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Articles 1 - 26 of 26
Full-Text Articles in Law
Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto
Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto
University of Miami Law Review
When regulating the bad, albeit illegal, choices made by minors, the law is conflicted. On the one hand, we have a clear national policy to ensure the safety of and to promote the positive development of our young people, yet we simultaneously criminalize minors who make bad choices. This conundrum raises a quintessential jurisprudential flaw in our legal system: We lack a unifying, overarching principle that guides the law’s relationship with minors. In a companion piece, I pose and explore such a unifying principle, which I coin as the “best interest of the minor” standard (“BIMS”). Consequently, this Article applies …
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
University of Miami Law Review
Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …
The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak
The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak
University of Miami Law Review
No abstract provided.
And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks
And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks
University of Miami Law Review
No abstract provided.
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
University of Miami Law Review
No abstract provided.
War Powers "Short Of War", Louis Henkin
War Powers "Short Of War", Louis Henkin
University of Miami Law Review
No abstract provided.
Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon
Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon
University of Miami Law Review
No abstract provided.
War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh
War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh
University of Miami Law Review
No abstract provided.
The Power Over War, Abraham D. Sofaer
The Power Over War, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
"Little Wars" And The Constitution, Jules Lobel
"Little Wars" And The Constitution, Jules Lobel
University of Miami Law Review
No abstract provided.
Ely, Black, Grotius & Vattel, Patrick O. Gudridge
Ely, Black, Grotius & Vattel, Patrick O. Gudridge
University of Miami Law Review
No abstract provided.
After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger
After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger
University of Miami Law Review
No abstract provided.
The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman
The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman
University of Miami Law Review
No abstract provided.
Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh
Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh
University of Miami Law Review
No abstract provided.
War Powers And Congress, Dante Fascell
War Powers And Congress, Dante Fascell
University of Miami Law Review
No abstract provided.
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
University of Miami Law Review
No abstract provided.
Do We Have An Imperial Congress?, John Norton Moore
Do We Have An Imperial Congress?, John Norton Moore
University of Miami Law Review
No abstract provided.
The Role Of Intelligence In A Free Society, William H. Webster
The Role Of Intelligence In A Free Society, William H. Webster
University of Miami Law Review
No abstract provided.
Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii
Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii
University of Miami Law Review
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
University of Miami Law Review
No abstract provided.
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
University of Miami Law Review
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
University of Miami Law Review
No abstract provided.
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski
Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski
University of Miami Law Review
No abstract provided.
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
University of Miami Law Review
No abstract provided.
The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
University of Miami Law Review
No abstract provided.