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Full-Text Articles in Law

Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto Apr 2024

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 Nov 2017

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 Oct 2003

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 Jul 2003

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 Jul 2003

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 Oct 1996

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 Oct 1995

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 Oct 1995

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 Oct 1995

The Power Over War, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.


"Little Wars" And The Constitution, Jules Lobel Oct 1995

"Little Wars" And The Constitution, Jules Lobel

University of Miami Law Review

No abstract provided.


Ely, Black, Grotius & Vattel, Patrick O. Gudridge Oct 1995

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 Oct 1995

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 Oct 1995

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 Oct 1995

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 Oct 1995

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 Oct 1995

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

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 Sep 1988

The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard

University of Miami Law Review

No abstract provided.