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Playing The Game Of International Law, Uri Weiss, Joseph Agassi Jan 2022

Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …


The Icc Should Not Encourage Occupation, Uri Weiss Jan 2021

The Icc Should Not Encourage Occupation, Uri Weiss

Touro Law Review

No abstract provided.


Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon Aug 2015

Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon

Touro Law Review

No abstract provided.


Terrorism, The Law And Politics As Usual: A Comparison Of Anti-Terrorism Legislation Before And After 9/11, Mona Conway May 2015

Terrorism, The Law And Politics As Usual: A Comparison Of Anti-Terrorism Legislation Before And After 9/11, Mona Conway

Touro Law Review

No abstract provided.


Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan May 2014

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole May 2013

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.


Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Jan 2012

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"