KOB-TV interviews Kastenberg on the Stolen Valor Act

Professor Kastenberg discusses the likehood of a local teenager being tried for murder as an adult

Graph attribution through sub-graphs

We offer an alternative to the standard formalisation of attributed graphs. We propose to represent an attributed graph as a graph with a marked sub-graph, in which the sub-graph represents the data domain, rather than as a tuple of graph and algebra. This is a general construction which can be shown to preserve adhesiveness of categories; it has the advantage of uniformity and gives more flexibility in defining data abstractions. We show equivalence of our formalisation with the standard one, under a suitable encoding of algebras as graphs

Enforcing Internationally Recognized Human Rights Violations under the Alien Tort Claims Act: An Analysis of the Ninth Circuit’s Decision in Doe v. Unocal Corp.

[Excerpt] On September 18, 2002, the Ninth Circuit Court of Appeals ruled that a United States based corporation can be held civilly liable for “aiding and abetting” the internationally recognized human rights violation of forced labor. This case, Doe v. Unocal Corp.1 (Doe II), is significant for its ramifications to human rights litigation in United States courts as well as to future liability for multinational corporations conducting commerce in foreign states. The uniqueness of this case is found in its precedent. No prior federal court has held a corporation liable for human rights violations under the Alien Tort Claims Act. […] This article concerns the third category, in particular, an analysis of Doe II. This article analyzes Doe II under a multi-tiered rubric. The first tier involves analyzing whether the Ninth Circuit was correct in its jurisdictional interpretation. The second tier studies the extent to which the Ninth Circuit’s use of international law expanded previously accepted usage by United States courts. For example, after reading Doe II, a question arises as to whether the Ninth Circuit created a “complete” universal jurisdiction for torts under the ATCA. The final tier, involves analyzing foreseen legal consequences. That is, does Doe II expand causes of action for foreign human rights violations because the decision reduces possible defenses to tort claims under the ATCA? Within this multi-dimensional rubric, Doe II must be understood from its beginnings. Section II discusses the history of Doe II, primarily through two prior district court decisions. However, in order to analyze Doe II, a meaningful background to the ATCA must be determined. Section III of this paper provides this background. Particular attention is paid to the Filartiga decision and its progeny because Doe II relied, in large-part, on principles established in Filartiga. Section IV provides context for the suit, namely, the nature of human rights violations occurring in Myanmar where the plaintiffs allege the violations occurred. Section V analyzes the Ninth Circuit’s unique application of International Law. Section VI analyzes foreseeable consequences to defenses against ATCA suits. In particular, defenses under the act of state doctrine, dismissal under the indispensable parties rule, and forum non conveniens are addressed. This article concludes with the final assessment that while Doe II is rooted in fundamentally correct interpretations of the law, it both expands the parameters of corporate liability and it fundamentally alters the ability to defend against ATCA suits

KOB-4 interviews Josh Kastenberg: Mother wants answers after son found dead in New Mexico jail

In the court file, there’s no explanation of why he wasn’t simply let go. Legal experts say judges need to give that explanation. You have to explain, if you’re a judge, to the defendant why it is that you’re assessing them money, said former judge and UNM professor Joshua Kastenberg. Archuleta had a long record, and Kastenberg believes that’s a big factor in the judge setting bail. You want judges to be able to exercise their discretion, but without a ruling, we don’t know what this particular judge had in his or her thought processes, he said. He says the judge may have explained it in court

Specification and Construction of Control Flow Semantics

In this paper we propose a visual language CFSL for specifying control flow semantics of programming languages. We also present a translation from CFSL to graph production systems (GPS) for flow graph construction; that is, any CFSL specification, say for a language L, gives rise to a GPS that constructs from any L-program (represented as an abstract syntax graph) the corresponding flow graph. The specification language is rich enough to capture complex language constructs, including all of Java

Simulating Multigraph Transformations Using Simple Graphs

Application of graph transformations for software verification and model transformation is an emergent field of research. In particular, graph transformation approaches provide a natural way of modelling object oriented systems and semantics of object-oriented languages.\ud \ud There exist a number of tools for graph transformations that are often specialised in a particular kind of graphs and/or graph transformation approaches, depending on the desired application domain. The main drawback of this diversity is the lack of interoperability.\ud \ud In this paper we show how (typed) multigraph production systems can be translated into (typed) simple-graph production systems. The presented construction enables the use of multigraphs with DPO transformation approach in tools that only support simple graphs with SPO transformation approach, e.g. the GROOVE tool

KOB-TV interviews Kastenberg on a juvinelle tried for murder and the death penalty

Professor Kastenberg discusses using veteran status to get a job or falsely claiming to be a vet while panhandling is now punishable under the law

Non-Intervention and Neutrality in Cyberspace: An Emerging Principle in the National Practice of International Law

The enforcement of neutrality in cyberspace has not yet occurred, and there appears to be no policy for enforcement. This article suggests a rubric using existing laws for exerting executive authority. Section I of this article discusses the emergence of conflict in cyberspace. This article focuses on the executive branch\u27s authority to enforce neutrality in cyberspace. Section II provides a basic rubric of neutrality rules as applied to conflict in cyberspace. Section III analyzes the most recent cyberconflict, the Georgian-Russian War of 2008, and the potential consequences the United States risked because it lacked a cyber neutral position. Finally, the article concludes with an assessment of the need for a greater exertion of authority from the executive branch to police cyberspace

Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865

During the Civil War, the Union Army grew from a semi-professional force of 12,000 to a force of almost one million citizens. The unique disciplinary requirements for this citizen army were only one facet of the nation\u27s unique wartime needs. Lincoln believed, with credibility, that a dangerous enemy resided within the north, and the common civil laws were not strong enough to contain this enemy. To achieve a disciplined military and to defeat the internal enemy, Lincoln turned to Joseph Holt, nominating the former Secretary of War to the position of Judge Advocate General of the Army. A friend of Edwin Stanton, Holt not only oversaw a multitude of military trials, he also staffed his Judge Advocate General\u27s Department with ideologically anti-slavery men. These men, several of whom were educated at Harvard and Yale, in turn not only used the law to ensure a disciplined force, they also used the law to attempt to force a concept of colorblind legal equality on the southern states, so that a rebellion could never again occur. In essence, several of these men believed that the Constitution\u27s survival required racial equality. As a side product of their efforts, these men also contributed to the development of international law. A pre-war defender of slavery and Democrat, Holt evolved into a champion of equality as well, because he viewed secession as a greater evil. In waging a war through the law, the Judge Advocate General\u27s Department utilized the existing law to its maximum extent, and only rarely did its officers intentionally violate clear proscriptions against Civil Rights. The Judge Advocate General\u27s Department succeeded against Lincoln\u27s adversaries, but it was unable to defeat all enemies, or create a long-lasting racial equality in the South. This book addresses the actions of the Department during the nation\u27s worst conflict.https://digitalrepository.unm.edu/law_facbookdisplay/1054/thumbnail.jp