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Full-Text Articles in Law

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone Jul 2022

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone

Buffalo Law Review

No abstract provided.


The Presidential Coup, Anthony J. Ghiotto Mar 2022

The Presidential Coup, Anthony J. Ghiotto

Buffalo Law Review

What prevents the President from abusing the military power at his disposal to stage a coup and actively impose presidential rule upon the United States? What if generations of presidential assertions of authority, congressional acquiescence, and judicial abdication have not only laid the groundwork for the President to use military power to impose his will, but in fact have legally sanctioned such a presidential coup? And what if the informal checks and balances that historically protected against such abuse—specifically a benevolent President, a constitutionally faithful military, intra-executive branch checks, and public opinion—have also eroded to no longer function as checks? …


A Sisterhood Of Arms: Envisioning Conscription And Selective Service Post-Gender Integration Of Combat Arms, Erin R. Goldberg Dec 2016

A Sisterhood Of Arms: Envisioning Conscription And Selective Service Post-Gender Integration Of Combat Arms, Erin R. Goldberg

Buffalo Law Review

No abstract provided.


Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci Dec 2015

Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci

Buffalo Law Review

No abstract provided.


Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish Apr 2012

Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish

Buffalo Law Review

This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its final judgment and verdicts, has largely …


Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson Apr 2012

Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson

Buffalo Law Review

No abstract provided.


Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett Apr 2012

Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett

Buffalo Law Review

No abstract provided.


Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller Apr 2012

Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller

Buffalo Law Review

No abstract provided.


Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak Apr 2012

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

Buffalo Law Review

No abstract provided.


The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua Dec 2006

The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua

Buffalo Law Review

On October 15, 2005 an Iraq ravaged by a civil war spawned by the 2003 American invasion and subsequent occupation voted to decide the fate of a permanent constitution for the country. Although many Sunni Arabs took part in the vote, the referendum lost in the three governorates where they form a majority. But the constitution was approved because opponents only succeeded in recording "no" votes larger than two-thirds in only two of Iraq's eighteen provinces, in effect one province short of a veto. A two-thirds rejection in three provinces would have doomed the charter and the transition to a …


Bin Laden's War, David A. Westbrook Dec 2006

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …


Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick Oct 1999

Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick

Buffalo Law Review

No abstract provided.


When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman Oct 1974

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Buffalo Law Review

No abstract provided.


The Case For An Unconditional, Universal Amnesty For Draft Evaders And Armed Forces Deserters, William D. Wick Oct 1972

The Case For An Unconditional, Universal Amnesty For Draft Evaders And Armed Forces Deserters, William D. Wick

Buffalo Law Review

No abstract provided.


Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame Oct 1970

Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame

Buffalo Law Review

Welsh v. United States, 398 U.S. 833 (1970).


Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley Jan 1970

Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley

Buffalo Law Review

United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).


Constitutional Law—The Serviceman’S Right To A Civilian Trial For A Non-Service Connected Crime, Bruce R. Fenwick Jan 1970

Constitutional Law—The Serviceman’S Right To A Civilian Trial For A Non-Service Connected Crime, Bruce R. Fenwick

Buffalo Law Review

O'Callahan v. Parker, 395 U.S. 258 (1969).


J.G. Starke, An Introduction To The Science Of Peace (Ireneology)., W. Paul Gormley Apr 1969

J.G. Starke, An Introduction To The Science Of Peace (Ireneology)., W. Paul Gormley

Buffalo Law Review

No abstract provided.


The Law Of Awol. By Alfred Avins., James R. Lunney U.S. Attorney’S Office For The Southern District Of New York Jan 1958

The Law Of Awol. By Alfred Avins., James R. Lunney U.S. Attorney’S Office For The Southern District Of New York

Buffalo Law Review

No abstract provided.


Miscellaneous—Militia, Howard L. Meyer Ii Jan 1956

Miscellaneous—Militia, Howard L. Meyer Ii

Buffalo Law Review

Nistal v. Hausauer, 308 N. Y. 146, 124 N. E. 2d 94 (1954).


Advance To Barbarism—How The Reversion To Barbarism In Warfare And War-Trials Menaces Our Future. By F. J. P. Veale., Richard Arens Apr 1954

Advance To Barbarism—How The Reversion To Barbarism In Warfare And War-Trials Menaces Our Future. By F. J. P. Veale., Richard Arens

Buffalo Law Review

No abstract provided.


Selective Service—Non-Disclosure Of F.B.I. Report Did Not Invalidate Hearing Procedure, Edward Schmitt Dec 1953

Selective Service—Non-Disclosure Of F.B.I. Report Did Not Invalidate Hearing Procedure, Edward Schmitt

Buffalo Law Review

United States v. Nugent, 346 U. S. 1 (1953).


Military Justice, Command, And The Field Soldier, Albert R. Mugel Apr 1953

Military Justice, Command, And The Field Soldier, Albert R. Mugel

Buffalo Law Review

No abstract provided.


Wartime Security And Liberty Under Law, Robert H. Jackson Dec 1951

Wartime Security And Liberty Under Law, Robert H. Jackson

Buffalo Law Review

Address delivered at Buffalo Law School, May 9, 1951, as part of the initial James McCormack Mitchell lectures.