Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity,
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,
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,
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,
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,
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,
2015
Duke Law School
The Search For Justice In A War-Filled World: Implementing The Just-War Theory,
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.,
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,
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,
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.,
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.,
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.,
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.,
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.,
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.,
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.,
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.,
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.,
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.,
2015
St. Mary's University
How Mccullen Affects San Antonio's Anti-Panhandling Ordinance., Christopher M. Childree
St. Mary's Law Journal
Abstract Forthcoming.
