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Articles 1 - 30 of 586
Full-Text Articles in Law
We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier
We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier
University of Massachusetts Law Review
States increasingly implement “social equity” programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to the industry’s fundamental confusion of the modern, individualized concept of “equity” with the historical, society-level concept of “social equity.” In this paper, I develop a new theory of “cannabis social equity” to integrate these concepts, and I apply that theory, first, to diagnose why current policies fall short and, second, to propose …
We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier
We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier
University of Massachusetts Law Review
Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to …
International Law Goes To War In Ukraine, Oona Hathaway
International Law Goes To War In Ukraine, Oona Hathaway
Emory International Law Review
No abstract provided.
Belief In War, Mary Ellen O'Connell
Belief In War, Mary Ellen O'Connell
Journal Articles
Introductory Statement
Belief in war dominates our world. From Ukraine to Sudan to America’s ‘war on terror’, extraordinary resources are poured into militaries and arms races. The explanation for why belief in war has become prominent in foreign and security policy in Russia, the United States., China, NATO states and many other places is linked to the influence of Realist political theory. Pope St. John XXIII’s encyclical Pacem in Terris argued for honoring the alternatives to Realism – international law and institutions. It is time for an encyclical that responds directly to Realism and teaches belief in the authentic natural …
War, Decisions, И Деньги: Analyzing Private Military Companies In American And Russian Contexts, Tara Harper
War, Decisions, И Деньги: Analyzing Private Military Companies In American And Russian Contexts, Tara Harper
University Honors Theses
Private Military Companies (PMCs) have become increasingly prevalent throughout the global security landscape. Their rise has led war - and the tools state's use to wage it - to become increasingly privatized with each state's varied approach to the evolving security landscape. Understanding and comparing the role of PMCs in such states as the U.S. and Russia allows for greater clarity regarding the industry as a whole, due to the structural differences in each state's approach to utilizing these companies. Regarding the Russian context, such companies as the Wagner Group have increasingly gained global attention due to how they are …
The Unethical Use Of Children In War, Mariana Davis
The Unethical Use Of Children In War, Mariana Davis
Helm's School of Government Conference - 2021-2024
This paper examines the role the nature of children has in the immorality of their use in warfare. The exploitation of children in war is a long, pervasive issue that is primarily documented in third-world countries with ongoing conflicts. This paper details the developments in the legality of the use of children in war. It expounds upon the current and historical use of child soldiers and the horrors that come with it. Evidence was taken from the consequences to the children and the nations that use them to demonstrate why this practice is unethical and immoral. This paper studies why …
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
University of Miami Law Review
Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …
Was The Colonial Cyberattack The First Act Of Cyberwar Against The U.S.? Finding The Threshold Of War For Ransomware Attacks, Liam P. Bradley
Was The Colonial Cyberattack The First Act Of Cyberwar Against The U.S.? Finding The Threshold Of War For Ransomware Attacks, Liam P. Bradley
St. John's Law Review
(Excerpt)
On May 7, 2021, “DarkSide,” a foreign hacker group, conducted a ransomware attack against the Colonial Pipeline (“Colonial”). That morning, Colonial discovered a “ransom note demanding cryptocurrency.” The attack forced the shutdown of the Colonial Pipeline, stopping the daily delivery of 2.5 million barrels (MMBbls) of “gasoline, jet fuel and diesel” to the East Coast. The shutdown created fuel shortages, impacted financial markets, and panicked the public. The resulting fuel shortages and economic impacts “triggered a comprehensive federal response” on May 11, 2021. On May 12, CEO Joseph Blount paid a ransom of nearly $5 million in bitcoin to …
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
American University National Security Law Brief
As the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms …
Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe
Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe
Walden Dissertations and Doctoral Studies
The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …
Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe
Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe
Walden Dissertations and Doctoral Studies
The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …
The Forgotten Sexual And Gender-Based Violence Of The Vietnam-American War: Is Justice Too Late For Vietnamese Victims And Survivors?, Madison P. Bingle
The Forgotten Sexual And Gender-Based Violence Of The Vietnam-American War: Is Justice Too Late For Vietnamese Victims And Survivors?, Madison P. Bingle
Human Rights Brief
“The past, far from disappearing or lying down and being quiet, has an embarrassing and persistent way of returning and haunting us unless it has in fact been dealt with adequately.” —Desmond Tutu
The Vietnam-American War ended nearly fifty years ago. However, the atrocities committed during the war have had a devasting impact on the lives of persons involved long after the conflicts’ end. A particularly marginalized group within survivors and victims of the Vietnam-American War is Vietnamese women who experienced sexual and gender-based violence. And given the specific tactics of warfare employed during this war, including the use of …
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Russia’s aggression against Ukraine dates back to its 2014 annexation of Ukraine’s southern peninsula, Crimea. It was Russia’s brazen full-scale invasion of Ukraine on February 24, 2022, however, that captured global attention and put the crime of aggression – the resort to war in violation of the UN Charter3 – in the spotlight.
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Fashion In The Times Of War: The Recent Exodus Of Luxury Brands From Russia And What It Means For Trademark Law, Irene Calboli, Vera Sevastianova
Faculty Scholarship
In February 2022, Russia infamously invaded Ukraine, starting an unprovoked war. As a result, many foreign companies left their Russia-based operations, including most luxury fashion houses. In these remarks, we elaborate on the possible issues that these companies may face regarding the enforcement of their IP rights in Russia, particularly trademark rights, following their departure resulting from the sanctions imposed by Western countries.
At the time of writing, perhaps the most pressing issue is whether luxury fashion houses risk losing their trademark rights in Russia due to their decision to suspend their operations, even though temporarily. An additional issue facing …
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Dissertations, Theses, and Capstone Projects
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since …
Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Should We Worry That The President Called Putin A “War Criminal” Out Loud?, Deborah Pearlstein
Should We Worry That The President Called Putin A “War Criminal” Out Loud?, Deborah Pearlstein
Faculty Online Publications
Commenting on the increasingly horrific images that have emerged from Bucha this week revealing the staggering brutality of Russian violence against civilians in Ukraine, President Joe Biden minced no words in his assessment of Vladmir Putin: “He is a war criminal,” the president said on Monday. The statement generated a significant new round of media attention, notwithstanding the reality that it was not exactly news. The U.S. State Department had issued a formal statement in March conveying its assessment “that members of Russia’s forces have committed war crimes in Ukraine,” and the president himself had called Putin a “war criminal” …
The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson
The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson
CMC Senior Theses
Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …
Russia, Ukraine, And The Future World Order, Ingrid (Wuerth) Brunk, Monica Hakimi
Russia, Ukraine, And The Future World Order, Ingrid (Wuerth) Brunk, Monica Hakimi
Faculty Scholarship
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most — if not the most — significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law, that however this war ends, it will reshape, in ways large and small, the world we …
What War Did To The Academy, What The Academy Did To War: A 20-Year Retrospective On The Effects Of The Post-9/11 Wars, Deborah Pearlstein
What War Did To The Academy, What The Academy Did To War: A 20-Year Retrospective On The Effects Of The Post-9/11 Wars, Deborah Pearlstein
Faculty Articles
The history of the legal academy’s impact on the way states fight wars is hardly one of unmixed glory. It was a law professor moonlighting for President Lincoln who authored “Instructions for the Government of Armies of the United States in the Field” during the Civil War, a code still recognized worldwide today for having laid critical groundwork for the modern law of war. It was likewise a law professor whose work came to serve as both theoretical and practical justification for the sweeping powers of the Nazi state. So it should perhaps be unsurprising that, two decades of engagement …
Blackwater Rising: The Legal Issues Raised By The Unprecedented Privatization Of U.S. Military Functions, Robert D. Peltz
Blackwater Rising: The Legal Issues Raised By The Unprecedented Privatization Of U.S. Military Functions, Robert D. Peltz
University of Miami Law Review
The Army has used civilian contractors to provide supplies and services to its forces in the field since the Revolutionary War. These early contractors fed the cavalry’s horses and transported supplies. Over the years, the role of the civilian contractor has dramatically evolved. Following the Vietnam War and the end of the draft, there has been an ever-increasing privatization of functions previously performed by the military.
The wars in Iraq and Afghanistan, which began in response to the September 11 attacks and have only recently started to come to a formal end, have significantly accelerated this process. As a result, …
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham
International Law Studies
This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.
Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …
Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa
Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa
The International Journal of Ethical Leadership Special Volumes
The Inamori International Center for Ethics and Excellence awards an annual prize for the best thesis in military ethics to promote active involvement in the study and application of military ethics, including: Just War Theory; the Conduct of War; the Law of Armed Conflict (LOAC); International Humanitarian Law (IHL); and other related fields that include the study of human rights issues in the context of armed conflict.
In an effort to foster global discussion of pressing issues in military ethics and improve the accessibility of the field in languages other than English, the Inamori Center publishes the winning theses, in …
Just War Traditions And Revisions, Joseph Chapa
Just War Traditions And Revisions, Joseph Chapa
The International Journal of Ethical Leadership Special Volumes
No abstract provided.
Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell
Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell
The International Journal of Ethical Leadership Special Volumes
No abstract provided.
Empathy And Jus In Bello, Kevin Cutright
Empathy And Jus In Bello, Kevin Cutright
The International Journal of Ethical Leadership Special Volumes
No abstract provided.
Climate-Induced Stressors To Peace: A Review Of Recent Literature, Ayyoob Sharifi, Dahlia Simangan, Chui Ying Lee, Rose Reyes, Tarek Katramiz, Jairus Carmela C. Josol, Leticia Dos Muchangos, Hassan Virji, Shinji Kaneko, Thea Kersti Tandog, Leorence Tandog, Moinul Islam
Climate-Induced Stressors To Peace: A Review Of Recent Literature, Ayyoob Sharifi, Dahlia Simangan, Chui Ying Lee, Rose Reyes, Tarek Katramiz, Jairus Carmela C. Josol, Leticia Dos Muchangos, Hassan Virji, Shinji Kaneko, Thea Kersti Tandog, Leorence Tandog, Moinul Islam
Environmental Science Faculty Publications
Climate change is increasingly recognized as a threat to global peace and security. This paper intends to provide a better understanding of the nature of interactions between climate change and events that undermine peace through a systematic review of recent literature. It highlights major methodological approaches adopted in the literature, elaborates on the geographic focus of the research at the nexus of climate change and peace, and provides further information on how various climatic stressors, such as extreme temperature, floods, sea-level rise, storms, and water stress may be linked to different events that undermine peace (e.g. civil conflict, crime, intercommunal …
Lisa Campbell, Lisa Campbell, Tsos
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.
Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman
Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya
Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya
Pace International Law Review
During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes were committed …