Law Commons^™

For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser

Law Student Publications

This article aims to offer a solution for prosecuting terrorists consistently and efficiently in the ever-expanding world of modern warfare. It argues that our country's approach to prosecuting terrorists has been wildly inconsistent, and that clarity and consistency are required moving forward. The executive branch, which directs the path the Department of Justice and military take in these arenas, has been the main instigator of the inconsistency. The decision whether to prosecute foreign, non-citizen terrorists in an Article III federal court or military tribunal/commission has become politicized, allowing political winds to dictate policy, albeit an inconsistent, unprincipled one. The Bush …

Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph

Pepperdine Law Review

No abstract provided.

Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad

Faculty Scholarship

No abstract provided.

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin

All Faculty Scholarship

On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants." The cases arose from the "war on terrorism" that was launched after the attack on the United States on September 11, 2001. When each decision is looked at individually, the result seems to make sense and, given the outcome (affording detainees rights of judicial review), feels good. Yet when these decisions are looked at collectively, it is hard to believe that they were issued by …

The President's Power To Detain "Enemy Combatants": Modern Lessons From Mr. Madison's Forgotten War, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern courts have relied too heavily on deference-based reasoning, and have failed to adequately consider both international law and congressional authorization when upholding the detentions as constitutional. The War of 1812, termed "Mr. Madison's War" by contemporary opponents, was fought largely on our own territory against a powerful foreign enemy, making it an especially rich source for comparison to the modern war …

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson

International Law Studies

No abstract provided.

Motivational Factors Of American Prisoners Of War Held By The Democratic Republic Of Vietnam, Robert J. Naughton

International Law Studies

No abstract provided.

Experiences As A Pow In Vietnam, James B. Stockdale

International Law Studies

No abstract provided.

Prisoners Of War And The Code Of Conduct, William P. Lyons

International Law Studies

No abstract provided.

Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.

Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart

International Law Studies

No abstract provided.

Additional Articles Relating To The Condition Of The Wounded Of Armies In The Field (20 October 1868), Howard S. Levie

International Law Studies

No abstract provided.

1907 Hague Convention Iv With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (18 October 1907), Howard S. Levie

International Law Studies

No abstract provided.

Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.

United States V. Henry Wirz (Washington, 24 October 1865), Howard S. Levie

International Law Studies

No abstract provided.

Treaty Of Peace Of Brest-Litovsk Between Germany, Austria-Hungary, Bulgaria, And Turkey On The One Hand, And Russia On The Other: Together With A German-Russian Agreement Supplementary To The Peace Treaty (3 March 1918)

International Law Studies

No abstract provided.

1899 Hague Convention Iii For The Adaptation To Maritime Warfare Of The Principles Of The Geneva Convention Of August 22, 1864 (29 July 1899), Howard S. Levie

International Law Studies

No abstract provided.

Instructions For The Government Of The Armies Of The United States In The Field (The "Lieber Code") (24 Aprill863), Howard S. Levie

International Law Studies

No abstract provided.

The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie

International Law Studies

No abstract provided.

1899 Hague Convention Ii With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (29 July 1899), Howard S. Levie

International Law Studies

No abstract provided.

The "Usages Of War On Land" (Kriegsbrauch Im Landkriege) (C. 1902), Howard S. Levie

International Law Studies

No abstract provided.

General Orders No. 106, General Headquarters American Expeditionary Forces, France (1 July 1918), Howard S. Levie

International Law Studies

No abstract provided.

Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.

Foreward And Preface, Howard S. Levie

International Law Studies

No abstract provided.

Agreement Between The British And German Governments Concerning Combatant Prisoners Of War And Civilians (The Hague, 14 July 1918), Howard S. Levie

International Law Studies

No abstract provided.