Agreements To Alter The Limitation Period Imposed By U.C.C. Section 2-725: Some Overlooked Complications., Gregory Crespi

St. Mary's Law Journal

Abstract Forthcoming.

Cueing Democracy: Replacing The Texas Election Code's Title Prohibition., Christopher M. Childree

St. Mary's Law Journal

Abstract Forthcoming.

Resolving Drug Manufacturer Liability For Generic Drug Warning Label Defects., Frank Scaglione

St. Mary's Law Journal

Although generic drugs are beneficial to consumers because they are offered as a more cost effective alternative to brand-name prescriptions, brand-name manufacturers are vulnerable to potential lawsuits because of generic drugs. Under the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act), generic manufacturers are able to quickly enter the market following the termination of a brand-name drug’s patent. As a result of the Hatch-Waxman Act, 75% of all drugs on the market are generic. The Hatch-Waxman Act, however, also requires generic drug manufacturers to duplicate the brand-name drug’s warning label. As an unintended consequence, injuries have …

Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price., Timothy Johnson

St. Mary's Law Journal

Abstract Forthcoming.

Employee Recourses To Manager-Revealed Private Health Information., Molly Thomson

St. Mary's Law Journal

Abstract Forthcoming.

Contested Spaces During Transition: Regime Change In Myanmar And Its Implications For Women, Amy Barrow

Cardozo Journal of Equal Rights & Social Justice

This article examines recent political and legal developments in Myanmar to promote and protect Buddhism and their implications for women. Myanmar is currently undergoing political regime change. While periods of transition often present an opportunity to contest stereotypical gender roles and discriminatory cultural practices, a rise in Buddhist ethno-nationalism risks undermining women's "spaces" in society. Drawing on qualitative research interviews with members of civil society and other actors in Yangon, this article discusses the accelerated development of laws on the protection of race and religion alongside the parallel development of Myanmar's first law specifically addressing violence against women, to explore …

Combating Terrorism And Violent Extremism In Nigeria: Defining A New Approach To Winning Modern Jihadist Conflict, Steven E. Hendrix

The International Lawyer

No abstract provided.

Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich

Articles

No abstract provided.

Defining And Punishing Offenses Under Treaties, Sarah H. Cleveland, William S. Dodge

Faculty Scholarship

One of the principal aims of the U.S. Constitution was to give the federal government authority to comply with its international legal commitments. The scope of Congress's constitutional authority to implement treaties has recently received particular attention. In Bond v. United States, the Court avoided the constitutional questions by construing a statute to respect federalism, but these questions are unlikely to go away. This Article contributes to the ongoing debate by identifying the Offenses Clause as an additional source of Congress's constitutional authority to implement certain treaty commitments. Past scholarship has assumed that the Article I power to "define …

A Tradition At War With Itself: A Reply To Professor Rana's Review Of America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay responds to Professor Aziz Rana's review essay, "The Many American Constitutions," 93 Texas Law Review 1193 (2015).

He contends: (1) my portrayal of American constitutionalism might contain a “hidden” teleological understanding of the development of constitutional law; (2) my notion of "conventional sovereignty" sometimes seems content-free and at other times "interlinked with liberal egalitarianism"; and (3) a focus on failed constitutions "inadvertently tends to compartmentalize the overall tradition."

I answer in the following ways: (1) I reject any sense that constitutional law has moved in an arc of steady progress toward Enlightenment and instead embrace a tradition of …

Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Effective Exercise Of ‘In-Space Jurisdiction’: The Us Approach And The Problems It Is Facing, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As mankind moves closer to the fiftieth anniversary of the conclusion of the Outer Space Treaty, the framework international treaty laying down the baseline regime for space activities, it may be considered a major achievement that the treaty, as well as some of its offspring—notably the Rescue Agreement, Liability Convention, and Registration Convention—seem to be as relevant as ever. This is a major feat in an international era of many fundamental changes in the geopolitical, economic, and social context.

Nevertheless, the increasing involvement of private entities in many fields of space activity beyond the (by now) more “traditional” ones of …

Arendt On The Crime Of Crimes, David Luban

Georgetown Law Faculty Publications and Other Works

Genocide–-the intentional destruction of groups “as such”–-is sometimes called the “crime of crimes,” but explaining what makes it the crime of crimes is no easy task. Why are groups important over and above the individuals who make them up? Hannah Arendt tried to explain the uniqueness of genocide, but the claim of this paper is that she failed. The claim is simple, but the reasons cut deep.

Genocide, in Arendt’s view, “is an attack upon human diversity as such.” So far so good; but it is hard to square with Arendt’s highly individualistic conception of human diversity, which in her …

Human Rights Thinking And The Laws Of War, David Luban

Georgetown Law Faculty Publications and Other Works

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.”

Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is …

War, Responsibility, And Killer Robots, Rebecca Crootof

Law Faculty Publications

In War and Responsibility, John Hart Ely argues that Congress has willingly and cravenly surrendered its rightful role as the branch responsible for determining when and the extent to which the United States engages in armed conflicts. Since the publication of this seminal work on the war power, presidents have continued to commit troops to hostilities absent or outside of explicit congressional authorizations-and the legislature and the judiciary rarely challenge such actions.

Meanwhile, the United States is investing heavily in unmanned military weapon systems, and the U.S. Department of Defense has described increasing weapons' autonomous capabilities as a "high priority." …

Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse

Animal Law Review

This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, mili­tary working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal stat­utes and military regulations that govern the Military Working Dog Pro­gram. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. mili­tary and deprives …

One Minute To Midnight: Amending The War Powers Resolution To Confront The Coming Cyber Wars, Benjamin L. Monarch

Kentucky Law Journal

No abstract provided.

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Journal Articles

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.

Game Of Drones, Mary Ellen O'Connell

Journal Articles

Reviewing three 2015 treatises on Drone War

A Theory of the Drone. By Grègoire Chamayou. Translated by Janet Lloyd. New York, London: The New Press, 2015. Pp. 292. Index. $26.95.

International Law and Drone Strikes in Pakistan: The Legal and Socio-political Aspects. By Sikander Ahmed Shah. London, New York: Routledge, 2015. Pp. viii, 247. Index. $145.

Sudden Justice: America's Secret Drone Wars. By Chris Woods. Oxford, New York: Oxford University Press, 2015. Pp. xvi, 386. Index. $27.95.

The Just War Tradition And International Law Against War: The Myth Of Discordant Doctrines, Mary Ellen O'Connell

Journal Articles

The international law regulating resort to armed force, still known by the Latin phrase, the jus ad bellum, forms a principal substantive subfield of international law, along with human rights law, international environmental law, and international economic law. Among theologians, philosophers, and political scientists, just war theory is a major topic of study. Nevertheless, only a minority of scholars and practitioners know both jus ad bellum and just war theory well. Lack of knowledge has led to the erroneous view that the two areas are in conflict. This article responds to this misapprehension, explaining the deep compatibility of international law …

Future War And The War Powers Resolution, Eric Talbot Jensen

Faculty Scholarship

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers …

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …

Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of The Security Council In World Affairs, Crispin Tickell

Georgia Journal of International & Comparative Law

No abstract provided.

The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Rotc News, Georgia Southern University, Rotc

ROTC News Online

Cadet Ranks Fourth in Nation

Rotc News, Georgia Southern University, Rotc

College of Science & Mathematics: News & Publications (2012-2022)

Cadet Ranks Fourth in Nation

Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege

The US Army War College Quarterly: Parameters

No abstract provided.

Index, Vol. 14, 2014, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.