insurgent attacks in Afghanistan. During 2019 and 2020, the Resolute Support Deputy Chief of Staff for Intelligence (J2) benefited from a command culture open to innovation, the urgency created by the US drawdown, and a uniquely talented group of personnel that, aided by commercial sector experts, built an AI system that helped predict attacks. The war’s end cut Raven Sentry short, but the experience provides important lessons on AI and the conditions necessary for successful innovation.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2024 issue of Parameters. We open this issue with a special “In Memoriam” by General Charles A. Flynn, Commander US Army Pacific, honoring the life and legacies of our director and consummate colleague, Carol V. Evans. We dedicate this issue to her. General Flynn’s memoriam is followed by an In Focus commentary on China’s Belt and Road Initiative. We then feature three forums covering the Russia-Ukraine War, the Middle East, and Professional Development. This issue also contains special essays on the role of professional writing, the US Army War College’s Civil-Military Relations Center, …

Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi

International Review of Humanities Studies

Indonesia has been chosen to host the G20 summit in Bali in November 2022. Indonesia has prepared many agendas ahead of the execution of this summit. This preparation concerns the technical implementation of multilateral relations, which have undergone significant changes due to the COVID-19 pandemic. Furthermore, Indonesia needs help hosting the G20 due to the fractured multilateral relations of several G20 member countries caused by the Russia-Ukraine conflict in early 2022. As a result, Indonesia must mediate between the disputing parties to resolve this issue by selecting appropriate communication methods. Cultural diplomacy is one approach. Cultural diplomacy is a non-coercive …

Mental Health Stigma As A Sociocultural Complex Within Panamanian Culture, Arielle Sanders

Journal of Vincentian Social Action

The purpose of this study is to examine mental health stigma within the sociocultural context shared by members of the Panamanian population. Mental health stigma is complex because it manifests itself differently according to the cultural context in which it is experienced. Culture informs individual beliefs, behaviors, and attitudes regarding how a person should live within their immediate household and within society. This social conditioning is accomplished through a variety of means, including the passing down of social norms, traditions, and customs. Ultimately, these cultural characteristics encourage socially acceptable behaviors while simultaneously discouraging undesirable behaviors in order to maintain group …

Kelemahan Undang-Undang Hak Cipta Dalam Melindungi Ekspresi Budaya Tradisional, Amalia Karunia Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Indonesian perspective on materiality is concrete that is communal. Laws and regulations relating to the protection of Traditional Knowledge and Traditional Cultural Expressions in Indonesia have not been able to properly support the development of Traditional Knowledge and Traditional Cultural Expressions. The number of rules regarding inventory scattered in several laws has apparently not been able to connect with one another to make Traditional Knowledge and Traditional Cultural Expressions develop. Therefore, apart from protection efforts, it is also important to use it in the framework of protecting traditional knowledge itself. Because Traditional Cultural Expressions are one of the identities …

Round Table (Part 5): What’S Raphaël Lemkin Got To Do With Genocide Studies?, Douglas Irvin-Erickson

Genocide Studies and Prevention: An International Journal

No abstract provided.

Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia

FIU Law Review

The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying—inside and outside the classroom. In the pandemic’s first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to accommodate …

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …

Disaster And Socio-Cultural Impact: Between Social Representations And Resiliencecatastrophe Et Impact Socio-Culturel: Entre Représentations Sociales Et Résilience, Abdelfettah N. Idrissi

BAU Journal - Society, Culture and Human Behavior

Abstract: We live in a constantly changing world, a multi-faceted world vacillating between joy and happiness on one side and sadness and desolation on the other. We have indeed witnessed, recently, much sadness and misfortune resulting from both human and natural disasters. Whether individual or collective, the risks are assessed having regard to our cultural determinism, taking into account values, standards and living conditions of individuals. Our purpose, which falls within the framework of the theory of social representations (Moscovici (1986)), would be to account for the impact of the disaster on the behavior of the individual and of society, …

Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani

Bridges: An Undergraduate Journal of Contemporary Connections

Female circumcision is a traditional practice commonly associated with culture, religion, or a mix of both. The aim of this paper is to evaluate the controversy surrounding female circumcision and determine whether this practice is justified or a violation of human rights. There are two main critiques of female circumcision as posed by the international community. The first critique is the health risks associated with the procedure and the second risk is the lack of consent within practicing communities. Due to these reasons, female circumcision is not only outlawed in most African countries with its disbandment supported by the African …

Compassion: A Critical Skill For Law Students, Stephanie Smith Ledesma, Ma, Jd, Cwls

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

FIU Law Review

No abstract provided.

Why Coastal Maine Needs A Wrap Around Drug Court, Haley K. Hunter

Ocean and Coastal Law Journal

Opioid use and abuse is a national crisis that has taken its toll on small Maine communities. Among those hardest hit, are the small coastal communities that are the heart of Maines lobster and fishing industries. These areas are remote, and do not have the resources to deal with the opioid crisis as it continues to grow, which could have detrimental effects on an industry that makes up a large part of Maine’s economy. Further, while many lobstermen and fishermen suffer from opioid addiction, very few seek help or treatment for the disease. This comment suggests that the Maine judicial …

The Dangers Of Humanitarian Intervention And The Responsibility To Protect Doctrine, And A Partial Solution, Matthew Bellinger

Indiana Journal of Global Legal Studies

When the United Nations (UN) was formed, one of its most important goals was to render war obsolete. The UN Charter states as a goal the hope to "save succeeding generations from the scourge of war." When President Franklin D. Roosevelt first described his vision for a post-World War II international organization, he envisioned an organization that would promote and facilitate "international cooperation . . . to consider and deal with the problem of world relations." He also wanted a council that would "concern itself with peaceful settlement of international disputes." The UN Charter itself took the then-unprecedented step of …

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Internet Architecture And Disability, Blake Reid

Indiana Law Journal

The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …

The City And The Soul: Character And Thriving In Law And Politics, Sherman J. Clark

University of Michigan Journal of Law Reform

This Article describes a way of thinking about law and politics that is ancient in origins but largely absent from modern legal scholarship. It poses a two-part question: how do our law and politics influence our character, and how does that in turn influence how well and fully we live?

Much legal scholarship asks how law can be more efficient and effective in making us richer, healthier, safer, and such. This is good: wealth, health, and safety are—or can be—good things. But material conditions are not the only things that make for a rich and full life. What also matters—and …

"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr.

Pepperdine Law Review

Using Richard Niebuhr’s description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become so …

One Step Enough, Steven D. Smith

Pepperdine Law Review

The growing divide between contemporary law and culture and Christianity forces Christians both in general and in the academy to confront difficult choices. The difficulty of those choices was manifest in the most recent presidential election. In this situation, some Christians take an aggressive or triumphalist stance; others are more inclined to a retreatist approach sometimes labeled “the Benedict Option.” What the right response is poses both prudential and theological questions about which Christians disagree, and about which confident answers are elusive. In this context, Professor Bob Cochran’s distinguished career exemplifies a path of humility in which the Christian citizen …

Jesus Came "Not To Abolish The Law But To Fulfill It": The Sermon On The Mount And Its Implications For Contemporary Law, David Vandrunen

Pepperdine Law Review

This Article interprets Matthew 5:17–48 and argues that, because Jesus came not to abolish but to fulfill the law and the prophets, the Old Testament law takes on a new form for New Testament Christians. The law of God has been refracted through the ministry of Christ. While Matthew 5 does not address contemporary human law directly, its teaching does have radical implications for it. These implications flow particularly from the fact that Matthew 5 marks a decisive shift from the Mosaic theocracy to the worldwide new-covenant church that has no civil jurisdiction.

Divided By The Sermon On The Mount, David Skeel

Pepperdine Law Review

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics of the early …

Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.

Pepperdine Law Review

Interpreters determine the meaning of language. To interpret literary and biblical texts, scholars have developed detailed rules, methods, and theories of human understanding. This branch of knowledge, “hermeneutics,” features three basic approaches. First, “textualists” treat words as directly conveying their ordinary meaning to a competent reader today. Second, “contextualists” maintain that verbal meaning depends on generally shared linguistic conventions in the particular historical and cultural environment of the author—and that therefore translations or commentaries are necessary to make the writing intelligible to a modern reader. Third, “hermeneutic circle” scholars argue that texts have no objective meaning. Rather, a person’s subjective …

The Metaphorical Bridge Between Law And Religion, John Witte Jr.

Pepperdine Law Review

This Article explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the Article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the Article explores the ample use of …

The Dutch Effect: Kuyper And Neo-Calvinism In Professor Cochran's Scholarship, David S. Caudill

Pepperdine Law Review

One of the obvious influences on Bob Cochran’s scholarship is the Dutch Calvinist tradition, especially as represented in the writings by or about Abraham Kuyper (1837–1920). Even though Cochran was neither Dutch nor a member of a Reformed church, Cochran found inspiration and compelling insights (with respect to legal processes and institutions) in the Dutch Calvinist tradition. This interest reflected Cochran’s generous ecumenism and his well-known respect for religious diversity. Three prominent conceptions—the trilogy of sphere sovereignty, antithesis, and common grace—provide a guide to Cochran’s recourse to Kuyper and Calvinism in his scholarly writing. Following a brief explanation of the …

Celebrating Robert Cochran And The Future Of "Embodied" Christian Legal Scholarship, Barbara Armacost

Pepperdine Law Review

The occasion for this Article is a festschrift for Professor Robert (“Bob”) Cochran. I celebrate Bob’s significant scholarly contributions to the maturing of Christian Legal Scholarship. He applied a Christian perspective to legal issues, hosted conferences, mentored Christian Legal Scholars, and edited books of essays featuring Christian perspectives on law. Bob’s work in this area had a huge influence on the flourishing of Christian Legal Scholarship. This Article considers the future of Christian Legal Scholarship. It enters an ongoing conversation (disagreement) between law Professors David Skeel and David Caudill. In a 2008 article, Skeel defined Christian Legal Scholarship so narrowly …

Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge

Pepperdine Law Review

This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put it, one might …

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Pepperdine Law Review

Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.

Abraham Lincoln And The Cardinal Virtue Of Practical Reason, Brett G. Scharffs

Pepperdine Law Review

Practical wisdom is an elusive concept. This Article focuses on a case in which Abraham Lincoln, prior to his election as President, participated (or more accurately did not participate) to frame a discussion of what practical wisdom means and how it makes a difference for lawyers.

The Practice Of Law As Christian Discipleship, Nathan S. Chapman

Pepperdine Law Review

“Can the ordinary practice of law be a religious calling?” In a number of scholarly books and articles, as a teacher, and as a mentor, Robert Cochran has answered this question with a resounding “yes.” This Essay, part of a festschrift published in Bob’s honor by the Pepperdine Law Review, engages with his work to propose a framework of Christian ethics for reconceiving the practice of law as a form of Christian discipleship. It argues that Christians should understand the practice of law as participation in government-as-judgment, participation that is always fraught with the risks of deceit, injustice, and abuse …