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Full-Text Articles in Law
Introductory Note To The United States Supreme Court: Graham V. Florida & The Federal Court Of Australia: Habib V. Australia, Chris Jenks
Faculty Journal Articles and Book Chapters
This introductory note considers two different and completely unrelated cases: Graham, a U.S. Supreme Court criminal case on the cruel and unusual punishment clause of the U.S. Constitution and Habib, an Australian civil case involving a former Guantanamo Bay detainee. This note focuses on one aspect of the disparate nature of the cases, starkly contrasting judicial attitudes towards the role of “foreign law” in domestic jurisprudence. Juxtaposed, the two cases offer an interesting view of not only the obvious differences between the U.S. inward and the Australian outward looking judicial philosophies, but perhaps a broader sense of how the two …
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Faculty Journal Articles and Book Chapters
This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.
Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks
Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks
Faculty Journal Articles and Book Chapters
This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2010.