Tuesday, December 27, 2016
Typologies
I thought this typology interesting and wanted to save it:
"Allete Smeulers (2014) provided the most extensive typology of perpetrators of international crime by distinguishing ten types,. It was constructed by predominanted motive. Perpetrators with authority and 'control of the society' such as political and military leaders are referred as The criminal masterminds. They are sui generis of international crimes. Associates and collaborators of The criminal masterminds that are interested in career advance are The Careerist. Emotionally and ideologically motivated with their own system of belief are The Fanatics. Very closed to them are The criminal or sadist: they are habitual criminals and/or pathological sadists with a low level of self control. The devoted warriors are blinded by the ideology imposed by high ranked perpetrators, they abide in the criminal state and have middle or low authority. This type is a sort of a link between high and low ranked perpetrators. The Professionals are members of specialized or militarized units who are trained to kill or torture. Characteristics of The Profiteer are opportunism, selfishness and greed. The Followers and The Conformist blindly follow the those above them and have several subtypes: the obedient follower, the naive follower and the admirer. Compromised perpetrators are the last group on a culpability scale. This is a particular type, which gets involved in crime due to special circumstances (Smeulers, 2008; Smeulers, 2004). Basically, this type of perpetrator is forced or pressured in the commission of the crimes.
"Allete Smeulers (2014) provided the most extensive typology of perpetrators of international crime by distinguishing ten types,. It was constructed by predominanted motive. Perpetrators with authority and 'control of the society' such as political and military leaders are referred as The criminal masterminds. They are sui generis of international crimes. Associates and collaborators of The criminal masterminds that are interested in career advance are The Careerist. Emotionally and ideologically motivated with their own system of belief are The Fanatics. Very closed to them are The criminal or sadist: they are habitual criminals and/or pathological sadists with a low level of self control. The devoted warriors are blinded by the ideology imposed by high ranked perpetrators, they abide in the criminal state and have middle or low authority. This type is a sort of a link between high and low ranked perpetrators. The Professionals are members of specialized or militarized units who are trained to kill or torture. Characteristics of The Profiteer are opportunism, selfishness and greed. The Followers and The Conformist blindly follow the those above them and have several subtypes: the obedient follower, the naive follower and the admirer. Compromised perpetrators are the last group on a culpability scale. This is a particular type, which gets involved in crime due to special circumstances (Smeulers, 2008; Smeulers, 2004). Basically, this type of perpetrator is forced or pressured in the commission of the crimes.
Hillberg
(1992, according to Smeulers, 2008) studied perpetrators from the
Second World War and created a similar, but simplified version of
Smeuler’s typology. He divided them into four types: careerist,
fanatics, vulgarians and bearers
of burdens.
Michael
Mann (2005) argues that ordinary people and ordinary criminals can
become perpetrators of international crimes. He called them ethnic
cleansing perpetrators and created a typology differing:
materialistic, careerist, violent, ideological, bigoted, comradely,
bureaucratic, threatened and disciplined. The need for material
things and egotistical interest in crime are characteristics of
materialistic, careerist and violent types of perpetrators. A blind
ideological belief system is the characteristic of ideological and
bigoted perpetrators. Comradely, bureaucratic, threatened and
disciplined types can be easily be manipulated with, they are low
ranked perpetrators.
Gupta
(2001) emphasizes three most important types of perpetrators. True
believers
are those indoctrinated and driven by ideology. Greed is the main
motivation of the Mercenaries,
they are profiteers who have some kind of interest in crime. Captive
participants
are perpetrators who are under the illusion of social reality or are
involved and engaged in crime because of fear. According to
Crelinsten (1993) there is only one specific group of perpetrators –
torturers, from which three types stems, each is driven by different
motive. Sadists
are violent, likely to have a history of masochism and sadism.
Zealots
function under imposed deep beliefs and ideological matrices.
Professionals
are divided into three subtypes: conformist, careerist and
perpetrator forced into the crime.
"
Monday, December 26, 2016
Peacegaming: Games as education
I saw the students liked the simulation we did on Ruthenia. So I gathered up links and information about games and peacebuilding / cve.
https://www.openlearning.com/courses/EDU818415
Free open learning peacegame! Currently running, leads to certificate (adds something to your c.v. :)
UN United Network of Young Peacebuilders
http://unoy.org/resources
http://foreignpolicy.com/2015/06/04/making-countering-violent-extremism-sound-sexy-islamic-state-social-media/
I have not found 52Jumaa or any of the other apps supposedly created but have yet to look on the google store for android.
http://www.one95.org/
I don't know when Harvard/Tufts or Foreign Policy do their 2017 peacegame, yet. Any of you should consider it. If you want or need help just ask.
http://belfercenter.hks.harvard.edu/events/6672/peacegame_2015.html
http://peace-game.foreignpolicy.com/
https://worldpeacegame.org/
That one is directed to children. May be useful for educators in schools?
Peacegaming Email List:
mattea.cumoletti@tufts.edu
Robbie.Gramer@foreignpolicy.com
Emily.Tamkin@foreignpolicy.com
paul.mcleary@foreignpolicy.com
engleerica@gmail.com
grace.rooney@foreignpolicy.com
belfer_center@hks.harvard.edu
maria.ory@foreignpolicy.com
interviews@usip.org
https://www.openlearning.com/courses/EDU818415
Free open learning peacegame! Currently running, leads to certificate (adds something to your c.v. :)
UN United Network of Young Peacebuilders
http://unoy.org/resources
http://foreignpolicy.com/2015/06/04/making-countering-violent-extremism-sound-sexy-islamic-state-social-media/
I have not found 52Jumaa or any of the other apps supposedly created but have yet to look on the google store for android.
http://www.one95.org/
I don't know when Harvard/Tufts or Foreign Policy do their 2017 peacegame, yet. Any of you should consider it. If you want or need help just ask.
http://belfercenter.hks.harvard.edu/events/6672/peacegame_2015.html
http://peace-game.foreignpolicy.com/
https://worldpeacegame.org/
That one is directed to children. May be useful for educators in schools?
Peacegaming Email List:
mattea.cumoletti@tufts.edu
Robbie.Gramer@foreignpolicy.com
Emily.Tamkin@foreignpolicy.com
paul.mcleary@foreignpolicy.com
engleerica@gmail.com
grace.rooney@foreignpolicy.com
belfer_center@hks.harvard.edu
maria.ory@foreignpolicy.com
interviews@usip.org
Wednesday, December 21, 2016
Psychology and Deradicalization
Deradicalization is the process of reintegrating radicals back into their community.
A therapeutic approach understands dysfunction as generally the result of an inability to obtain normal goals in a healthy way. This inability may be organic but is more often environmental. When the dysfunction is environmental it most often arises out of an inability to know that an alternative is even possible: it is impossible to know something one has not experienced. Alternatively, it is due to knowing an alternative is possible, but not knowing how to attain the alternative in a healthy manner.
Hierarchy of Needs
Behaviorism
Much of the literature asks if deradicalization is even possible, which seems like a false track. It seems obvious to me that deradicalization is possible, because people are not robots.
Little literature seems to focus on psychotherapy.
Best practices seem to focus on community and family involvement.
http://www.gelfand.umd.edu/KruglanskiGelfand(2014).pdf
http://www.huffingtonpost.com/daniel-koehler/moms-fight-extremism_b_11089836.html
http://www.huffingtonpost.com/arie-kruglanski/drivers-of-deradicalizati_b_6117334.html
http://www.psychologicalscience.org/observer/detainee-deradicalization#.WFKJVBorLIU
http://terrorismanalysts.com/pt/index.php/pot/article/view/128/html
http://www.women-without-borders.org/files/downloads/CAN_MOTHERS_CHALLENGE_EXTREMISM.pdf
http://psy.au.dk/fileadmin/Psykologi/Forskning/Preben_Bertelsen/Avisartikler_radikalisering/Panorama.pdf
https://www.nla.gov.au/sites/default/files/webform/draft_cve_developing_an_evidence-based_for_policy_and_practice.pdf#page=135
https://dspace.royalroads.ca/handle/10170/947
http://www.start.umd.edu/pubs/START_Webber_DeradicalizationofFormerMembersofLTTE.pdf
A therapeutic approach understands dysfunction as generally the result of an inability to obtain normal goals in a healthy way. This inability may be organic but is more often environmental. When the dysfunction is environmental it most often arises out of an inability to know that an alternative is even possible: it is impossible to know something one has not experienced. Alternatively, it is due to knowing an alternative is possible, but not knowing how to attain the alternative in a healthy manner.
Hierarchy of Needs
Behaviorism
Much of the literature asks if deradicalization is even possible, which seems like a false track. It seems obvious to me that deradicalization is possible, because people are not robots.
Little literature seems to focus on psychotherapy.
Best practices seem to focus on community and family involvement.
http://www.gelfand.umd.edu/KruglanskiGelfand(2014).pdf
http://www.huffingtonpost.com/daniel-koehler/moms-fight-extremism_b_11089836.html
http://www.huffingtonpost.com/arie-kruglanski/drivers-of-deradicalizati_b_6117334.html
http://www.psychologicalscience.org/observer/detainee-deradicalization#.WFKJVBorLIU
http://terrorismanalysts.com/pt/index.php/pot/article/view/128/html
http://www.women-without-borders.org/files/downloads/CAN_MOTHERS_CHALLENGE_EXTREMISM.pdf
http://psy.au.dk/fileadmin/Psykologi/Forskning/Preben_Bertelsen/Avisartikler_radikalisering/Panorama.pdf
https://www.nla.gov.au/sites/default/files/webform/draft_cve_developing_an_evidence-based_for_policy_and_practice.pdf#page=135
https://dspace.royalroads.ca/handle/10170/947
http://www.start.umd.edu/pubs/START_Webber_DeradicalizationofFormerMembersofLTTE.pdf
Tuesday, December 20, 2016
Criminal Procedure Vocabulary
Criminal Law Terms
Dr. Eric Engle, LL.M.
Pre-Trial: Search and Seizure
Evidence = Methods of proof of facts
There must be a reason for search or seizure
Probable Cause to believe a crime has been committed and that this person or place has evidence of that crime.
Consent
Evidence: EVERYTHING in law comes down to proof! Evidence!
Affidavit
Signed
Notarized
Witnessed
Interrogatory
Admissible Evidence
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Indictment
Once you have evidence you may:
Indict; Indictment which leads to the
Arraignment and the judge may set
Bail
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Rights of the Accused
After the indictment the defendant has the rights of the accused
Right to a speedy trial
Right to know the accusation
Right to know the accuser
Right to a public trial
Right to self defense
Right against self incrimination
Trial Procedures
Brief
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Acquittal
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Trial
Direct Examination
Cross Examination
Jury
Appeals
After conviction the defendant may Appeal
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Appellant
The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal.
Types of Offences
Elements of Any Crime:
Mens Rea – Culpable Mentality: Must have Criminal Capacity (be an adult, sane, not senile)
Specific Intent: Intend the Outcome
General Intent: Intend the Act
Strict Liability: Intent irrelevant
Actus Reus: The criminal act
Violation
Not a crime
Misdemeanor
<1 year in prison
Felony
>1 year in prison
Crimes Against the Person
Crimes against the person are generally punished more harshly than crimes against property.
Attempt
Assault
Battery
Rape
Robbery
Burglary (breaking and entering)
Rape
Manslaughter
Murder
Crimes Against Property
Financial Crimes
Bribery
Embezzlement
Extortion
Fraud
Forgery
Market Manipulation
Insider Trading
Tax Fraud
Inchoate Offences
Conspiracy – Agreement to commit a crime plus an overt act in furtherance of the conspiracy
Attempt
Complicity
Accomplice Liability
Accessory
Accomplice
Complicity – Aiding and Abetting
Misprision
Solicitation
Incitation
Sentencing
Aggravating Circumstances
Justification
Excuse
Warrant
Literally, reason, justification.
Search Warrant
An order from a court authorizing a search. Requires probable cause.
A warranted search is presumed legal.
Extradition: The transfer of a prisoner from one country to another usually under the terms of an extradition treaty. Some countries do not permit extradition of their citizens.
Treaty: A legally binding agreement between two states. Bilateral.
Convention: A multilateral treaty between three or more states.
Presumption / Legal Presumption
A default rule which resolves a doubtful case. If a person has a burden of proof and does not make their proof then the presumption applies and determines the case.
Example: one is presumed innocent until proven guilty. If the state does not
Burden of Proof
The burden which is placed on a person to prove a fact or point of law. Normally actor incombit probandi - the person making a claim must also prove it.
Burden of Persuasion
The standard of proof which must be met. In civil cases it is "more likely than not". In criminal cases the standard of proof is "beyond reasonable doubt"
Question of fact: in common law is determined by the jury
Question of law: in common law and civil law is determined by the judge
Probable Cause
Determination that it is likely that a crime has occurred and/or that there will be evidence of that crime at a certain location or on a certain person.
Arrest Warrant
An order from a court authorizing arrest of a person. Requires probable cause.
European Arrest Warrant: A European warrant to arrest a person anywhere in the EU the person is found.
Unteruchungshaft / Garde a vue / Arrest and Pre-trial detention
The detention prior to trial of the person accused of a crime.
Immunized Testimony
Use Immunity
Transaction Immunity
Hearsay evidence: an out of court statement introduced at trial to prove the truth of the statement made out of court. Generally inadmissible in common law. Numerous exceptions.
Authentication of a document: the proof that a given document is in fact what it purports to be. E.g. that it is the pesons signature etc. That the document is true and accurate.
Best Evidence Rule: Goes to admissibility, not to weight of evidence. If an original is available an original is preferable to a copy.
Ex post facto Law / Rueckwirkung - not the same as vagueness or overbreadth
Nul crimen sine lege preavia - vagueness, overbreadth
The vague law is not clear what conduct is illegal
The overbroad law captures conduct which is in itself lawful
Mala in se
Mala prohibita
Outlaw: deprivation of legal personality.
QUIZ FROM LAST TIME
Bail / Bail Bond
Negligent Tort
Intentional Tort
Strict Liability
Chain of Custody
Privilege against self incrimination
General Intent
Specific Intent
Inchoate Offenses
Attempt
Conspiracy
Financial Crimes
Counterfeit ($)
Forgery (any legal document)
Fraud
Stock Fraud (Insider Trading
Market Manipulation
Bust Out
Pump and Dump
Churning
Pyramid scheme
Dr. Eric Engle, LL.M.
Pre-Trial: Search and Seizure
Evidence = Methods of proof of facts
There must be a reason for search or seizure
Probable Cause to believe a crime has been committed and that this person or place has evidence of that crime.
Consent
Evidence: EVERYTHING in law comes down to proof! Evidence!
Affidavit
Signed
Notarized
Witnessed
Interrogatory
Admissible Evidence
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Indictment
Once you have evidence you may:
Indict; Indictment which leads to the
Arraignment and the judge may set
Bail
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Rights of the Accused
After the indictment the defendant has the rights of the accused
Right to a speedy trial
Right to know the accusation
Right to know the accuser
Right to a public trial
Right to self defense
Right against self incrimination
Trial Procedures
Brief
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Acquittal
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Trial
Direct Examination
Cross Examination
Jury
Appeals
After conviction the defendant may Appeal
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Appellant
The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal.
Types of Offences
Elements of Any Crime:
Mens Rea – Culpable Mentality: Must have Criminal Capacity (be an adult, sane, not senile)
Specific Intent: Intend the Outcome
General Intent: Intend the Act
Strict Liability: Intent irrelevant
Actus Reus: The criminal act
Violation
Not a crime
Misdemeanor
<1 year in prison
Felony
>1 year in prison
Crimes Against the Person
Crimes against the person are generally punished more harshly than crimes against property.
Attempt
Assault
Battery
Rape
Robbery
Burglary (breaking and entering)
Rape
Manslaughter
Murder
Crimes Against Property
Financial Crimes
Bribery
Embezzlement
Extortion
Fraud
Forgery
Market Manipulation
Insider Trading
Tax Fraud
Inchoate Offences
Conspiracy – Agreement to commit a crime plus an overt act in furtherance of the conspiracy
Attempt
Complicity
Accomplice Liability
Accessory
Accomplice
Complicity – Aiding and Abetting
Misprision
Solicitation
Incitation
Sentencing
Aggravating Circumstances
Justification
Excuse
Warrant
Literally, reason, justification.
Search Warrant
An order from a court authorizing a search. Requires probable cause.
A warranted search is presumed legal.
Extradition: The transfer of a prisoner from one country to another usually under the terms of an extradition treaty. Some countries do not permit extradition of their citizens.
Treaty: A legally binding agreement between two states. Bilateral.
Convention: A multilateral treaty between three or more states.
Presumption / Legal Presumption
A default rule which resolves a doubtful case. If a person has a burden of proof and does not make their proof then the presumption applies and determines the case.
Example: one is presumed innocent until proven guilty. If the state does not
Burden of Proof
The burden which is placed on a person to prove a fact or point of law. Normally actor incombit probandi - the person making a claim must also prove it.
Burden of Persuasion
The standard of proof which must be met. In civil cases it is "more likely than not". In criminal cases the standard of proof is "beyond reasonable doubt"
Question of fact: in common law is determined by the jury
Question of law: in common law and civil law is determined by the judge
Probable Cause
Determination that it is likely that a crime has occurred and/or that there will be evidence of that crime at a certain location or on a certain person.
Arrest Warrant
An order from a court authorizing arrest of a person. Requires probable cause.
European Arrest Warrant: A European warrant to arrest a person anywhere in the EU the person is found.
Unteruchungshaft / Garde a vue / Arrest and Pre-trial detention
The detention prior to trial of the person accused of a crime.
Immunized Testimony
Use Immunity
Transaction Immunity
Hearsay evidence: an out of court statement introduced at trial to prove the truth of the statement made out of court. Generally inadmissible in common law. Numerous exceptions.
Authentication of a document: the proof that a given document is in fact what it purports to be. E.g. that it is the pesons signature etc. That the document is true and accurate.
Best Evidence Rule: Goes to admissibility, not to weight of evidence. If an original is available an original is preferable to a copy.
Ex post facto Law / Rueckwirkung - not the same as vagueness or overbreadth
Nul crimen sine lege preavia - vagueness, overbreadth
The vague law is not clear what conduct is illegal
The overbroad law captures conduct which is in itself lawful
Mala in se
Mala prohibita
Outlaw: deprivation of legal personality.
QUIZ FROM LAST TIME
Bail / Bail Bond
Negligent Tort
Intentional Tort
Strict Liability
Chain of Custody
Privilege against self incrimination
General Intent
Specific Intent
Inchoate Offenses
Attempt
Conspiracy
Financial Crimes
Forgery (any legal document)
Fraud
Stock Fraud (Insider Trading
Market Manipulation
Bust Out
Pump and Dump
Churning
Pyramid scheme
Disclaimer :)
I am not a diplomat, just an academic. My opinions are my own and are not those of the U.S. government or any organ thereof such as the Department of State or affiliated NGO such as the Fulbright Foundation. Thanks for understanding.
Methodology: How and Why to Publish Articles about the Law and Political Science
How to write your article:
0) Develop problematique: What is the question you want to answer?
1) Generate Hypothesis which tentatively answers problematique.
2) Research: Read articles, books, generate footnotes: quotations + citations
3) Refine hypothesis into thesis statement
4) Write outline (structure of the argument) which will prove the thesis
5) Put quotes & footnotes into outline
6) WRITE ARTICLE INTO THE OUTLINE AROUND THE FOOTNOTES TO PROVE THE THESIS STATEMENT
quod erat demonstratum.
0) Develop problematique: What is the question you want to answer?
1) Generate Hypothesis which tentatively answers problematique.
2) Research: Read articles, books, generate footnotes: quotations + citations
3) Refine hypothesis into thesis statement
4) Write outline (structure of the argument) which will prove the thesis
5) Put quotes & footnotes into outline
6) WRITE ARTICLE INTO THE OUTLINE AROUND THE FOOTNOTES TO PROVE THE THESIS STATEMENT
quod erat demonstratum.
How and Why to Publish Articles about the Law
Eric Engle
Lawyers have a responsibility to work for the general public good (pro bono publico). The law is constantly evolving. The evolution of law occurs in part through legal commentary. Furthermore, legal scholarship is a source of international law and persuasive evidence of the law in most civilianist legal systems. Finally, publishing your work is a professional credential. It is a way to make your mark on the law. A way to attract attention to your practice.
1. How to Write Your Article: Structure and Discipline.
Good writing is a discipline. The law review article seeks to present and prove a thesis. This requires a clear cogent thesis statement. It also requires a structured argument to support the thesis. This structure will normally be an outline which will be reflected in the table of contents of the article. The article’s points of law, especially those which are controversial, must be footnoted. Footnotes, whether to legislation, cases, or commentary are the scientific foundation of your work. And this is the basic process of writing. First, develop a thesis statement. This is your hypothesis. Then, research the law, to find and form the footnotes you will use. You may then modify your hypothesis which now becomes your thesis statement. You then form an outline of the structured arguments you will use to prove your thesis. You then place the tentative footnotes into the outline. Essentially, one writes the article into the outline, around the footnotes to prove the thesis statement. Footnotes should be formed according to the ALWD, the Blue Book, or the Oscola style.
This process of writing may seem simple. However, writing takes discipline. Finding and forming footnotes is indispensable. As to one’s own writing: edit! edit! edit! edit! Outline ten times, write once. But then, reread, rewrite, reread, rewrite. Editing seeks to express ideas clearly and quickly. The reader should consult style guides like Strunk and White’s Elements of Style. Canons like: “Omit needless words.” “Avoid the passive voice.” “Use short sentences.” should be burnt in every writers brain. Good writers use literary devices. However, literary devices are not necessary and may detract from your writing if badly used.
After you have written your article you should show it to your friends. They may point out things that seem clear to you which might not be clear to another reader.
2. Submitting Your Monsterpiece?
It Better Be a Masterpiece! No One Has Time to Waste!
Once you’ve written your article you must submit it for publication. Just like there’s a method for writing, there is also a method for publishing.
First, you need to figure out where you want to submit to. There are two types of journals. Some journals, usually better ranked European ones, insist on “exclusive submission”. They only consider your article if you promise not to submit it elsewhere while they consider it. They usually take about two months to review your article. They may reject your article outright, or will return it with comments and ask for revisions and resubmission.
U.S. journals are generally not exclusive submit. That means your article can be under consideration at more than one law review at a time. However U.S. law reviews have two submission seasons. September and March. I mass submit at those times and then individual submit in the other months.
When you feel your paper is “as good as you can make it” you must send it to journals. Your cover letter may well be the only thing the journal actually reads. In fact, the subject line of your email may be the only thing the journal reads. It has to be perfect. A good subject line might be: SUBMISSION – “The Law and Economics of Mergers and Acquisitions in Russia”. The journal knows this is a submission, and even knows the title of your article. Your title, just like the subject line of that email, must be perfect.
I repeat the TITLE of your article is the ONLY thing you are sure your reader will read. It has to be perfect. Likewise, your first paragraph must also be perfect for the same reason. You should focus especially on the first three pages and last page of your article. It must be *perfect*.
You also need a cover letter. Your cover letter should describe who you are, and what you want. You are a lawyer. You want to publish your article about ___. Be friendly and courteous to your editors. Be clear that you will be happy to edit your article and that you will provide footnotes, substantive or stylistic editing as the editors require.
Your cover letter should include an *abstract* of the article. An abstract presents a summary of the article. Your cover letter should also include your c.v. Include your c.v. and abstract both inline and as an attachment.
Essentially editors have little time and no interest to edit your half-done work. You should be sending them an article “ready to be published” — not something half baked. And your cover letter should look perfectly professional — because that is all they may bother to look at.
3. Where to Send your Article
There are numerous lists of email addresses for submission. See, e.g.,
LexOpus — free online submission manager.
(for preprints and working papers)
Some of the law reviews which are not listed on lexopus, but addresses may be out of date.
Like you can see there are literally hundreds of law reviews. Select those journals most relevant for your article.
4. Publication offer! Then What?
Your publisher will make a publication offer and may ask you to sign a contract giving them copyright. You should have no illusions about making money from writing about law. However you should insist on keeping the right to reproduce your article after an embargo of a year for the academic publishers. Kluwer, Springer and similar for-profit publishers will insist on a permanent embargo. They are reputable enough you should publish with them anyway. If you really hate a term in the contract you can try to negotiate it: “I’m ok giving you exclusive copyright for an embargo of 1 year, but want the right to republish it myself in the book I am planning” – for example.
When your article gets offered publication you should in my opinion simply accept and then go write something else. But you should also write all the other journals you asked to look at your work and tell them that your article is off the market. Some authors try to “expedite” their article to get it placed in a better ranked journal. I find that unseemly. I like having a good reputation, but then I write and publish very often.
If you wish to try to figure out how to “expedite” your article ask Professor Google 

In all events love whatever you write and
Good luck!
——————–
Suggested methodologies:
1) Problématique: The student must begin with a question which they seek to answer. The research then answers the question and/or leads to other questions… Better for an academic setting than practice but a veryuseful perspective nonetheless.
2) Case history: The student takes a case which they are interested in and traces the cases history and development. This is very straightforward but produces a useful product especially for legal practitioners. It's an easy great way to publish your first articles.
3) Comparative approach: The student takes a legal concept which interests them, and traces the concepts development in two different countries. Ideally the student then synthesizes and concludes what would be a better system than either. Can be good for practice and is good for academic work. Done properly it is very scientific. Done poorly it is wishy-washy.
4) Critique: The student analyses a given law: to determine its weak points. A good method for cynics and nihilists: Rather than seeking to prove something this method seeks to disprove another thing.
5) Polemic: This is the opposite of problématique. Rather than seeking to answer a question the student seeks to prove a hypothesis. This is better for practice than academics since polemical work tends to be less objective but polemic teaches students to organize and direct their thoughts. On the other hand if legal science is a science then it posits facts about law – so polemic has always been able to claim to be scientific – at least in its better forms…
Naturally students may mix these methods. They are in all events only “suggested approaches”.
Monday, December 19, 2016
The powerpoints for my lectures are in this folder.
Dear Students,
The powerpoints for today's lectures are in this folder.
https://drive.google.com/drive/folders/0BwMRRQXBqVxjcExReWNQQnExaVk?usp=sharing
I am lecturing on ISIS and the ICC at the law school, then on Sources of Violent Extremism at the Faculty of Political Science and then on Transatlantic Criminal Procedure this evening. The third lecture will focus on vocabulary. I will upload that powerpoint slide show later today.
Thank you for inviting me I look forward to seeing you all today!
Yours truly,
Eric Engle
The powerpoints for today's lectures are in this folder.
https://drive.google.com/drive/folders/0BwMRRQXBqVxjcExReWNQQnExaVk?usp=sharing
I am lecturing on ISIS and the ICC at the law school, then on Sources of Violent Extremism at the Faculty of Political Science and then on Transatlantic Criminal Procedure this evening. The third lecture will focus on vocabulary. I will upload that powerpoint slide show later today.
Thank you for inviting me I look forward to seeing you all today!
Yours truly,
Eric Engle
Friday, December 16, 2016
Aleppo
The massacres and disproportional targeting, including targeting of civilans, are war crimes; these war crimes are being committed by the Syrian government and Russian Federation.
The massacres are not only war crimes, they are unislamic.
Once again, innocent Moslems are dying, and Russia is there to bury them all.
Thanks Russia, thanks a lot :/
These deaths are not the fault of the United States.
We should mourn all the dead in Syria - even the Russians. Death is our common enemy.
Hopefully the new administration will mean the end of the needless slaughter of innocent people.
May God have mercy on us all.
The massacres are not only war crimes, they are unislamic.
Once again, innocent Moslems are dying, and Russia is there to bury them all.
Thanks Russia, thanks a lot :/
These deaths are not the fault of the United States.
We should mourn all the dead in Syria - even the Russians. Death is our common enemy.
Hopefully the new administration will mean the end of the needless slaughter of innocent people.
May God have mercy on us all.
Friday, December 9, 2016
Violent Extremism - Readings
These are various documents which I think are worth reading on violent extremism (VE). I will post more links to articles and books in the near future. We will discuss these ideas and the readings next week. You should let your curiousity be your guide -- read the things which interest you most first!
HISTORIES OF EXTREMISM
HISTORIES OF EXTREMISM
The Revolutionary Ascetic. Evolution of a Political Type by Bruce Mazlish www.arnoldrichards.net/wp-content/uploads/2013/03/MazlishReviewWeb.pdf
This book is brilliant and a must-read. Interlibrary loan?
Fire in the Minds of Men
https://books.google.ba/books?id=saTynFUNPD8C&printsec=frontcover
A very good reference to the ideas and histories of extremisms.
Anything by Walter Laqueur:
The Terrorism Reader (1978)
Guerilla Warfare https://books.google.ba/books?id=iQS-1jqgeScC&printsec=frontcover
Prolific author and excellent reading.
Fictional Literature
A Clockwork Orange
http://www.sparknotes.com/lit/clockworkorange/ https://www.amazon.com/Clockwork-Orange-Anthony-Burgess/dp/0393312836
http://chabrieres.pagesperso-orange.fr/texts/clockwork_orange.html
https://www.youtube.com/watch?v=TcUxJPffmUA
https://www.youtube.com/watch?v=zpRUNWPaJzU
Lord of the Flies
https://www.enotes.com/documents/lord-flies-chapter-1-sound-shell-53829 http://www.sparknotes.com/lit/flies/
https://www.youtube.com/watch?v=hrTEouGbu0E
https://www.youtube.com/watch?v=i1wVusxZcvM
These two are classic literature and great to read.
CURRENT SCIENTIFIC LITERATURE
Overview:
https://en.wikipedia.org/wiki/Violent_extremism#Causes
Guide to the Drivers of VE
http://pdf.usaid.gov/pdf_docs/PNADT978.pdf
US Department of State
http://www.state.gov/j/remarks/260723.htm
Scientificity & Critique:
https://assets.publishing.service.gov.uk/media/57a0899d40f0b64974000192/Drivers_of_Radicalisation_Literature_Review.pdf
https://medium.com/insurge-intelligence/the-astonishingly-crap-science-of-counter-extremism-65810f8ac8e6#.qk15x2mp2
Police Perspectives
http://www.theiacp.org/portals/0/pdfs/RadicalizationtoViolentExtremismAwarenessBrief.pdf http://www.osce.org/atu/111438?download=true
For Further Reading Bibliography
http://www.start.umd.edu/terrorism-and-violent-extremism
Monday, December 5, 2016
Syllabus
PREVENTING AND REMEDYING VIOLENT EXTREMISM
DIRECTING LINE OF INQUIRY OF THE PROJECT:
Why do some groups reject armed struggle while others take it up?
When and how and why is unarmed struggle more effective than armed
struggle at advancing political agendas?
How to prevent, and remedy extremist violence?
Introductory Lecture: Reverse Engineering Violent Extremism
1.
The Sources of Violent Extremism:
The sources of
extremism are poverty and desperation, anger and despair. Anger at being
isolated, shut out, ridiculed, excluded. Despair at lack of opportunity.
Desperation due to hunger, untreated illness, absent medical care. No education
other than the gang, whatever stripes or colors the gang wears to intimidate
enemies and inspire friends. In some respects, extremist violence is a reaction
to violation. Without a wellspring of despair violence is limited to isolated
individuals, deluded fools or criminals. Despair is a necessary precondition to
extremism, may exceptionally be sufficient on its own, but is not the sole
cause of violent extremism.
2.
The Vectors of Violent Extremism: Demagogic Elites
Though often a
reaction, not all violent extremism is desperate and poor. In fact, elite
leaders of
extremist movements,
the Lenins, Maos, and Bin Ladens of the world, are by-and-large from the upper classes.
Rarely, a rabble rousing populist like Hitler emerges from the rank-and-file.
But by and large the main ingredients of extremist violence are elites
consciously choosing violence and everyday people so desperate that they will
try anything just to have the bare necessities. Add war veterans, police, some
guns and explosives, a taunting prejudiced provocation here and there, season
with misplaced ambition and jealousy, and set on a low simmer of constant low-grade
domestic violence and petty crime until the pot explodes. That, roughly
speaking, is the recipe for "success" in violent radicalism.
A bleak picture: but
this formula for death can be reverse engineered. That is what this project
seeks to do.
3. Reversing
the Course
The project will
identify these risk factors and policies to combat them in isolation or
combination. It will also show what America can and cannot do to help countries
like Bosnia.
America can help
replace the recipe for clan hatred with hope. America is a beacon of hope, a
shining example and refuge for exiles and migrants. We can exchange hate for
hope through education: we must point out why and how the people are misled. We
can make the difference by offering opportunity and by helping create conditions
of law and justice in countries like Bosnia to replace criminality with
productivity and corruption with honor. Sometimes, amnesty, mostly a line in
the sand. The past is the past, and building a better future together is what
it's all about.
Because human nature
is by-and-large similar it is possible to develop a general model for understanding
extremist violence, whether right-wing, left-wing, or religious. Rival militias
and gangs have a lot in common so we can help people from apparently different
communities organize to better relate to each other’s experiences. This
project, if effective in Bosnia, could then be replicated in other Eastern
European countries facing similar problems.
4. Research
objective of the exchange:
To develop a unified
theory of extremist violence and to publish that theory as either a brief
monograph or long essay so as to reverse-engineer the tactics of extremist
violence. Essay can be lead chapter for an edited work including chapters by
exchange host-partners. Candidate promises to edit Bosnian writers English for
publication whether in book proposed, or individually by exchange partner
authors
COURSE
OVERVIEW
English language learning
occurs on Monday and Thursdays. Those lectures focus on
political and legal terminology to enable people to improve their English
through practice in a practical field of work. Language is most intensely
taught at the start of the session in hopes to have improved the students'
English language ability by the end of the session to enable useful work. The
topics presented are general overviews and are more appropriate to students than scholarly researchers.
Advanced scholars are welcome to participate, they may find the content already
within their ability. Later in the session Thursdays may also be used for
students’ and scholars’ seminar presentations. Lists of legal terminology and
definitions as well as short relevant legal readings will be provided.
Translation of Bosnian legal materials into English as classroom exercises or
homework is also possible!
Tuesdays
are in-depth analysis of the law and politics of prevention of violence.
A good working knowledge of English is expected and Tuesdays are most
appropriate for advanced students and scholars. Scholars are invited to present their research and writing on
Tuesdays for editing, commentary, and to network for publication,
Wednesdays
are training the trainers and students’ and scholars’ seminar
presentations. Scholars and students are invited and encouraged to present
their own research as an English language presentation and paper. Those
students who present papers are enabled thereby to obtain academic credit from
host institutions, provided the host institution agrees that their performance
meets academic standards. Seminar papers may likewise be considered for
publication if of very high quality.
Fridays
are for the three simulations,
"The War of the Ants", "Ruthenia and Ainehtur" and "A
Minority is You". Weekends may
be used to extend the simulations, if there is interest, or for outings to
local historical points of interest or libraries. Saturday of the last weekend
is for networking and individual counselling. The final exam is tentatively
scheduled for the last Sunday of the five weeks.
Students are encouraged to bring food with them and
are allowed to eat during the lectures. Students are requested to turn off
their mobile phones but may use their electronics during lectures. Students are
requested to read, at least briefly, the assigned readings so that we may
discuss them intelligently: the more you read the more you learn!
FIRST
WEEK – INTERNATIONAL LAW
Monday:
Introduction of Participant Scholars
Introductory
lecture – The Matrix of Conflict Prevention and Reconcilation
– UN, EU, NATO (30 minutes) – questions to this lecture should be posed during the
five weeks of teaching and training!
30 minute
break for mixer – students’ self-introduction,
institutional presentations (informal). Each institution should have a table
set up with their representative and materials which they may wish to show
others. Students should then go and visit the participating institutions to
meet each other and build friendships and professional contacts.
International
Law
Introduction of course, distribution of seminar
topics
1. Legal Definition of the State:
2. Sources of International Law
3. Jus cogens
Tuesday:
Lectures & Seminar Presentations
Liberalism
1. Understanding the Ideas of Liberal
Internationalist Capitalism: Aristotle
Hobbes, Locke,
Smith – Peace and Prosperity through Trade due to interdependence and
comparative advantage
2. The Rule of Law State: USA, Germany, Singapore
Lunch Break
Post-Conflict
Reconciliation
4. Post-Conflict Reconciliation – Amnesty versus
Impunity, Truth and Reconcilation Trials
Wednesday:
Training Trainers and Seminars
1. Constructivist Learning Theory and Teaching
Methods: How to Teach
2. How to Research and Cite Law
3. Psychological Perspectives on Dysfunction:
Understanding Sources of Problems
4. How to read rapidly! Skimming and outlining, annotating
documents. (Speed reading)
Thursday:
English Language & Legal Terms
General
Principles of International Law and the Law of War
Immunity
Diplomatic Protection
Law of War - Jus ad bello, Jus in bellum
Geneva Conventions
Friday:
Simulation, "The War of the Ants"; can extend into weekend if
students are interested.
SECOND
WEEK – INTERNATIONAL HUMAN RIGHTS LAW
I. Principles
2. Constitutionalization
II. Institutions and Instruments
A. UN
Charter & UDHR
1. UN
Security Council
2. UN
Resolutions
B. European
Convention on Human Rights (ECHR) - Extraterritoriality of the ECHR
Tuesday:
Lectures & Seminar Presentations - Nationalist
Extremism: Fascism
1. Nationalism and Extremist Violence: Cause, Cure,
or Both?
2. Hitler Youth versus Young Pioneers: Youth
Movements Training for Extremist Violence
3. Nationalist Socialism and Religion: Hitler and
Islam
Wednesday:
Training Trainers & Seminars
How to Learn
and Teach Languages: The Practical Parrot
1. A musical approach: rhythm, tone, literary
devices
2. A structural approach: affirmation/negation
direction/location, logical connectors, prepositions and post-positions, nouns
into verbs into nouns, modal verbs, time, space
3. A cognative approach (sic): cognates and
loan-words.
4. In Brief: Deciphering Abbreviations, e.g., n.b.,
c.f., UN, etc.
5. Practical Tips: Tandems, Partners, Skype, Movies,
Youtube, and Hobbies!
6. Not my cup of tea, but whatever works for you:
idioms & stock phrases, crosswords and puns.
Thursday:
English Language & Legal Terms
1. First Generation "Liberty" Rights: UN
Convention on Civil & Political Rights (ICCPR)
Contract, Property, Voting, Freedom of Speech,
Religion; negatives freedom from state power
2. Second Generation "Equality" Rights
(ICESCR) - positive claims to state resources
Workers' Rights: Collective Bargaining
Social Rights: The Right to Education
Anti-Discrimination Law
Racial
Discrimination
Sex
Discrimination
Gender
Discrimination
3. Third Generation "Fraternity" Rights -
Hortatory Rights and Aspirational Goals
Friday:
Simulation, "The War of the Ants"; can extend into weekend if
students are interested.
THIRD
WEEK – CONSTITUTIONAL LAW
Monday:
English Language & Legal Terms
a. Federalism
b. Separation of powers
c. Secularity
d. Elections and voting rights
f. Constitutional Amendment
g. Constitutional Courts
h. Party-political Systems
i. Constitutive Communities: Religions, Unions,
Corporations, Universities, Mass Media
Tuesday:
Lectures and Seminar Presentations:
Marxist
Extremism
1. Marxist Revolution: War and State Sponsored
Terrorism
2. State sponsored terrorism? Baader Meinhof, Red
Brigades, PLO, and the Japanese Red Army
3. National Liberation? The Rise and Fall of the
Irish Republican Army
4. The Maoist Black Panthers: Terrorists or
Revolutionaries? (Watts Riots)
Wednesday:
Training Trainers
Community
Organizing
Fund-raising
Tabling
Public marches
Netizens & Internet Activism
Thursday:
English Language & Legal Terms
Constitutional
Law of Fundamental Rights
1. Civil and Political Rights
2. Fundamental Rights
a. Property and Contract
b. Freedom of Expression
c. Freedom of Religion
d. Rights of the Accused
e. Proportionality Principle http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1431179
Lunch Break
Refugees,
Migrants, Veterans and Radicals: Integration
and Reintegration of displaced persons into peaceful civil society.
Friday:
Simulation of Post-conflict reconciliation - Ruthenia and Ainehtur
Simulation may be extended into weekend if students
are interested.
FOURTH
WEEK – EU LAW
Monday:
English Language & Legal Terms - EU Law
Council and Commission
Four Freedoms
Regulations and Directives
General Principles of Community Law
Harmonization
ECJ Case Law; Advocate General; Precedential value
of ECJ Case Law
Acquis Communautaire
Tuesday:
Lectures and Seminar Presentations
Identity
Politics & Extremism
A Woman's Place is on the Barricades? Law, Culture,
Equality and Feminism
Gay Rights or Gay Riots? Stonewall, Act-Up, and
Legal Radical Struggle
American Civil Rights and Anti-Apartheid: ANC, Black
Panthers, Nation of Islam, Pacifists
Language Rights: The FLQ in Quebec and the failure
of terrorism
Wednesday:
Training Trainers, Participant Presentations
Publishing
Social Media Activism, TOR, HTML/JS/CSS
Publish and Prosper: Wordpress, Blogger, Amazon: How
to get your ideas into print and on the internet.
Thursday:
English Language & Legal Terms: EU and ECHR
Proportionality (EU and ECHR)
Third party effect of fundamental rights (Drittwirkung)
(EU and ECHR)
Researching EU and ECHR Law
The relationship between EU law, National Laws, and
ECHR Law
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1283791
Polluter Pays Principle
Source Principle
Precautionary Principle
Ecotaxes
Friday:
Simulation of Post-conflict reconciliation - Ruthenia and Ainehtur
Simulation may be extended into weekend if students
are interested.
FIFTH WEEK – PRIVATE INTERNATIONAL
LAW
Monday:
English Language & Legal Terms
Anti-Corruption
Law
Monism and Dualism
International Civil Procedure: Jurisdiction
Anti-corruption law
UN Anti-Bribery Convention
UN Anti-Bribery Convention
Extraterritorial Law: SEC, Racketeer Influenced and
Corrupt Organizations Act (RICO)
Foreign Corrupt Practices Act
UK Anti-Bribery Act
Tuesday:
Religious
Extremism
Crusade versus Jihad? Clash of Civilizations or
Concert of Countries?
Freikorps, Gangs, and Jihadists: Similarities,
differences and prevention in Weimar Germany, the United States, and the
Islamic world.
American Civil Rights and Anti-Apartheid: ANC, Black
Panthers, Nation of Islam, Pacifists
Wednesday:
Training Trainers
Public Speaking
How to present a public speech - Relaxed self-confidence
based on experience and competence
How to present at a videoconference
How to debate
Debating Sessions – Participants will be given a
resolution to argue for or against and then debate it. Resolutions will relate
to meeting the challenges of violent extremism.
Thursday:
English Language & Legal Terms
International
business law
Contract Law
Corporation Law
Joint Ventures
Friday:
Simulation: A minority is You!
Weekend:
Conclusion and networking
Sunday: Final examination for those seeking lecture
course credit and honors certificate.
Classroom
Exercises:
1.
The war of the ants.
Two or more rival
ant-colonies are competing for limited resources. Each colony has workers,
soldiers, a queen, and possibly slave ants. Some ant colonies make slave ants
others will not, that's just their nature. Each student represents one of these
roles. The colonies compete for food and to grow their population or enslave or
destroy the other colonies. Resources are water, food, slaves. The objective is
to help the students see how rival groups interact in a totally depoliticized
context so they can understand dysfunction to prevent it and resolve it.
Scoring is based on start-end population differential: exercise teaches that
cooperative strategies are more productive than destructive competition due to
the gearing of resources and combat exchanges in the exercise.
2.
Post Conflict Reconciliation:
A terrible war has
ruined Ruthenia. Ruthenia is populated by Ruthenians and Ainehturs. Most
Ruthenians worship
Sacred Ruth, but some are atheists. Most Ainehturs worship Ain, "the one
true God". The Ain religion is very strict. Ainehturs who reject Ain are
expelled from their community. Some of them live in Ruthenian villages. A few
worship Ruth and go to the Temple of Ruth with Ruthenians. However, Ainehtur
minorities still speak Ainehturian and keep their culture. Even Ainehturian
converts are distrusted and unpopular among Ruthenians.
No one can say for
sure how the war between Big Ruthen and Greater Ainehtia started. But armies
from Big Ruthen and Ainehtia raged through poor Ruthenia, committing terrible
crimes. The war finally ended, but the conflict didn't. In this simulation
students are assigned various roles "militant pan-nationalist",
"minority", etc. to try to address issues of post-conflict social
reintegration. This is an unscored role playing exercise. It seeks to help the
students understand the problems of post-conflict integration objectively and
dispassionately.
3.
The minority is YOU!
Students are
separated into two groups - one of which will be declared undesirable. Students
are
assigned chits
representing money. Some students have "keys" which grant access to
university, a job, an apartment or a bomb. One student is designated "the
secret policeman" whose job is to detect and recover the bomb. One student
is designated "the terrorist". The terrorist's objective is to obtain
the bomb. The secret policman has more chits than any one player but less than
all chits total. Students are scored individually based on chit differential at
start and end. Terrorist wins by obtaining bomb. Secret policeman wins by
discovering terrorist or obtaining bomb.
Learning objectives: teaching the problem of paranoia, the necessity of
security, the question of trust. exercise rules do not prohibit bribery, so
exercise can be used to teach the problem of bribery, too.
SUGGESTED
SEMINAR PRESENTATION TOPICS
Students and
scholars are encouraged to propose seminar topics which they wish to research,
present, and write about!
The Rule of Law State: UK, Germany, Singapore
How to cause - or prevent - genocide: Armenia, Nazi
Germany, Rwanda, Bosnia
Marxist Revolution: War and State Sponsored
Terrorism
Nationalism and Extremist Violence: Cause, Cure, or
Both?
Nationalist Socialism and Religion: Hitler and Islam
Hitler Youth versus Young Pioneers: Youth Movements
Training for Extremist Violence
A Woman's Place is on the Barricades? Law, Culture,
Equality
Gay Rights or Gay Riots? Stonewall, Act-Up, and
Legal Radical Struggle
American Civil Rights and the Anti-Apartheid
Movement
The Maoist Black Panthers: Terrorists or
Revolutionaries? (Watts Riots)
State sponsored terrorism? Baader Meinhof, Red
Brigades, PLO, and the Japanese Red Army
National Liberation? The Rise and Fall of the Irish
Republican Army
Language Rights: The FLQ in Quebec and the failure
of terrorism
The Rule of Law and Law Enforcement in the Struggle
against Violence
All Lives Matter: Law Enforcement and the Struggle
against Violence
Gangs of New York? A Comparison of private terrorism
and gang violence
Freikorps, Gangs, and Jihadists: Similarities,
differences and prevention in Weimar Germany, the United States, and the
Islamic world.
Dr. Engle will cover these topics if they are not
addressed by a student/scholar who wishes to work on the above issues.
Academic
Credits:
The course provides a participation certificate for
each participant. The course may be used to obtain seminar credit at a host
institution or lecture credit at a host institution or both. Seminar papers
should be 10-30 pages, well footnoted with table of contents and bibliography.
The examination will be 1 essay of one hour length which may be chosen from 5
possible questions based on each week of the lecture. Course may be taken pass/fail or for graded
credit on US non-curved grading scale, where 65%=D, 70% =C, 80% =B and 90%=A.
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