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The Cuban Liberty And Democratic Solidarity Act Of 1996 - Implications For Nafta, Dean C. Bucci Oct 2014

The Cuban Liberty And Democratic Solidarity Act Of 1996 - Implications For Nafta, Dean C. Bucci

Georgia Journal of International & Comparative Law

No abstract provided.


Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott Oct 2014

Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross Oct 2014

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard Oct 2014

Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard

Georgia Journal of International & Comparative Law

No abstract provided.


Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu Sep 2014

Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu

Georgia Journal of International & Comparative Law

No abstract provided.


Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith Sep 2014

Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo Sep 2014

Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo

Georgia Journal of International & Comparative Law

No abstract provided.


International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck Sep 2014

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.


The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner Sep 2014

The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner

Georgia Journal of International & Comparative Law

No abstract provided.


New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell Sep 2014

New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell

Georgia Journal of International & Comparative Law

No abstract provided.


The Canadian Connection: Why The State Department Is Ignoring A Loophole In The Arms Export Control Act, Nicole Day Sep 2014

The Canadian Connection: Why The State Department Is Ignoring A Loophole In The Arms Export Control Act, Nicole Day

Georgia Journal of International & Comparative Law

No abstract provided.


Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris Sep 2014

Big Success Or "Big Brother?": Great Britain's National Identification Scheme Before The European Court Of Human Rights, Jennifer Morris

Georgia Journal of International & Comparative Law

No abstract provided.


Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank Sep 2014

Defining The Battlefield In Contemporary Conflict And Counterterrorism: Understanding The Parameters Of The Zone Of Combat, Laurie R. Blank

Georgia Journal of International & Comparative Law

No abstract provided.


Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby Sep 2014

Redefining The Right To Be Let Alone: Privacy Rights And The Constitutionality Of Technical Surveillance Measures In Germany And The United States, Nicole Jacoby

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin Sep 2014

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell Sep 2014

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.


The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge Sep 2014

The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge

Georgia Journal of International & Comparative Law

No abstract provided.


Masquerading Justiciability: The Misapplication Of State Secrets Privilege In Mohamed V. Jeppesen--Reflections From A Comparative Perspective, Galit Raguan Oct 2013

Masquerading Justiciability: The Misapplication Of State Secrets Privilege In Mohamed V. Jeppesen--Reflections From A Comparative Perspective, Galit Raguan

Georgia Journal of International & Comparative Law

No abstract provided.


The Consequences Of A "War" Paradigm For Counterterrorism: What Impact On Basic Rights And Values?, Laurie R. Blank Jan 2012

The Consequences Of A "War" Paradigm For Counterterrorism: What Impact On Basic Rights And Values?, Laurie R. Blank

Georgia Law Review

Policy makers have used the rhetoric of "war"
throughout the past century to describe a major
governmental or societal effort to combat an evil that
threatens society, national security or other communal

good. It is both a rhetorical tool and a resource
mobilization, and above all a coalescing of authority to
meet the challenge, whether poverty, drugs or-most
recently-terrorism. Soon after 9/11 made al Qaeda a
household word, the Bush Administration characterized
U.S. efforts to defeat al Qaeda as the "War on Terror."
Here, however, the terminology of "war" goes far beyond
rhetoric, resource re-allocation and centralizing of
authority. When …


Samantar And Executive Power, Peter B. Rutledge Oct 2011

Samantar And Executive Power, Peter B. Rutledge

Scholarly Works

This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …


"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen Mar 2010

"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen

Scholarly Works

References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.

But what does it really …


The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin Jon Heller Apr 2006

The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin Jon Heller

Scholarly Works

It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarves. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation--a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another." Professor Levinson wants to find a workable balance between constitutional restraints and …