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Articles 1 - 15 of 15
Full-Text Articles in Law
Toward Recognizing An International Human Right To Claim Innocence, Brandon Garrett, Laurence R. Helfer, Jayne C. Huckerby, Mark Godsey, Luca Lupària
Toward Recognizing An International Human Right To Claim Innocence, Brandon Garrett, Laurence R. Helfer, Jayne C. Huckerby, Mark Godsey, Luca Lupària
Judicature International
No abstract provided.
Paving The Way For Mind-Reading: Reinterpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli
Paving The Way For Mind-Reading: Reinterpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli
Duke Journal of Constitutional Law & Public Policy Sidebar
Mind-reading is no longer a concept confined to the world of science-fiction: "Brain reading technologies are rapidly being developed in a number of neuroscience fields." One obvious application is to the field of criminal justice: Mind-reading technology can potentially aid investigators in assessing critical legal questions such as guilt, legal insanity, and the risk of recidivism. Two current techniques have received the most scholarly attention for their potential in aiding interrogators in determining guilt: brain-based lie detection and brain-based memory detection. The growing ability to peer inside someone's mind raises significant legal issues. A number of American scholars, especially in …
Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.
Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
When Terrorists Govern: Protecting Civilians In Conflicts With State-Building Armed Groups, Mara R. Revkin
When Terrorists Govern: Protecting Civilians In Conflicts With State-Building Armed Groups, Mara R. Revkin
Faculty Scholarship
Many existing U.S. counter-terrorism policies, including those governing targeting and detention, rely on an empirical assumption that terrorist groups are primarily military organizations. This assumption may be appropriate in the case of al-Qaeda, but it fails to describe terrorist groups that engage not only in warfare but also in governance and state-building such as the Islamic State, a self-declared “caliphate” that—at the height of its expansion in 2014—claimed sovereignty over an estimated 34,000 square miles and 10 million civilians. This Article identifies a category of “state-building” terrorist groups that can be distinguished by the following characteristics: (1) the presence of …
Lawfare 101: A Primer, Charles J. Dunlap Jr.
Lawfare 101: A Primer, Charles J. Dunlap Jr.
Faculty Scholarship
Dunlap discusses the concept of lawfare—using law as a form of asymmetrical warfare—and provides some considerations for how to combat this phenomenon. The article establishes the intellectual framework and thematic direction for this Issue of Military Review.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Faculty Scholarship
This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Drawing Lines Among The Persecuted, Kate Evans
Drawing Lines Among The Persecuted, Kate Evans
Faculty Scholarship
Should a victim of persecution be denied protection in the United States if his persecutors forced him to participate in their campaign of terror? In its 2009 decision, Negusie v. Holder, the Supreme Court recognized the “difficult line drawing problems” presented by this question, but failed to offer concrete guidance to the lower courts or the executive agencies charged with drawing those lines. Circuit courts employ a variety of standards, leaving the law in disarray.
This Article offers original historical research to argue that asylum seekers charged with participating in persecution should be afforded a duress defense. It traces the …
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Faculty Scholarship
No abstract provided.
Competing For Refugees: A Market-Based Solution To A Humanitarian Crisis, Joseph Blocher, Mitu Gulati
Competing For Refugees: A Market-Based Solution To A Humanitarian Crisis, Joseph Blocher, Mitu Gulati
Faculty Scholarship
The current refugee crisis demands novel legal solutions, and new ways of summoning the political will to implement them. As a matter of national incentives, the goal must be to design mechanisms that discourage countries of origin from creating refugees, and encourage host countries to welcome them. One way to achieve this would be to recognize that persecuted refugee groups have a financial claim against their countries of origin, and that this claim can be traded to host nations in exchange for acceptance. Modifications to the international apparatus would be necessary, but the basic legal elements of this proposal already …
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
Faculty Scholarship
The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.
The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr.
The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.
Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.