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6,314 full-text articles. Page 118 of 174.

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters 2015 Indiana University Maurer School of Law

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

Articles by Maurer Faculty

No abstract provided.


Airborne And Air Assault Operations, United States Army 2015 University of Nebraska - Lincoln

Airborne And Air Assault Operations, United States Army

United States Army: Field Manuals

Airborne and Air Assault Operations, United States Army Field Manual FM 3-99


Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check 2015 Cleveland State University

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.


Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson 2015 University of Michigan Law School

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations


A War For Liberty: On The Law Of Conscientious Objection, Jeremy K. Kessler 2015 Columbia Law School

A War For Liberty: On The Law Of Conscientious Objection, Jeremy K. Kessler

Faculty Scholarship

One common understanding of the Second World War is that it was a contest between liberty and tyranny. For many at the time – and for still more today – ‘liberty’ meant the rule of law: government constrained by principle, procedure, and most of all, individual rights. For those states that claimed to represent this rule-of-law tradition, total war presented enormous challenges, even outright contradictions. How would these states manage to square the governmental imperatives of military emergency with the legal protections and procedures essential to preserving the ancient ‘liberty of the subject’? This question could be and was asked …


Lawfare, Charles J. Dunlap Jr. 2015 Duke Law School

Lawfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Search For Justice In A War-Filled World: Implementing The Just-War Theory, Hannah Schaefer 2015 Augustana College - Rock Island

The Search For Justice In A War-Filled World: Implementing The Just-War Theory, Hannah Schaefer

Augustana Center for the Study of Ethics Essay Contest

This paper is about addressing conflict using ethical methods. Strategies that are highlighted include nonviolent protests and behaviors before, during, and after engaging in a war with the end goal being justice and peace.


A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch 2015 St. Mary's University

A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch

St. Mary's Law Journal

Abstract Forthcoming.


Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards 2015 Loyola Marymount University and Loyola Law School

Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards

Loyola of Los Angeles Law Review

No abstract provided.


Innovation Worth Sharing: Seeking Balance Between Innovation Policy And National Security, Alexandra H. Katich 2015 Benjamin N. Cardozo School of Law

Innovation Worth Sharing: Seeking Balance Between Innovation Policy And National Security, Alexandra H. Katich

Cardozo Journal of International and Comparative Law

The note examines the tension between promoting innovation and safeguarding national security, focusing on the Invention Secrecy Act of 1951. It argues that while the Act is designed to protect sensitive inventions, extending its secrecy powers to economically significant patents would be counterproductive, unconstitutional, and harmful to U.S. competitiveness. The analysis highlights the challenges of balancing economic security, intellectual property rights, and the constitutional mandate to promote scientific progress.


Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson 2015 St. Mary's University

Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson

St. Mary's Law Journal

Observing live court testimony allows a jury to determine witness credibility. This is called demeanor evidence. Allowing the introduction of transcripts of prior testimony by a witness offends a defendant's right to confrontation guaranteed by the Sixth Amendment of the United States Constitution. Loss of demeanor evidence can heighten sensitivity surrounding the constitutional demands of unavailability and an opportunity for cross-examination. But the loss of this evidence is discounted when dealing with the admissibility of prior testimony as long as a defendant was formerly afforded an opportunity to cross-examine. Demeanor evidence, however, is still treated as a non-essential component of …


Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold 2015 St. Mary's University

Sovereign Immunity: The Texas Department Of Transportation's Duty To Maintain Roadways Ravaged By The Eagle Ford Shale Boom., Lasca A. Arnold

St. Mary's Law Journal

While the shale boom has brought about many positive results such as economic growth and new jobs to the Eagle Ford Shale region, the ravaged roadways left in the aftermath must be addressed. The demands for equipment and manpower created by oil and gas exploration are extensive. Sadly, the Texas Department of Transportation (TxDOT)—the entity charged with maintaining and repairing roads in these affected counties—refuses to supply sufficient funding to repair the over used roadways. This pressure is exerted in rural areas where most of the roads and bridges are designed for lower volumes of traffic. In addition to the …


An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction., Hannah L. Hembree 2015 St. Mary's University

An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction., Hannah L. Hembree

St. Mary's Law Journal

Taking advantage of the perfect storm created by an increased demand for professional services and a shortage of qualified candidates, recruiting firms search for permanent employees on behalf of employers across the nation. These searches are often characterized by non-exclusive contingency agreements wherein a recruiting firm’s entitlement to remuneration is directly tied to successful placement—ranging from 15% to 30% of a candidate’s first year salary. Though communication from interested applicants constitutes the easiest path to placement, passive candidates are quickly becoming the primary target of zealous recruiters. Passive candidates are those currently employed but open to the possibility of changing …


The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr. 2015 St. Mary's University

The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.

St. Mary's Law Journal

Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …


Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi., Tapas Agarwal 2015 St. Mary's University

Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi., Tapas Agarwal

St. Mary's Law Journal

Abstract Forthcoming.


Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey 2015 St. Mary's University

Defining A Health Care Liability Claim In The Post-Texas West Oaks Era., William Woolsey

St. Mary's Law Journal

Following the Texas Supreme Court’s rulings in West Oaks Hospital v. Williams and Ross v. St. Luke’s Episcopal Hospital, it remains unclear whether a non-patient’s injury in a hospital constitutes a health care liability claim (HCLC). If the trial court rules the claim is an HCLC, the plaintiff must present expert testimony. Failure to present an expert report within 120 days after filing the suit results in automatic dismissal. The Texas Supreme Court addressed this issue in West Oaks. The Court held that a claimant, suing a hospital under a theory of premise liability, need not be a patient for …


Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez 2015 St. Mary's University

Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.


Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau 2015 St. Mary's University

Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau

St. Mary's Law Journal

Abstract Forthcoming.


Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett 2015 St. Mary's University

Revenge Pornography: Exploring Tortious Remedies In Texas., Kevin B. Bennett

St. Mary's Law Journal

Abstract Forthcoming.


How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree 2015 St. Mary's University

How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree

St. Mary's Law Journal

Abstract Forthcoming.


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