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Articles 1 - 30 of 56
Full-Text Articles in Law
Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham
Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham
Law Faculty Articles and Essays
Talking Foreign Policy is a production of Case Western Reserve University and is produced in partnership with 90.3 FM WCPN ideastream. Questions and comments about the topics discussed on the show, or to suggest future topics, go to talkingforeignpolicy@case.edu.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States Abstains on Security Council Resolution Criticizing Israeli Settlements • United States Sanctions Russian Individuals and Entities After Accusing Russian Government of Using Hacking to Interfere with U.S. Election Process; Congressional Committees and Intelligence and Law Enforcement Agencies Continue to Investigate President Trump’s Connections to Russian Officials • Second Circuit Overturns $655 Million Jury Verdict Against Palestine Liberation Organization and Palestinian Authority • New Legislation Seeks to Confirm Immunity of Artwork and Facilitate Cultural Exchange • United States Confronts China over Seizure of Unmanned Drone in the South China Sea • International Criminal Court Prosecutor …
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.
Journal of Aviation/Aerospace Education & Research
Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …
Contemporary Practice Of The United States Relating To International Law, Daugirdas Kristina, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Daugirdas Kristina, Julian Davis Mortenson
Articles
In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Classifying The Conflict In Syria, Terry D. Gill
Classifying The Conflict In Syria, Terry D. Gill
International Law Studies
This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply these …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Faculty Journal Articles and Book Chapters
This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the …
Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps
Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps
Georgia Journal of International & Comparative Law
No abstract provided.
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Pepperdine Law Review
This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with the Framers’ …
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
International Law Studies
No abstract provided.
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies
International Law Studies
No abstract provided.
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law Studies
No abstract provided.
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
International Law Studies
No abstract provided.
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
International Law Studies
No abstract provided.
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
International Law Studies
No abstract provided.
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
International Law Studies
No abstract provided.
Responses To The Ten Questions, Mary Ellen O'Connell
Responses To The Ten Questions, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies
Law Faculty Scholarship
No abstract provided.
An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin
An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin
International Law Studies
No abstract provided.
Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper
Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper
International Law Studies
No abstract provided.
Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust
Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust
ILSA Journal of International & Comparative Law
The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'
Xvi Litigating How We Fight, Ashley S. Deeks
Xvi Litigating How We Fight, Ashley S. Deeks
International Law Studies
No abstract provided.
Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow
Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow
International Law Studies
No abstract provided.
Mission Impossible? International Law And The Changing Character Of War, John F. Murphy
Mission Impossible? International Law And The Changing Character Of War, John F. Murphy
International Law Studies
No abstract provided.
The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren
The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren
International Law Studies
No abstract provided.
Responses To The Ten Questions, Mary Ellen O'Connell
Responses To The Ten Questions, Mary Ellen O'Connell
Journal Articles
The Journal of the National Security Forum (JNSF) Board of Editors posed ten questions on national security to a group of national-security law experts. Professor Mary Ellen O’Connell’s answers to the ten questions are presented.
Afghanistan And The Nature Of Conflict, Charles Garraway
Afghanistan And The Nature Of Conflict, Charles Garraway
International Law Studies
No abstract provided.
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
International Law Studies
No abstract provided.
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
International Law Studies
No abstract provided.
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
International Law Studies
No abstract provided.