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Full-Text Articles in Law

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash Jun 2015

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash

Michigan Law Review

With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …


War Is Governance: Explaining The Logic Of The Laws Of War From A Principal-Agent Perspective, Eyal Benvenisti, Amichai Cohen Jan 2014

War Is Governance: Explaining The Logic Of The Laws Of War From A Principal-Agent Perspective, Eyal Benvenisti, Amichai Cohen

Michigan Law Review

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …


Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney Nov 2013

Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney

Michigan Law Review

By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …


A Time For Presidential Power? War Time And The Constrained Executive, David Levine Apr 2013

A Time For Presidential Power? War Time And The Constrained Executive, David Levine

Michigan Law Review

Between 2002 and 2008 I served as an intelligence officer in the U.S. Air Force. Though I had been deployed overseas several times, my primary place of duty was in the United States. When I landed at Baghdad International Airport in June 2006, however, several things immediately changed for me as a result of military regulations. I had to carry my sidearm and dog tags at all times. I could not eat anywhere other than a U.S. military installation. I could not drink alcohol. My pay was a bit higher. Personally, I was more vigilant, more aware of my surroundings. …


Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway Jan 2011

Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway

Michigan Law Review

We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has failed to address this modern reality. Nowhere is this failure more clear than in the recent U.S. conflict in Iraq. Congress self-consciously restricted the war's aims to narrow purposes-expressly authorizing a limited war. But the Bush Administration evaded these constitutional limits and transformed a well-defined and limited war into an open-ended conflict operating beyond constitutional boundaries. President Obama has thus far failed to repudiate these acts of presidential unilateralism. If he continues on this course, he will consolidate the precedents set by …


Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez Jun 1998

Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez

Michigan Law Review

In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …


Palestine And Israel: A Challenge To Justice, James E. Hopenfeld May 1991

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley


The Conduct Of Just And Limited War, Michigan Law Review Mar 1983

The Conduct Of Just And Limited War, Michigan Law Review

Michigan Law Review

A Review of The Conduct of Just and Limited War by William V. O'Brien


Normative And Policy Restraints On War, William V. O'Brien Mar 1981

Normative And Policy Restraints On War, William V. O'Brien

Michigan Law Review

A Review of Restraints on War: Studies in the Limitation of Armed Conflict edited by Michael Howard, and Humanitarian Politics: The International Committee of the Red Cross by David P. Forsythe


Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review Jun 1971

Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review

Michigan Law Review

In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.


Fisher: International Conflict For Beginners, Stanley D. Metzger Jun 1970

Fisher: International Conflict For Beginners, Stanley D. Metzger

Michigan Law Review

A Review of International Conflict for Beginners by Roger Fisher


Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed. Nov 1947

Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.

Michigan Law Review

A Review of A CONCISE HISTORY OF THE LAW OF NATIONS. By Arthur Nussbaum.


Retaliation And Neutral Rights, Hessel Edward Yntema May 1919

Retaliation And Neutral Rights, Hessel Edward Yntema

Michigan Law Review

The readjustment of international law to the ever-changing conditions of maritime warfare has always presented problems of extreme difficulty. Particularly is this the case, when, as in the Napoleonic wars and the recent European conflict, belligerents, falling back upon the exceptional plea of necessity, attempt to modify the rights of neutral powers to their own advantage or even to involve them in the conflict. A question of this character, namely, the extent to which a belligerent in pursuing retaliatory measures against 'alleged violations of international law by his opponent, may thereby abridge the admitted rights of neutrals, was raised in …