University of Southern California

Volume 86, Number 1 (November, 2012)

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    Killing in the Fog of War
    Article by Adil Ahmad Haque

    This Article answers two of the most urgent and important questions facing the contemporary law of armed conflict. First, how certain must a soldier be that a given individual is a combatant and not a civilian before attacking that individual? Second, what risks must soldiers accept to themselves and to their mission in order to reduce the risk of mistakenly killing civilians? In the absence of clear legal rules, leading states, scholars, and practitioners have embraced a “Balancing Approach”...

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    Cyberstalking, Twitter, and the Captive Audience: A First Amendment Analysis of 18 U.S.C. 2261A(2)
    Note by John B. Major

    This Note will analyze how the cyberstalking statute applies to a particular form of new media, Twitter, within the framework of a First Amendment analysis. While the analysis within this Note is limited to the interplay between Twitter and the cyberstalking statute, the principles discussed, policies weighed, and doctrines explored also apply to the regulation of distressing speech on the Internet generally. Part II examines Twitter, focusing on how Twitter users interact and the effect this ha...

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    Space Torts: Applying Nuisance and Negligence to Orbital Debris
    Note by Luke Punnakanta

    In 2011 and 2012 alone, a defunct NASA satellite, a defunct German satellite, and a defunct Russian space probe all crashed to Earth. While falling space junk gained more media attention, space debris that remains in orbit is even more dangerous. Manmade space junk is polluting the orbits around the Earth, causing damage to satellites and other spacecraft, and threatening future space activities. And the space debris problem is getting worse. For example, in 2007, millions of new pieces of space...

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    Running Afoul of the Non-Refoulment Principle: The [Mis]interpretation and [Mis]application of the Particularly Serious Crime Exception
    Postscript (Note) by David Delgado

    Envision living with the constant fear of being tortured or killed for no other reason than having a different political opinion than those in power. While that may be difficult to imagine for those who live in the United States, unfortunately, many around the world must live with that fear or flee from their homes. That fear has mobilized an estimated 11,000 to 15,000 refugees to flee from Syria. The mass exodus followed Syrian President Bashar al-Assad’s siege of the western city of Homs, wh...

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    Details: Specific Facts and the First Amendment
    Article by ASHUTOSH BHAGWAT

    In an opinion that many would argue gave birth to modern free speech law, Justice Oliver Wendell Holmes, Jr. described the purpose of the First Amendment as protecting the “free trade in ideas [because] the best test of truth is the power of the thought to get itself accepted in the competition of the market.” Thus was born the “marketplace of ideas” metaphor that has heavily influenced the subsequent development of free speech jurisprudence. In another seminal opinion, Justice Louis Brandeis em...

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