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Full-Text Articles in Law

From The Acting Editor In Chief, Conrad C. Crane Mar 2023

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Spring 2023 issue of Parameters. This issue consists of an In Focus special commentary and the SRAD Director’s Corner focused on Afghanistan, three forums, and two Reviews and Replies.


Self-Intervention, Lumen N. Mulligan Jan 2023

Self-Intervention, Lumen N. Mulligan

Faculty Works

You cannot intervene in your own case, duh! Yet the United States Supreme Court granted certiorari on just this issue: Does Federal Rule of Civil Procedure 24(a)(2) allow state legislative leaders, seeking to represent the state’s sovereign interest, intervene when the attorney general is already representing the state’s sovereign interest. In this article, I contend that the text, history, and practice of Rule 24(a)(2) prohibits such “self-intervention.” I then explore how the fictive approach to state immunity established in Ex parte Young causes this confusion, while concluding that the doctrine, properly understood, focuses on real, not nominal, parties-in-interest. Next, I …


Self-Intervention, Lumen N. Mulligan Jan 2023

Self-Intervention, Lumen N. Mulligan

University of Colorado Law Review

You cannot intervene in your own case, duh! Yet the U.S. Supreme Court disagreed, holding that Federal Rule of Civil Procedure 24(a)(2) allows state legislative leaders, seeking to represent the state's sovereign interest, to intervene when the attorney general is already representing the state's sovereign interest. In this Article, I contend that the text, history, and practice of Rule 24(a)(2) prohibit such "self-intervention." I then explore how the fictive approach to state immunity established in Ex parte Young causes this confusion, while concluding that the doctrine, properly understood, focuses on real, not nominal, parties in interest. I further conclude that …


Evaluation Of Risk Perception Of Smoking After The Implementation Of California’S Tobacco 21 Law, Joanna K. Sax, Neal Doran Jan 2022

Evaluation Of Risk Perception Of Smoking After The Implementation Of California’S Tobacco 21 Law, Joanna K. Sax, Neal Doran

Faculty Scholarship

Decreasing smoking initiation remains a public health priority. In 2016, California, in the United States, enacted the Tobacco 21 law, which raised the minimum age for the purchase of tobacco products from age 18 to age 21. This paper evaluates whether the enactment and implementation of the Tobacco 21 law changed how young adults perceive the risk(s) of smoking. Data were drawn from a cohort of emerging adults (n = 575) in California who were non-daily smokers at enrollment and followed quarterly for 3 years. Data were collected during 2015–2019. Piecewise multilevel regression models were used to test for changes …


Testing The Efficacy Of Leadership For Empowerment And Abuse Prevention (Leap), A Healthy Relationship Training Intervention For People With Intellectual Disability, Parthenia Dinora, Seb Prohn, Elizabeth P. Cramer, Molly Dellinger-Wray, Caitlin Mayton, Allison D'Aguiliar Oct 2021

Testing The Efficacy Of Leadership For Empowerment And Abuse Prevention (Leap), A Healthy Relationship Training Intervention For People With Intellectual Disability, Parthenia Dinora, Seb Prohn, Elizabeth P. Cramer, Molly Dellinger-Wray, Caitlin Mayton, Allison D'Aguiliar

Developmental Disabilities Network Journal

Leadership for Empowerment and Abuse Prevention (LEAP) is an abuse prevention intervention for people with intellectual disability. The purpose of this research was to evaluate the intervention’s efficacy. Findings indicated no significant differences in scenario identification questions depicting acceptable or concerning situations. However, statistically significant improvements were noted in participants’ depth of understanding, including their ability to correctly describe why a scenario was abusive or exploitative and what to do next when confronted with unhealthy situations. Limitations and implications for practice are discussed.


Foreign Cyber Interference In Elections, Michael N. Schmitt Mar 2021

Foreign Cyber Interference In Elections, Michael N. Schmitt

International Law Studies

In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria, Estonia, France, Germany, Hungary, …


The Extent Of Constitutional Protection For Public Utilities, Sam Dallah Feb 2021

The Extent Of Constitutional Protection For Public Utilities, Sam Dallah

UAEU Law Journal

Regardless of the role of the State and the extent of its intervention, the public utilities, in its organic dimension connected with the public authority concept and the objective dimension connected with the concept of public activity, is considered one of the main tools by which the state exercises its sovereign functions and interventions.

Given the changes that have occurred in the role of the State, which led either to more intervention or more of its withdrawal from some sectors, and the subsequent crisis in the concept of public utilities, in addition to the emergence of mandate exercises or privatization …


Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf Jan 2021

Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf

International Law Studies

The speech given by the Israeli Deputy Attorney General (International Law) at the Naval War College’s event on “Disruptive Technologies and International Law” sets out, for the first time, Israel’s position on the application of international law to cyber operations. Consistent with the position taken by the vast majority of States thus far, Israel considers that international law applies to such operations. The speech stresses that questions pertaining to the identification and application of relevant legal rules remain, given the profound differences between the cyber domain and traditional domains of warfare—land, sea, and air. Therefore, in Israel’s view, a cautious …


Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson Jan 2021

Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson

International Law Studies

Facing hostile cyber operations, States are crafting responsive strategies, tactics and rules of engagement. One of the major challenges in doing so is that key aspects of the international law governing cyber responses are vague, unsettled or complex. Not surprisingly, therefore, international law is markedly absent from strategies and operational concepts. Rather, they tend to take on a practical “tit-for-tat” feel as policymakers logically view “in-kind” responses as “fair play.” For them, responding in-kind surely must be lawful notwithstanding any challenges in discerning the precise legal character of the initial hostile cyber operation.

Testing that sense, this article examines the …


Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention, Michael N. Schmitt Nov 2020

Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention, Michael N. Schmitt

International Law Studies

This article explores the intersection of autonomous cyber capabilities and two primary rules of international law—the respect for the sovereignty of other States and the prohibition on coercive intervention into another State's internal or external affairs. Of all the rules of international law, these are the likeliest to be violated through employment of cyber capabilities, whether autonomous or not. This raises the question of whether a cyber operation that involves autonomous capabilities presents unique issues with respect to the application of the two rules. The article concludes that while there are numerous unsettled issues surrounding their application to cyber operations, …


Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett May 2020

Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett

Georgia Journal of International & Comparative Law

No abstract provided.


The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria Jan 2020

The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria

Touro Law Review

No abstract provided.


Discontinuance And Withdrawal: Article 62, Christine Chinkin May 2019

Discontinuance And Withdrawal: Article 62, Christine Chinkin

Book Chapters

Article 62 provides the major procedural device by which the interests of States not party to proceedings before the ICJ are protected by the Court. The procedure is termed intervention. Intervention: is based, inter alia, on the need for the avoidance of repetitive litigation as well as the need for harmony of principle, for a multiplicity of cases involving the same subject-matter could result in contradictory determinations which obscure rather than clarify the applicable law.


Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith Jan 2019

Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith

Electronic Theses and Dissertations

What factors have led to successful outcomes in international peace operations conducted in Sub Saharan African countries? What factors explain mission failure? I proposed a basic theory of peace operations that linked conflict conditions to mandate design to the capability of an intervening force deployed for mission implementation developed from arguments and empirical results of previous research.

Data on 86 peace operations that occurred in 23 African states covering 33 separate conflict periods between 1990 and 2015 was analyzed. My main findings showed that mandates were derived from conflict assessments and determined the size of intervening force required. The results …


The Application Of The Specific Learning Disability Exclusionary Clause As Practiced By Virginia School Psychologists, Kaitlynn Carter May 2018

The Application Of The Specific Learning Disability Exclusionary Clause As Practiced By Virginia School Psychologists, Kaitlynn Carter

Educational Specialist, 2009-2019

When special education eligibility is being determined under Specific Learning Disability, the exclusionary clause needs to be carefully considered. The current study was concerned with the exclusions of cultural factors, environmental or economic disadvantage, and limited English proficiency. The study used a semi-structured interview to explore when and how the exclusionary clause is considered by school psychologists in Virginia and what type of impact it has on eligibility decisions. Ten school psychologists were contacted via the email database of the Virginia Department of Education and completed a phone interview. Grounded theory was used to investigate the themes and ideas regarding …


Crisis Intervention Team Training And The Protection Motivation Theory, Monique Allen, Greg Campbell Jan 2018

Crisis Intervention Team Training And The Protection Motivation Theory, Monique Allen, Greg Campbell

Journal of Sustainable Social Change

The problem addressed in this phenomenological study was the lack of documentation that supported the lived experiences of crisis intervention team (CIT)-trained police officers related to their field encounters with persons with mental illnesses. The purpose of the study was to explore the lived experiences of officers among CIT-trained police officers to address the problem. The protection motivation theory was aligned closest with the teachings of CIT training as described by the study participants’ lived experiences. Participants provided the study’s collected data, which was composed of completed questionnaires and transcribed interviews. The empirical theoretical framework method of analysis used was …


Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed Sep 2017

Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed

English Faculty Publications

No abstract provided.


The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman Jan 2017

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.


The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman Jan 2017

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.


Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik Dec 2016

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Contents Dec 2016

Contents

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of Force In Bloc Situations, Ross R. Oglesby Apr 2016

The Use Of Force In Bloc Situations, Ross R. Oglesby

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal Of International And Comparative Law Apr 2016

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith Mar 2016

Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith

Nevada Supreme Court Summaries

The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present an argument …


Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr. Jan 2016

Syria - Another Drawback For R2p?: An Analysis Of R2p'S Failure To Change International Law On Humanitarian Intervention, Muditha Halliyade Dr.

Indiana Journal of Law and Social Equality

No abstract provided.


Too Big To Fail: Explaining The Timing And Nature Of Intervention In The Australian Wool Market, 1916-1991, Simon Ville, David T. Merrett Jan 2016

Too Big To Fail: Explaining The Timing And Nature Of Intervention In The Australian Wool Market, 1916-1991, Simon Ville, David T. Merrett

Faculty of Law, Humanities and the Arts - Papers (Archive)

From the early twentieth century, many Australian farm products have had their prices set by some form of intervention, often administered by a statutory marketing board. Wool was different: intervention, other than war-related exigencies, came much later and in a different mechanism, a reserve price scheme (hereafter RPS). The RPS that operated from 1970 until its collapse in 1991 has been roundly criticised. Four key elements explain the belated emergence and particular form of price controls: the specific characteristics of wool - its importance to the economy, its export orientation, and its non-perishability; the shifting locus of economic and political …


A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney Jul 2015

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney

Susan S. Fortney

This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …


Trending@Rwu Law: Professor Bruce Kogan's Post: Why Mediation?, Bruce Kogan Jul 2015

Trending@Rwu Law: Professor Bruce Kogan's Post: Why Mediation?, Bruce Kogan

Law School Blogs

No abstract provided.


International Law And The Use Of Force: Cases And Materials, Mary Ellen O'Connell Jun 2015

International Law And The Use Of Force: Cases And Materials, Mary Ellen O'Connell

Mary Ellen O'Connell

This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, …


State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley May 2015

State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley

Georgia Journal of International & Comparative Law

No abstract provided.