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Full-Text Articles in Law

Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa Jul 2021

Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa

The International Journal of Ethical Leadership Special Volumes

The Inamori International Center for Ethics and Excellence awards an annual prize for the best thesis in military ethics to promote active involvement in the study and application of military ethics, including: Just War Theory; the Conduct of War; the Law of Armed Conflict (LOAC); International Humanitarian Law (IHL); and other related fields that include the study of human rights issues in the context of armed conflict.

In an effort to foster global discussion of pressing issues in military ethics and improve the accessibility of the field in languages other than English, the Inamori Center publishes the winning theses, in …


Just War Traditions And Revisions, Joseph Chapa Jul 2021

Just War Traditions And Revisions, Joseph Chapa

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell Jul 2021

Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Empathy And Jus In Bello, Kevin Cutright Jul 2021

Empathy And Jus In Bello, Kevin Cutright

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris Jan 2016

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …


Executive Power In A War Without End: Goldsmith, The Erosion Of Executive Authority On Detention, And The End Of The War On Terror, Sandra L. Hodgkinson Jan 2012

Executive Power In A War Without End: Goldsmith, The Erosion Of Executive Authority On Detention, And The End Of The War On Terror, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.


Military Neoliberalism: Endless War And Humanitarian Crisis In The Twenty-First Century, Michael Schwartz Jan 2011

Military Neoliberalism: Endless War And Humanitarian Crisis In The Twenty-First Century, Michael Schwartz

Societies Without Borders

This article seeks to understand the dynamics of twenty-first century military intervention by the United States and its allies. Based on an analysis of Bush and Obama administration policy documents, we note that these wars are new departures from previous interventions, calling on the military to undertake post-conflict reconstruction in ways that was previously left to indigenous government or to the civilian aspects of the occupation. This military-primary reconstruction is harnessed to ambitious neoliberal economics aimed at transforming the host country’s political economy. Utilizing the Iraq and Afghanistan interventions as case studies, the study analyzes the dynamics set in motion …


International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy Jan 2011

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.


After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres Jan 2011

After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.


Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank Jan 2011

Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.


Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano Jan 2010

Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano

Faculty Publications

Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.


The Curious Career Of Lawfare, Wouter G. Werner Jan 2010

The Curious Career Of Lawfare, Wouter G. Werner

Case Western Reserve Journal of International Law

No abstract provided.


Semiotic Definition Of Lawfare, Susan W. Tiefenbrun Jan 2010

Semiotic Definition Of Lawfare, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.


On Legal Subterfuge And The So-Called "Lawfare" Debate, Leila Nadya Sadat, Jing Geng Jan 2010

On Legal Subterfuge And The So-Called "Lawfare" Debate, Leila Nadya Sadat, Jing Geng

Case Western Reserve Journal of International Law

No abstract provided.


Lawfare Or Strategic Communications?, Gregory P. Noone Dr. Jan 2010

Lawfare Or Strategic Communications?, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.


Does Lawfare Need An Apologia?, Charles J. Dunlap Jr. Jan 2010

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Case Western Reserve Journal of International Law

No abstract provided.


Illustrating Illegitimate Lawfare, Michael A. Newton Jan 2010

Illustrating Illegitimate Lawfare, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.


‘Lose In Vietnam, Bring Our Boys Home’, Robert N. Strassfeld Jan 2004

‘Lose In Vietnam, Bring Our Boys Home’, Robert N. Strassfeld

Faculty Publications

This Article examines the contest over dissent and loyalty during the Vietnam War. The Johnson and Nixon Administrations used an array of weapons to discourage or silence antiwar opposition. These included criminal prosecutions for "disloyal speech," a tool that they used with less frequency than some other administrations in times of war; prosecutions for other "crimes" that served as pretext for prosecuting disloyal speech; infiltration and harassment; and an attempt to characterize their critics as disloyal. The antiwar movement, in turn, responded to allegations that dissent equaled disloyalty by offering an alternative vision of loyalty and patriotism. In so doing, …