Law Commons^™

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

University of Richmond Law Review

No abstract provided.

Prosecuting Child Soldiers: The Call For An International Minimum Age Of Criminal Responsibility, Brittany Ursini

St. John's Law Review

(Excerpt)

This Note discusses the current state of international law on the MACR and proposes a solution that balances the protection of child soldiers with the rights of the victims harmed by their unlawful conduct. Part I of this Note provides a brief background of child soldiers and closely examines the relevant international law addressing the criminal responsibility of child soldiers. Part II illustrates the deficiencies of current international law and describes how the deficiencies affect and contribute to the competing arguments regarding a MACR. Part III discusses the need for an international MACR. Finally, Part IV proposes an international …

Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener

University of Massachusetts Law Review

This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …

Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon

St. Mary's Law Journal

Several Texas Supreme Court Justices have recently criticized Texas’s appellate justice system for its failure to provide consistency and the unfairness it produces, namely how litigants are treated differently despite the identical factual circumstances. Despite the warnings of various Texas Justices, neither the Texas Supreme Court nor the Texas Legislature have done much to rectify the lack of uniform justice received by Texas litigants. Most of the proposals to reform the Texas appellate justice systems’ unfairness have focused exclusively on structural changes. While structural changes could help reduce inconsistent “justice”, these reforms fail to address the main substantive problem—Texas’s weak …

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

United States V. Bean: Shoveling After The Elephant., Pannal Alan Sanders

St. Mary's Law Journal

Over the years Congress has enacted and amended several versions of the United States Code (U.S.C) § 925(c). Several reported cases illustrate the courts’ early efforts to develop a coherent body of jurisprudence with respect to the procedural and substantive aspects of U.S.C. § 925(c) judicial review. Specifically, the § 925(c) denials of relief by the Director before the congressional appropriations ban commenced in 1993. Although the methodology and reasoning behind these decisions differ in their details, several themes are discernable. First, even without the express provisions for judicial review added by the Firearms Owners Protection Act (FOPA), courts consistently …

The Continuing Saga Of Rippling Puddles, Small Handles And Links Of Chains: Wetlands Action Network V. United States Army Corps Of Engineers, Elizabeth A. Roche

Villanova Environmental Law Journal

No abstract provided.

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

The Law Of The Flag, The Law Of Extradition, The Nato Status Of Forces Agreement, And Their Application To Members Of The United States Army National Guard, Fred W. Beesley, Jr.

Vanderbilt Journal of Transnational Law

With the advent of Project Capstone in 1980, the United States Army adopted a master European war plan which committed virtually every Army National Guard and Army Reserve unit to a large-scale field army for use in the European Theater of Operations. The plan was designed to combat a hypothetical offensive by tank-heavy Warsaw Pact forces through the centuries-old Fulda Gap invasion route in the central region of the Federal Republic of Germany, or through the relatively vulnerable North German Plain.

Actions by Warsaw Pact troops in Poland and Afghanistan increase the likelihood that United States contingency war planning will …

Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch

International Law Studies

No abstract provided.

Vietnam And Public International Law: Comment, Anthony A. D'Amato

Vanderbilt Journal of Transnational Law

With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …

Part I. Final Text On The Nato Agreements On Status C. Protocol On The Status Of International Military Headquarters Set Up Pursuant To The North Atlantic Treaty *, Joseph M. Snee

International Law Studies

No abstract provided.

Part I. Final Text Of The Nato Agreements On Status A. Agreement Between The Parties To The North Atlantic Treaty Regarding The Status Of Their Forces, Joseph M. Snee

International Law Studies

No abstract provided.

Introduction, Joseph M. Snee

International Law Studies

No abstract provided.

Naval Courts Martial, Max C. Peterson

Indiana Law Journal

No abstract provided.