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Full-Text Articles in Law
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Articles by Maurer Faculty
War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …
Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters
Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters
Articles by Maurer Faculty
One might expect massed armor crossing an international frontier to constitute the paradigmatic example of aggression — a case perfectly fit to analyze with the rules of jus ad bellum — and in the first flush and shock of the Georgian War in 2008, this is exactly how Western leaders described Russia’s actions. Yet that August, a constellation of circumstances combined to produce an anomalous outcome: an international war without any aggressor or any wrongful violation of territorial integrity. In theory — in doctrine — this is not supposed to happen.
The key to this puzzle is the special regime …
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
Articles by Maurer Faculty
This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …
War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler
War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Christian Peace Ethic And The Doctrine Of Just War From The Point Of View Of International Law, Jost Delbruck, Klaus Dicke
The Christian Peace Ethic And The Doctrine Of Just War From The Point Of View Of International Law, Jost Delbruck, Klaus Dicke
Articles by Maurer Faculty
No abstract provided.
The War Manpower Program And The Lawyer, Bernard C. Gavit
The War Manpower Program And The Lawyer, Bernard C. Gavit
Articles by Maurer Faculty
The practice of law is not a war industry. It is a governmental service, because the ultimate function of government is the formulation and administration of law. In time of war emphasis shifts from the ultimate to the immediate. Lawyers will be called upon to exercise their powers of leadership and utilize their abilities to assist in a fair administration of this program.