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Articles 1 - 5 of 5
Full-Text Articles in Law
Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent
Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent
Book Chapters
The constitutional text governing national security law is full of gaps, oversights, and omissions. In combination with the authorization principle -- which requires all federal actors to identify particularized authority for their actions -- these gaps have often presented an acute dilemma for Presidents charged with defending the nation. Focusing on three periods in American history, this chapter sketches the historical evolution of how the political branches have responded.
First, the early republic. During this period, presidents responded to the authorization dilemma by seeking highly particularized authorization from the two other constitutional branches of government. Throughout the era, presidents’ claims …
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
We Don't Need More Laws Protecting Our Privacy From Drones?, Caren M. Morrison
Caren Myers Morrison
No abstract provided.
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
Manipulating And Hiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams
Manipulating And Hiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams
Faculty Publications By Year
No abstract provided.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Michigan Journal of International Law
This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …