Navigational Freedom: The Most Critical Common Heritage,
2017
University of Virginia School of Law
Navigational Freedom: The Most Critical Common Heritage, John Norton Moore
International Law Studies
This keynote address was delivered at the Freedom of Navigation and the Law of the Sea workshop hosted by the Stockton Center for the Study of International Law at the U.S. Naval War College on May 17, 2017.
Civil Rules Interpretive Theory,
2017
University of Missouri - Kansas City, School of Law
Civil Rules Interpretive Theory, Lumen N. Mulligan, Glen Staszewski
Faculty Works
We claim that the proper method of interpreting the Federal Rules of Civil Procedure — civil rules interpretive theory — should be recognized as a distinct field of scholarly inquiry and judicial practice. Fundamentally, the Rules are not statutes. Yet the theories of statutory interpretation that are typically imported into Rules cases by the courts rely upon a principle of legislative supremacy that is inapplicable in this context. That said, we recognize the Rules as authoritative law that is generally amenable to a form of jurisprudential purposivism. Working from this newly elucidated normative foundation, we reject the Rules-as-statutes interpretive approach …
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy,
2017
Liberty University
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges,
2017
University of Richmond School of Law
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Jurisdiction, Privacy, And Ownership: Dna Technology And Field Dynamics In Conflict-Related Mass Fatalities,
2017
Independent Researcher
Jurisdiction, Privacy, And Ownership: Dna Technology And Field Dynamics In Conflict-Related Mass Fatalities, Stefan Schmitt, Dallas Mazoori
Genocide Studies and Prevention: An International Journal
This article explores the dynamics and challenges of undertaking human identifications in states experiencing armed conflict or emerging therefrom. It emphasises the integral role of the State in human identifications and the need for the legal acts of the State in identifying an individual and confirming their death to be integrated into any humanitarian response to repatriating the dead. Conflict-related mass fatalities occur in uncontrolled circumstances, making DNA-based human identifications necessary. In states lacking the necessary forensic infrastructure, the promise of expedited human identifications through outsourcing DNA work can lead to the State abdicating the necessary jurisdiction and scientific transparency …
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists,
2017
Penn State Dickinson Law
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States,
2017
Penn State Dickinson Law
Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Legal Status Of Drones Under Loac And International Law,
2017
Penn State Dickinson Law
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Innocent Combatant: Preserving Their Jus In Bello Protections,
2017
Penn State Dickinson Law
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions,
2017
Penn State Dickinson Law
Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
A Research Agenda To Improve Decision Making In Cyber Security Policy,
2017
Penn State Dickinson Law
A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace,
2017
Penn State Dickinson Law
The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Masthead,
2017
Penn State Dickinson Law
Masthead
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
War In The 21st Century And Collected Works,
2017
Penn State Dickinson Law
War In The 21st Century And Collected Works
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson,
2017
Montclair State University
Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams
Ralph Bunche Journal of Public Affairs
While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that …
Supervising Outsourcing: The Need For Better Design Of Blended Governance,
2017
University of Michigan Law School
Supervising Outsourcing: The Need For Better Design Of Blended Governance, Nina A. Mendelson
Book Chapters
We are long past the “vending machine”-style privatization of government functions – where the government contracts to buy a discrete product or service at a set price, whether aircraft components or landscaping. Government is increasingly enlisting, or collaborating with, private entities for functions long perceived as distinctly public. Private entities may make policy explicitly (through standards that agencies later adopt) or implicitly (through the third party verification of compliance with regulatory objectives). For example, the Department of Health and Human Services relies on the recommendations of an American Medical Association committee of specialist physicians to establish Medicare physician payments, while …
Twenty Reasons To Publish In Dignity,
2017
University of Rhode Island
Twenty Reasons To Publish In Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Affording Fundamental Rights,
2017
Georgetown University Law Center
Affording Fundamental Rights, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Mireille Hildebrandt’s Smart Technologies and the End(s) of Law (2015) raises questions for law that are best characterized as meta-institutional. This review essay considers the implications of Hildebrandt’s work for the conceptualization of fundamental rights. One consequence of the shift to a world in which smart digital technologies continually, immanently mediate and preempt our beliefs and choices is that legal discourses about fundamental rights are revealed to be incomplete along a dimension that we have simply failed to recognize. To remain effective in the digital age, rights discourse requires extension into the register of affordances.
Newsroom: Law Scholarships For Syrian Refugees 01-26-2017,
2017
National Law Journal
Newsroom: Law Scholarships For Syrian Refugees 01-26-2017, Karen Sloan, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Democracy, Law, Compliance,
2017
University of Michigan Law School
Democracy, Law, Compliance, Don Herzog
Articles
Professors Schauer and McAdams both seek a more or less sweepingly general theory of why we obey the law. But we should split, not lump. There are different reasons different actors in different social settings obey different laws–not only, but not least, out of regard for democratic decision making.
