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Full-Text Articles in Law

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies Jul 2018

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies Jun 2018

Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn Feb 2018

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn

William & Mary Law Review

Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S. military to …


The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon Jan 2018

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon

Law Faculty Research Publications

No abstract provided.