Law Commons^™

A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park

Faculty Scholarship

Few matters prove as slippery as the allocation of tasks between judges and arbitrators in commercial disputes. A choice to arbitrate implicates waiver of access to otherwise competent courts in favor of adjudication which is both private and binding. Respect for this bargain means that judges should not normally disturb an arbitrator’s substantive conclusions.

Rethinking Radicalization, Randy Borum

Journal of Strategic Security

No abstract provided.

The Development Of British Defence Policy: Blair, Brown And Beyond. By David Brown, Ed. (Burlington, Vt: Ashgate Publishing Company, 2010), Edward M. Roche

Journal of Strategic Security

No abstract provided.

Radicalization And The Use Of Social Media, Robin L. Thompson

Journal of Strategic Security

The use of social media tools by individuals and organizations to radicalize individuals for political and social change has become increasingly popular as the Internet penetrates more of the world and mobile computing devices are more accessible. To establish a construct for radicalization,the power and reach of social media will be described so there is common understanding of what social media is and how it is utilized by various individuals and groups. The second section will answer the question of why social media applications are the perfect platform for the radical voice. Finally, the use of social media and its …

Radicalization Into Violent Extremism I: A Review Of Social Science Theories, Randy Borum

Journal of Strategic Security

In discourse about countering terrorism, the term "radicalization" is widely used, but remains poorly defined. To focus narrowly on ideological radicalization risks implying that radical beliefs are a proxy—or at least a necessary precursor—for terrorism, though we know this not to be true.Different pathways and mechanisms of terrorism involvement operate in different ways for different people at different points in time and perhaps in different contexts. This article explores the problems in defining radicalization and radicalism, and suggests that radicalization—and more specifically, involvement in terrorism—might best be viewed as a set of diverse processes. It goes on to review several …

Radicalization Into Violent Extremism Ii: A Review Of Conceptual Models And Empirical Research, Randy Borum

Journal of Strategic Security

Over the past decade, analysts have proposed several frameworks to explain the process of radicalization into violent extremism (RVE). These frameworks are based primarily on rational, conceptual models which are neither guided by theory nor derived from systematic research. This article reviews recent (post-9/11) conceptual models of the radicalization process and recent (post-9/11) empirical studies of RVE. It emphasizes the importance of distinguishing between ideological radicalization and terrorism involvement, though both issues deserve further empirical inquiry.Finally, it summarizes some recent RVE-related research efforts, identifies seven things that social science researchers and operational personnel still need to know about violent radicalization, …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Radical Islamism And Migrant Integration In Denmark: An Empirical Inquiry, Marco Goli, Shahamak Rezaei

Journal of Strategic Security

It has been suggested that alienation and failed integration may be causes of "Homegrown Radical Islamism" in Western societies. Western countries often expect that migrants and their descendants residing there as citizens will embrace or support common democratic ideals as a predicate for—or consequence of—their societal integration. Conventional wisdom suggests: "The more you associate yourself with the cherished and established goals and means, the more you will disassociate yourself from Radical Islamism," and vice versa. We believe that, quite surprisingly, an empirical test of this idea is lacking. Based on a nationally representative sample of 1,113 youth (ages 15–30) in …

Friction: How Radicalization Happens To Them And Us. By Clark Mccauley And Sophia Moskalenko (New York: Oxford University Press, 2011), Robin L. Thompson

Journal of Strategic Security

No abstract provided.

Four Lessons From The Study Of Fundamentalism And Psychology Of Religion, Sara Savage

Journal of Strategic Security

What lessons can the study of fundamentalism and the psychology of religion teach the newer field of Radicalization and Involvement in Violent Extremism (RIVE)? Four lessons and an intervention are offered in this article: (1) Religion is a robust human experience and cultural product that adopts a defensive shape when its worldview is threatened. (2) This does not mean that all "fundamentalisms" or radical versions of religion are somehow linked or perform similar functions; rather, they reflect the limited human repertoire to threat, yet within different cultural and historical contexts. (3) Causal explanations on the level of the individual are …

Gangs, Terrorism, And Radicalization, Scott Decker, David Pyrooz

Journal of Strategic Security

What can street gangs tell us about radicalization and extremist groups? At first glance, these two groups seem to push the boundaries of comparison. In this article, we examine the important similarities and differences across criminal, deviant, and extremist groups. Drawing from research on street gangs, this article explores issues such as levels of explanation,organizational structure, group process, and the increasingly important role of technology and the Internet in the context of radicalization. There are points of convergence across these groups, but it is important to understand the differences between these groups. This review finds little evidence to support the …

Falling From The Legislative Grace: The Acorn Defunding And The Proposed Restraint Of Congress' Appropriations Power Through The Bill Of Attainder Clause, Andrew Kim

American University Law Review

No abstract provided.

Throwing Out The Threshold: Analyzing The Severability Conundrum Under Rent-A-Center, West, Inc. V. Jackson, Meredith Goldich

American University Law Review

No abstract provided.

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

American University Law Review

Over the past few years, piracy has exploded off the coast of Somalia. The Somali pirates congregate on a mother ship and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons like AK-47’s and hand-propelled grenades, the Somali pirates then attack civilian ships carrying cargo through the Gulf of Aden, toward South Africa or Asia. Once they have overtaken the victim vessel, pirates typically hijack the vessel’s cargo and crewmembers. The former is often resold to willing buyers (some of which include terrorist organizations like Al Qaeda). The latter are taken to the Somali shore …

How A Narrow Application Of 'Hot News' Missapropriation Can Help Save Journalism, Brian Westley

American University Law Review

No abstract provided.

Untying Knotts: The Application Of Mosaic Theory To Gps Surveillance In United States V. Maynard, Bethany L. Dickman

American University Law Review

No abstract provided.

A Random Walk: The Federal Circuit's 2010 Government Contract Decisions, Steven L. Schooner

American University Law Review

No abstract provided.

2010 International Trade Law Decisions Of The Federal Circuit, Kevin J. Fandl

American University Law Review

No abstract provided.

Investment Recommendations And The Essence Of Duty, Onnig H. Dombalagian

American University Law Review

No abstract provided.

The New Laws And Regulations For Financial Conglomerates: Will They Better Manage The Risks Than The Previous Ones?, Elizabeth F. Brown

American University Law Review

No abstract provided.

Laudable Goals And Unintended Consequences: The Role And Control Of Fannie Mae And Freddie Mac, Andrea J. Boyack

American University Law Review

No abstract provided.

Vigilante Justice: Ensuring That Consumer Credit Plaintiffs Are Not Above The Law In Collins Financial Services V. Vigilante, Eric Y. Wu

American University Law Review

No abstract provided.

Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum

American University Law Review

No abstract provided.

The Freedom Of Information Act Trial, Margaret B. Kwoka

American University Law Review

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts’ preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1% of FOIA cases. It further examines how conducting FOIA trials in …

Justice Through Pragmatism And Process: A Tribute To Judge Denny Chin, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Malaysian Legal System: A Tale Of Two Courts, Yvonne Tew

Georgetown Law Faculty Publications and Other Works

The Federal Constitution of Malaysia was crafted during the birth pangs of the nation in 1957 and provides the framework for Malaysia’s modern legal system. The Federation of Malaya emerged from British colonialism to achieve independence on 31 August 1957 and was joined six years later by the Borneo states – Sabah and Sarawak – and Singapore to form the new nation of Malaysia. Singapore left Malaysia in 1965 to become its own sovereign nation, and the current Federation of Malaysia comprises the Peninsula, Sabah, and Sarawak. Malaysia was born in a climate of multicultural compromise as a constitutional monarchy …

The Behavioral Economics Of Mergers And Acquisitions, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The world of mergers and acquisitions seems like a setting in which rationality necessarily dominates. There are high stakes, focused and sustained attention, and expert advisers who are repeat players. In the economics and management literature, however, there has been a great deal of research on what might be called “behavioral M&A”—using insights from psychology to explain observed patterns of behavior in the acquisitions marketplace. To date, the law has largely been uninterested in the psychological dynamics of corporate acquisitions. This essay looks at recent research on such issues as the role of overconfidence, hubris, anchoring, etc. in explaining buy-side …

Top 10 Law School Home Pages Of 2010, Roger Skalbeck, Jason Eiseman

Georgetown Law Faculty Publications and Other Works

This ranking report attempts to identify the best law school home pages based exclusively on objective criteria. The goal is to assess elements that make websites easier to use for sighted as well as visually-impaired users. Most elements require no special design skills, sophisticated technology or significant expenses.

Ranking results in this report represent reasonably relevant elements. In this report, 200 ABA-accredited law school home pages are analyzed and ranked for twenty elements in three broad categories: Design Patterns & Metadata; Accessibility & Validation; and Marketing & Communications. As was the case in 2009, there is still no objective way …

Biosafety Concerns Involving Genetically Modified Mosquitoes To Combat Malaria And Dengue In Developing Countries, Graciela R. Ostera, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Malaria and dengue are the most prevalent mosquito-borne infections worldwide. Because traditional vector control methods have proven to be insufficient to control mosquito populations in endemic areas, scientists are actively working in the design of new strategies, such as genetically modified (GM) mosquitoes, to reduce disease transmission. The replacement of natural populations with GM mosquitoes is becoming a tangible possibility, however, many fear that the release of these organisms into the environment could constitute a significant risk to biodiversity and may cause the unintended spread of GM organisms across national borders.

The Cartagena Protocol on Biosafety, an international agreement originally …

Building A Collaborative Digital Collection: A Necessary Evolution In Libraries, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Law libraries are losing ground in the effort to preserve information in the digital age. In part, this is due declining budgets, user needs, and a caution born from the great responsibility libraries feel to ensure future access instead of selecting a form that may not survive. That caution, though, has caused others, such as Google, to fill the silence with their vision. Libraries must stand and contribute actively to the creation of digital collections if we expect a voice in future discussion. This article presents a vision of the start of a collaborative, digital academic law library, one that …