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1994

Military, War, and Peace

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Articles 1 - 30 of 32

Full-Text Articles in Law

Defending Against Defense: Civil Resistance, Necessity And The United States Military’S Toxic Legacy, Kyle Bettigole Aug 1994

Defending Against Defense: Civil Resistance, Necessity And The United States Military’S Toxic Legacy, Kyle Bettigole

Boston College Environmental Affairs Law Review

No abstract provided.


Balkan War Crimes Trials: Forum Selection , Matthew I. Kupferberg Aug 1994

Balkan War Crimes Trials: Forum Selection , Matthew I. Kupferberg

Boston College International and Comparative Law Review

No abstract provided.


Burma's Rohingyas In Crisis: Protection Of "Humanitarian" Refugees Under International Law, Thomas K. Ragland Jun 1994

Burma's Rohingyas In Crisis: Protection Of "Humanitarian" Refugees Under International Law, Thomas K. Ragland

Boston College Third World Law Journal

No abstract provided.


The Fall Of Yugoslavia: The Third Balkan War By Misha Glenny, Joanne Kelsey Jun 1994

The Fall Of Yugoslavia: The Third Balkan War By Misha Glenny, Joanne Kelsey

Boston College Third World Law Journal

No abstract provided.


Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker May 1994

Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker

Penn State International Law Review

No abstract provided.


War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt May 1994

War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt

Michigan Law Review

A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely


Executive Detention In Time Of War, Richard A. Posner May 1994

Executive Detention In Time Of War, Richard A. Posner

Michigan Law Review

A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson


Forthwith Service, Rule 4(M) And The Maritime Waiver Of Sovereign Immunity, James David Phipps Mar 1994

Forthwith Service, Rule 4(M) And The Maritime Waiver Of Sovereign Immunity, James David Phipps

Brigham Young University Journal of Public Law

No abstract provided.


Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley Feb 1994

Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley

William & Mary Bill of Rights Journal

No abstract provided.


Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule Jan 1994

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.


Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr. Jan 1994

Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.

The John Marshall Law Review

No abstract provided.


Gays And Lesbians In The Military: A Rationally Based Solution To A Legal Rubik’S Cube, David A. Schlueter Jan 1994

Gays And Lesbians In The Military: A Rationally Based Solution To A Legal Rubik’S Cube, David A. Schlueter

Faculty Articles

This article addresses legislation which was an attempt to accommodate homosexuals serving in the military. The author concludes that Congress had a rational basis for adopting a policy of limited accommodation. The issue of homosexuals in the armed forces presented Congress with a significant challenge to the exercise of its constitutionally-based powers to regulate the military. Prior to the enactment of the “don’t ask, don’t tell” policy, homosexuals were banned from service in the United States military. Congress had the option to continue the ban on homosexuals in the military, become fully accommodating by allowing them to serve ...


Recent Army Jag Corps Initiatives To Enhance Human Rights, Jeffrey F. Addicott Jan 1994

Recent Army Jag Corps Initiatives To Enhance Human Rights, Jeffrey F. Addicott

Faculty Articles

The Army Judge Advocate General’s Corps (JAGC) has recently undertaken two significant initiatives. These initiatives are designed to enhance human rights training at the United States Army School of the Americas (SOA). First, in August of 1994, an Army judge advocate, Major Dennis Cruz-Perez, was assigned to a field grade officer staff position at the SOA. Second, the International and Operational Law Division, Office of The Judge Advocate General, has developed a new three-hour block of instruction designed to teach students how to conduct and institutionalize human rights training in their own militaries..

The development of a new block ...


Policy Guidance For The Transfer Of Dod Installations To The Government Of Panama, Jeffrey F. Addicott Jan 1994

Policy Guidance For The Transfer Of Dod Installations To The Government Of Panama, Jeffrey F. Addicott

Faculty Articles

Under the provisions of the 1977 Panama Canal Treaty, all United States military forces will be withdrawn from the Government of Panama (GOP). Additionally, by December 31, 1999, all United States military installations and other facilities will be turned over to the GOP.

To better accomplish the transfer of Department of Defense’s (DOD) installations to the GOP, the Panama Canal Treaty Implementation Plan Agency (TIPA) released a comprehensive policy guidance document (PGD) entitled “Policy Guidance for the Transfer of DOD Installations to the Government of Panama.” Army lawyers have been instrumental in helping draft this document, and the four ...


Peace Perspective On The Taiwan United Nations Membership Question, 28 J. Marshall L. Rev. 259 (1994), Walter J. Kendall Iii Jan 1994

Peace Perspective On The Taiwan United Nations Membership Question, 28 J. Marshall L. Rev. 259 (1994), Walter J. Kendall Iii

The John Marshall Law Review

No abstract provided.


Sticks, Stones And Broken Bones: Military Law’S Criteria For Aggravated Assault, Michael F. Noone Jr., Mary Jo Wiley Jan 1994

Sticks, Stones And Broken Bones: Military Law’S Criteria For Aggravated Assault, Michael F. Noone Jr., Mary Jo Wiley

Scholarly Articles and Other Contributions

No abstract provided.


The Third Circuit Expands The Government Contractor Defense To Include Nonmilitary Contractors, Kelly A. Moore Jan 1994

The Third Circuit Expands The Government Contractor Defense To Include Nonmilitary Contractors, Kelly A. Moore

Washington University Law Review

No abstract provided.


Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel Jan 1994

Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel

Florida State University Law Review

No abstract provided.


War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler Jan 1994

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Perspectives On The Gulf War, Majid Khadduri Jan 1994

Perspectives On The Gulf War, Majid Khadduri

Michigan Journal of International Law

Review of Crisis in the Gulf: Enforcing the Rule of Law by John Norton Moore, and The Gulf Conflict, 1990-1991: Diplomacy and War in the New World Order by Lawrence Freedman and Efraim Karsh


Bridling The International Trade Of Catastrophic Weaponary, Barry Kellman Jan 1994

Bridling The International Trade Of Catastrophic Weaponary, Barry Kellman

American University Law Review

No abstract provided.


International Law And Civil Wars, Gregory H. Fox Jan 1994

International Law And Civil Wars, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.


Everybody Had His Own Gringo: The Cia And The Contras By Glenn Garvin, Kathleen Waters Jan 1994

Everybody Had His Own Gringo: The Cia And The Contras By Glenn Garvin, Kathleen Waters

Boston College Third World Law Journal

No abstract provided.


The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres Jan 1994

The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres

Penn State International Law Review

No abstract provided.


United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon Jan 1994

United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon

Michigan Journal of International Law

Part I of this article will examine the concept of domestic jurisdiction. One of the principal purposes of the United Nations is the maintenance of international peace and security, which in 1946 was thought to essentially entail maintaining the peace between nation States. Internal power struggles and conflicts were thought to be within the jurisdiction of the State where they took place, unless they posed a rather substantial "threat" to the peace. Thus, the drafters of the U.N. Charter made sharp distinctions between internal and international conflicts. For instance, the Charter generally proscribes international, but not domestic, conflict, and ...


Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk Jan 1994

Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk

Michigan Journal of International Law

At a dinner in Istanbul with Kurdish journalists and academicians in early 1992, a young sociologist told the author that he had just finished a survey of Kurdish attitudes toward different solutions to the Kurdish problem. His principal finding was that Kurds living in the Middle East were generally in favor of modest solutions within the boundaries of existing States, while Kurds living in exile were overwhelmingly in support of the establishment of a single sovereign State, to be called Kurdistan, that would provide a homeland for all Kurdish people. Whether or not the study would satisfy social science standards ...


A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland Jan 1994

A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland

Michigan Journal of International Law

This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) in ...


Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr. Jan 1994

Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.

Faculty Scholarship

Colonel Dunlap argues that civilian control of the United States military is eroding as a result of seemingly disparate phenomena. Colonel Dunlap first examines the American tradition of antimilitarism, which he believes no longer effectively restrains the modern armed forces. He then analyzes the effects of the military's elevated public support, the evolving nature of the leadership elite, and the increasing vulnerability of constitutional safeguards to military influence. In an effort to assess the current predicament, Colonel Dunlap introduces the new paradigm of postmodern militarism that challenges traditional notions of civilian control. Noting the potential long-term implications of excessive ...


Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld Jan 1994

Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld

Faculty Publications

This Article examines the history of a Vietnam War-era case: the court-martial of Dr. Howard B. Levy. The U.S. Army court-martialled Dr. Levy for refusing to teach medicine to Green Beret soldiers and for criticizing both the Green Berets and American involvement in Vietnam. Although the Supreme Court eventually upheld Levy's conviction in Parker v. Levy, its decision obscures the political content of Levy's court-martial and its relationship to the war. At the court-martial Levy sought to defend himself by showing that his disparaging remarks about the Green Berets, identifying them as "killers of peasants and murderers ...


The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen Jan 1994

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the ...