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Articles 1 - 29 of 29
Full-Text Articles in Law
Making The Best From A Mess: Mental Health, Misconduct, And The "Insanity Defense" In The Va Disability Compensation System, Caleb R. Stone
Making The Best From A Mess: Mental Health, Misconduct, And The "Insanity Defense" In The Va Disability Compensation System, Caleb R. Stone
Faculty Publications
The disability compensation system implemented by the Department of Veterans Affairs ("VA") is highly technical and complex. Before veterans reach questions concerning entitlement to benefits or the amount of compensation, they must first achieve basic eligibility for VA benefits. That involves receiving a discharge that is "honorable" for VA purposes. For some former servicemembers seeking benefits, using the VA's "insanity defense" to excuse misconduct leading to a less-than-honorable discharge may be the best avenue for obtaining compensation. The VA insanity provision contemplated in 38 U.S.C. s. 5303(b) and defined in 38 C.F.R. s. 3.354 is the only "defense" that allows …
Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs
Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs
Faculty Publications
It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …
From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer
From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer
Faculty Publications
No abstract provided.
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Faculty Publications
No abstract provided.
Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts
Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts
Faculty Publications
No abstract provided.
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
Faculty Publications
No abstract provided.
From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts
From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts
Faculty Publications
Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6%of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school clinics across the country …
In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner
In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner
Faculty Publications
No abstract provided.
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Faculty Publications
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
Faculty Publications
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
Faculty Publications
No abstract provided.
Book Review Of A Jurisprudence Of Power: Victorian Empire And The Rule Of Law, Michael Ashley Stein
Book Review Of A Jurisprudence Of Power: Victorian Empire And The Rule Of Law, Michael Ashley Stein
Faculty Publications
No abstract provided.
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Faculty Publications
No abstract provided.
Book Review Of The Law Of War, Linda A. Malone
Book Review Of The Law Of War, Linda A. Malone
Faculty Publications
No abstract provided.
Book Review Of The Palestine Problem In International Law And World Order, Linda A. Malone
Book Review Of The Palestine Problem In International Law And World Order, Linda A. Malone
Faculty Publications
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Faculty Publications
No abstract provided.
Arab-Israeli Conflict, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Faculty Publications
No abstract provided.
The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.
The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.
Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
International Law And The American Hostages In Iran, Walter L. Williams Jr.
International Law And The American Hostages In Iran, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
U.S. V. Mcomber, A Brief Critique, Fredric I. Lederer
U.S. V. Mcomber, A Brief Critique, Fredric I. Lederer
Faculty Publications
No abstract provided.
The Law Of War And Personnel Infrastructure: A Proposed Inquiry Into Maximizing The Contributions Of Nonlawyer Officers And Of Military Instruction In Support Of The Law Of War, Walter L. Williams Jr.
The Law Of War And Personnel Infrastructure: A Proposed Inquiry Into Maximizing The Contributions Of Nonlawyer Officers And Of Military Instruction In Support Of The Law Of War, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii
Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Absence Without Leave - The Nature Of The Offense, Fredric I. Lederer
Absence Without Leave - The Nature Of The Offense, Fredric I. Lederer
Faculty Publications
No abstract provided.
Commentary, W. Taylor Reveley Iii
The Universal Draft And Constitutional Limitations, Joseph M. Cormack
The Universal Draft And Constitutional Limitations, Joseph M. Cormack
Faculty Publications
No abstract provided.