19 research outputs found

    Truth in Advertising: Applying Commercial Speech Regulations to the Secondary Dissemination of Scientific Research Publications

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    (Excerpt) Part I of this Article examines the Lanham Act generally and the Act’s regulation of commercial speech. Part II reviews the interplay between the Lanham Act and the First Amendment protections afforded to scientific inquiry and scientific publication. It then examines the secondary dissemination of scientific findings, arguing that a third party’s dissemination of the scientific findings or a press release quoting those findings constitutes commercial speech that should be regulated by the Lanham Act. This Article explores how the recent ONY decision has the potential to chill Lanham Act litigation, and it argues that future decisions following ONY’s logic could foreclose Lanham Act litigation where the truth of scientific findings may be at issue. Lastly, this Article contends that future Lanham Act decisions should instead follow the logic of the Fifth Circuit’s Eastman decision, which properly keeps the secondary dissemination of scientific publications under the ambit of the Lanham Act

    Digital Terror Crimes

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    Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital terror crimes within the existing jurisprudence on terror at ad hoc international and hybrid criminal tribunals. Terror is an autonomous war crime within international criminal law, but all previous convictions for terror have occurred within the context of an underlying criminal act. Digital terror crimes are different: The underlying act of social media use is not necessarily a war crime outside the crime of terror. In addition to examining the ways that digital terror crimes can be committed during armed conflict, this article considers the various actors who could be implicated in the perpetration and distribution of digital terror

    Prosecuting Members of ISIS for Destruction of Cultural Property

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    This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of Islam and its use of looting historic monuments and the sale of antiquities to further itself financially. Following this primer, this Article examines the available avenues of accountability, the potential forums for prosecution (whether via domestic prosecution, an ad hoc international tribunal, or the International Criminal Court), and how each of those forums may be used to prosecute ISIS members for their destruction of culture

    Truth Commissions and the Limits of Restorative Justice: Lessons Learned in South Africa’s Cradock Four Case

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    Article published in the Michigan State International Law Review

    Kinetics of H2–O2–H2O redox equilibria and formation of metastable H2O2 under low temperature hydrothermal conditions

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    Author Posting. © The Author(s), 2010. This is the author's version of the work. It is posted here by permission of Elsevier B.V. for personal use, not for redistribution. The definitive version was published in Geochimica et Cosmochimica Acta 75 (2011): 1594-1607, doi:10.1016/j.gca.2010.12.020.Hydrothermal experiments were conducted to evaluate the kinetics of H2(aq) oxidation in the homogeneous H2-O2-H2O system at conditions reflecting subsurface/near-seafloor hydrothermal environments (55-250 oC and 242-497 bar). The kinetics of the water-forming reaction that controls the fundamental equilibrium between dissolved H2(aq) and O2(aq), are expected to impose significant constraints on the redox gradients that develop when mixing occurs between oxygenated seawater and high- temperature anoxic vent fluid at near-seafloor conditions. Experimental data indicate that, indeed, the kinetics of H2(aq)-O2(aq) equilibrium become slower with decreasing temperature, allowing excess H2(aq) to remain in solution. Sluggish reaction rates of H2(aq) oxidation suggest that active microbial populations in near-seafloor and subsurface environments could potentially utilize both H2(aq) and O2(aq), even at temperatures lower than 40 oC due to H2(aq) persistence in the seawater/vent fluid mixtures. For these H2-O2 disequilibrium conditions, redox gradients along the seawater/hydrothermal fluid mixing interface are not sharp and microbially-mediated H2(aq) oxidation coupled with a lack of other electron acceptors (e.g. nitrate) could provide an important energy source available at low-temperature diffuse flow vent sites. More importantly, when H2(aq)-O2(aq) disequilibrium conditions apply, formation of metastable hydrogen peroxide is observed. The yield of H2O2(aq) synthesis appears to be enhanced under conditions of elevated H2(aq)/O2(aq) molar ratios that correspond to abundant H2(aq) concentrations. Formation of metastable H2O2 is expected to affect the distribution of dissolved organic carbon (DOC) owing to the existence of an additional strong oxidizing agent. Oxidation of magnetite and/or Fe++ by hydrogen peroxide could also induce formation of metastable hydroxyl radicals (•OH) through Fenton-type reactions, further broadening the implications of hydrogen peroxide in hydrothermal environments.This research was conducted with partial support from the NSF OCE-0752221 and the Geophysical Laboratory Postdoctoral Fellowship. We would also like to acknowledge contributions by the W.M. Keck Foundation and Shell towards supporting the hydrothermal lab at the Geophysical Lab. SMS acknowledges support from NSF OCE-0452333 and the Alfried-Krupp Wissenschaftskolleg Greifswald (Germany), while WES acknowledges support from NSF grants OCE-0549457 and OCE- 0813861

    Prosecuting Members of ISIS for Destruction of Cultural Property

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    This Article examines the potential for war-crime charges against members of ISIS for “culture crimes” in Syria and Iraq, specifically for group members’ participation in the intentional destruction of cultural and historic sites in the Middle East. This Article begins by tracing the history of legal efforts to protect cultural property and the recent developments in international law that have transformed “culture crimes” into chargeable war crimes. After examining the history of legal efforts to protect property, this Article turns its focus to ISIS and the group’s role in destroying cultural property that it deems antithetical to its brand of Islam and its use of looting historic monuments and the sale of antiquities to further itself financially. Following this primer, this Article examines the available avenues of accountability, the potential forums for prosecution (whether via domestic prosecution, an ad hoc international tribunal, or the International Criminal Court), and how each of those forums may be used to prosecute ISIS members for their destruction of culture

    Truth in Advertising: Applying Commercial Speech Regulations to the Secondary Dissemination of Scientific Research Publications

    Get PDF
    (Excerpt) Part I of this Article examines the Lanham Act generally and the Act’s regulation of commercial speech. Part II reviews the interplay between the Lanham Act and the First Amendment protections afforded to scientific inquiry and scientific publication. It then examines the secondary dissemination of scientific findings, arguing that a third party’s dissemination of the scientific findings or a press release quoting those findings constitutes commercial speech that should be regulated by the Lanham Act. This Article explores how the recent ONY decision has the potential to chill Lanham Act litigation, and it argues that future decisions following ONY’s logic could foreclose Lanham Act litigation where the truth of scientific findings may be at issue. Lastly, this Article contends that future Lanham Act decisions should instead follow the logic of the Fifth Circuit’s Eastman decision, which properly keeps the secondary dissemination of scientific publications under the ambit of the Lanham Act
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