The Double Irish Sandwich: Reforming Overseas Tax Havens.,
2012
St. Mary's University
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries.,
2012
St. Mary's University
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act.,
2012
St. Mary's University
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid
St. Mary's Law Journal
The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …
The War On Terror: Where We Are And How We Got There,
2012
New York Law School
The War On Terror: Where We Are And How We Got There, Michael B. Mukasey
NYLS Law Review
No abstract provided.
The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World,
2012
The Ohio State University Moritz College of Law
The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane
NYLS Law Review
No abstract provided.
Secrecy And Self-Governance,
2012
The University of Chicago
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era,
2012
Yale Law School
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
NYLS Law Review
No abstract provided.
Judicial Foreign Relations Authority After 9/11,
2012
Fordham Law School
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
NYLS Law Review
No abstract provided.
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?,
2012
American University, Washington College of Law
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson
Contributions to Books
This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …
Cyber Security Without Cyber War,
2012
Notre Dame Law School
Cyber Security Without Cyber War, Mary Ellen O'Connell
Journal Articles
Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …
Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State,
2012
Indiana University Maurer School of Law
Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Due Process In American Military Tribunals After September 11, 2001,
2012
Touro Law Center
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Child Soldiers And Clicktivism: Justice, Myths, And Prevention,
2012
Washington and Lee University School of Law
Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl
Scholarly Articles
The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?
The Logic Of Terrorism,
2012
Barry University School of Law
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law,
2012
Barry University School of Law
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
Barry Law Review
No abstract provided.
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
No abstract provided.
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative.,
2012
St. Mary's University
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
St. Mary's Law Journal
This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight.,
2012
St. Mary's University
War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky
St. Mary's Law Journal
Abstract Forthcoming.
Rites Without Rights: A Tale Of Two Military Commissions,
2012
University of Connecticut School of Law
Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields,
2012
Vanderbilt University Law School
A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz
Vanderbilt Journal of Transnational Law
The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community's inconsistent response to human shields has placed shield users on an intermittent reinforcement schedule, thereby ensuring that this tactic remains part of insurgent strategy. Long-term protection of civilians requires eliminating this tactic. Principles of behavior science indicate that an effective way to do so is to uniformly remove its …
