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Richard N. Gardner: Memories
Get PDFRichard Gardner and I were colleagues for almost sixty years. The law faculty elevated us to its tenured ranks at the same meeting in 1959. We helped restore order after Columbia’s 1968 turmoil, he as a member of a disciplinary tribunal, I as chairman of the Executive Committee of the Faculty. We served under eight deans together; heactually served under a ninth: me
Introduction to the Symposium on Cyber Attribution
Get PDFThis symposium explores some of the legal issues surrounding the attribution of cyber conduct to states. Relative to states’ other activities, cyber conduct poses particularly thorny attribution challenges. States that engage in such conduct often use technology to obscure their identities or the full effects of their operations. The attribution challenges in turn raise difficult questions about how victim states should be allowed to respond — whether in kind, with other retorsions or countermeasures, with kinetic force, or by doing nothing at all. For example, how confident must a victim state be that it has correctly identified the source of the attack before responding? Should its degree of certainty depend on whether it believes that the cyberattack amounts to an “armed attack” under the jus ad bellum and thus triggers the right to use defensive force? And how much information, if any, must the victim state disclose about the attack or its author in order to justify a response
Cold War I, Post-Cold War, and Cold War II: The Overarching Contexts for Peacekeeping, Human Rights, and NATO
Get PDFPeacekeeping, human rights, and the North Atlantic Treaty Organization (NATO) have flourished in complementary contrast with each other. Their relationship has reflected the constraints and opportunities provided by three geopolitical eras since World War II. The first (the first Cold War) began in about 1948 and lasted until 1988; the second (the Post-Cold War Liberal Primacy) ran from 1989 to around 2012; finally, since 2012 the world has been threatened with the emergence of a second Cold War.
During the first geopolitical era, NATO was the centerpiece of the Western Cold War alliance. However, its importance declined when the Cold War waned. Thereafter, during the Post-Cold War liberal primacy, human rights and peacekeeping flourished. In our current geopolitical era, both human rights and peacekeeping are under stress, yet it is not clear that these new forces are strengthening NATO
Flushed and Forgotten: Sanitation and Wastewater in Rural Communities in the United States
Get PDFThis report seeks to bring attention to the unique plight of rural U.S. communities struggling to secure basic sanitation and wastewater. The problem of inadequate and unaffordable water services has received increasing coverage in recent years, and the focus here is on bringing attention to less well-known structural challenges that impede access to sanitation, and the unique ways they impact rural residents
Mitigating the Impact of School Mobility: An Effective Practices Model and Guide for Educators
Get PDFOn any given day, there are more than 700,000 military-connected students enrolled in U.S. public schools. Many of these students have recently transferred schools and can anticipate additional moves during their K-12 school career because frequent moves are a fact of life for most children who have a parent in the military. They change schools about three times more often than civilian children – and by the time they finish high school, it is common for them to have experienced 6-9 non-promotional school changes. Other highly mobile students – children of migrant workers, those experiencing homelessness or other unstable family structures or circumstances, and refugees, for instance – also experience frequent and destabilizing school transitions.
Although the full effects of school mobility on students are not well understood, there is little question that mobility can significantly hamper students’ academic and socioemotional development. Professionals who work with highly mobile students have witnessed and documented a cascade of effects from frequent moves, though data on the types, causes and frequency of these effects are lacking – in part because the students are hard to track; they’re too mobile. There is an increasing awareness among researchers and educators that mobility, this hidden inequity, presents unique academic and social challenges
United States Response to Questionnaire Concerning \u3cem\u3eManaging Copyright\u3c/em\u3e
Get PDFALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980\u27s by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan
Early Childhood Development and the Replication of Poverty
Get PDFAntipoverty efforts must begin early because abundant evidence demonstrates that experiences during the first five years of life lay a foundation for future learning and the acquisition of skills. Public investments can help foster early childhood development, but these efforts must begin early and must involve both parents and children. This chapter describes the patterns of convergence and divergence in state approaches to supporting early childhood development. For the prenatal period until age three, the federal government is the primary source of funds, and there is fairly limited variation in how this money is spent across the states. For the period from age three until entrance to kindergarten, the federal government and states largely share the cost of supporting early childhood development, leading to significant differences among the states, particularly in access to preschool for three- and four-year-olds. This chapter explores these funding differences, emphasizing the political economy of state choices and noting that, perhaps surprisingly, some conservative-leaning states, not known for generous social welfare spending, are making a substantial effort to invest in early childhood education, especially for four-year-olds. The chapter closes with insights for both advocates and scholars
The Union of Law and Equity: The United States, 1800-1938
Get PDFDavid Dudley Field was the architect of the union – or fusion or merger – of equity and law in New York state, and the Field Code was widely adopted in other states. Field’s vision of the union of law and equity has prevailed in the United States, including at the federal level, at least in theory. However, the practise of law and acts of the courts indicate that the reality is rather different. Equity was not sundered by the Field Code or its federal counterpart, the Federal Code of Civil Procedure 1938. Equity continues to operate distinctly in various ways, even if it is less well understood now. Field’s own behaviour as an attorney was also ambivalent: where he maintained a strong posture against equity in theory, his practice as an attorney revealed his willingness to continue to recognise and rely on equity even under his Code
Is \u3cem\u3eKorematsu\u3c/em\u3e Good Law?
Get PDFIn Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essay argues that this claim is both empty and grotesque. It is empty because a decision to overrule a prior case is not meaningful unless it specifies which propositions the Court is disavowing. Korematsu stands for many propositions, not all of which are agreed upon, but the Hawaii Court underspecifies what it meant to overrule. The Court’s claim of overruling Korematsu is grotesque because its emptiness means to conceal its disturbing affinity with that case