Law Commons^™

Framers’ Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins

Faculty Publications

The first ten amendments to the United States Constitution, ratified in 1791 and known as the Bill of Rights, create the core of what people today consider their most basic freedoms. Without these rights, and consistent judicial adherence to them, most Americans would not feel secure. There are two major sources of danger to these basic rights: internal and external. Internally, we must protect ourselves from our own infringement of these rights through the firm restrictions that the Constitution places on the government in its treatment of the people. Externally, we must protect our system of maintaining these freedoms from …

American Innocence, Robert N. Strassfeld

Faculty Publications

The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …

Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld

Faculty Publications

This Article examines the history of a Vietnam War-era case: the court-martial of Dr. Howard B. Levy. The U.S. Army court-martialled Dr. Levy for refusing to teach medicine to Green Beret soldiers and for criticizing both the Green Berets and American involvement in Vietnam. Although the Supreme Court eventually upheld Levy's conviction in Parker v. Levy, its decision obscures the political content of Levy's court-martial and its relationship to the war. At the court-martial Levy sought to defend himself by showing that his disparaging remarks about the Green Berets, identifying them as "killers of peasants and murderers of women and …

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …

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

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Arab-Israeli Conflict, Linda A. Malone

Faculty Publications

No abstract provided.

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.

Faculty Publications

No abstract provided.

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.

Faculty Publications

No abstract provided.

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.

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

Commentary, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

The Universal Draft And Constitutional Limitations, Joseph M. Cormack

Faculty Publications

No abstract provided.