Academic Writing

Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study

Author(s): 
Scott Shackelford
Publication Date: 
January 12, 2016
Publication Type: 
Academic Writing

Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to the private sector, as well as how these obligations should be translated into policy.

The Building Blocks of Hybrid Justice

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

The commission of mass atrocities — genocide, crimes against humanity, and war crimes — inevitably generates clarion calls for accountability from a range of international actors, including civil society organizations, governments, and United Nations bodies. These demands often center on an appeal that the situation be taken up by the International Criminal Court (ICC) via a Security Council referral or action by the Prosecutor herself. Although the ICC is now fully operational, its jurisdiction remains incomplete and its resources limited.

The Many Faces of Complicity in International Law

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing
This paper captures remarks made at the 2015 Annual Meeting of the American Society of International Law on a panel devoted to exploring the scope of complicity under international law. My focus is on the evolving international criminal law doctrine as manifested in a line of cases emerging from the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone. In particular, the paper notes the emergence, and then rejection, of "specific direction" as an element of complicity.
 

Crimes Against Humanity: Repairing Title 18's Blind Spots

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

This is a contribution to a feshrift devoted to Professor William Schabas. It takes as its starting point President Obama's atrocities prevention and response initiative, a key product of which has been a concerted inter-agency effort to improve the United States' ability to prosecute atrocity crimes by closing gaps in our penal and immigration codes and preventing this country from serving as a safe haven for abusers.

A History of Aesthetics from Homer to Digital Mash-ups: Cumulative Creativity and the Demise of Copyright Exclusivity

Author(s): 
Giancarlo Frosio
Publication Date: 
October 28, 2015
Publication Type: 
Academic Writing

Under a regime of limited economic incentive for creativity and confined commodification of information, humanity produced the greatest portion of human knowledge. To mention some, the Bible, the Qur'an, the Mahābhārata, the Iliad and Odyssey, the Aeneid, the Scandinavian Sagas, the German Lay of the Nibelungs, the Celtic legends of Arthur, the Romances and Chanson De Geste all came to life well before strong economic rights were attached to creativity.

Users' Patronage: The Return of the Gift in the "Crowd Society"

Author(s): 
Giancarlo Frosio
Publication Date: 
September 10, 2015
Publication Type: 
Academic Writing
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift.

Privacy and Markets: A Love Story

Author(s): 
Ryan Calo
Publication Date: 
August 6, 2015
Publication Type: 
Academic Writing

Abstract:      

Law and economics tends to be skeptical of privacy, finding privacy overrated, inefficient, and perhaps even immoral. Law should not protect privacy because privacy inhibits the market by allowing people to hide useful information. 

Privacy law scholars tend to be skeptical of markets. Markets “unravel” privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.

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