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Full-Text Articles in Law

Creating An Unprecedented Number Of Precedents At The U.S. Court Of Appeals For Veterans Claims, Natsumi Antweiler May 2019

Creating An Unprecedented Number Of Precedents At The U.S. Court Of Appeals For Veterans Claims, Natsumi Antweiler

William & Mary Law Review

No abstract provided.


Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford Mar 2019

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford

William & Mary Bill of Rights Journal

No abstract provided.


The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers Mar 2019

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers

William & Mary Bill of Rights Journal

No abstract provided.


Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter Mar 2019

Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter

William & Mary Bill of Rights Journal

By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.

However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position ...


When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen Mar 2019

When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen

William & Mary Environmental Law and Policy Review

A news report from April 2017 that compiled data from South Sudan, Nigeria, Somalia, and Yemen stated that each country is either experiencing famine or on the brink. These countries and their link to famine is not coincidental: each country is either in the midst of current armed conflict or trying to piece itself back together following an armed conflict. For example, in South Sudan, violent clashes between South Sudan’s army and a rebel militia resulted in the “razing and burning [of] entire villages.”

Famine and other environmental harms are common in pre- and post-conflict countries, often worsened by ...


An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger Apr 2018

An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger

William & Mary Environmental Law and Policy Review

No abstract provided.


The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter Mar 2018

The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter

William & Mary Bill of Rights Journal

Sergeant Bowe Bergdahl and Private First Class Bradley (now Chelsea) Manning have something in common. Military officials unlawfully closed all or portions of their preliminary hearings to the public. When doing so, military officials exploited two unusual features of the military justice system, thereby denying the accused and the media of their respective Sixth Amendment and First Amendment rights to a public hearing.

The first feature is that the military justice system does not include a standing trial-level court. If there is a problem at the preliminary hearing, the accused and media have nowhere to go for help. The accused ...


Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn Feb 2018

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn

William & Mary Law Review

Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S ...


Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston May 2017

Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston

William & Mary Bill of Rights Journal

No abstract provided.


From Rising Heat Comes Rising Tension In Syria: How Global Warming Started A War & Threatens Homeland Security, D'Andre Lampkin Apr 2017

From Rising Heat Comes Rising Tension In Syria: How Global Warming Started A War & Threatens Homeland Security, D'Andre Lampkin

William & Mary Environmental Law and Policy Review

This Essay investigates the links of climate change as it relates to civil unrest and terrorism in Syria and the ongoing civil war occurring in the region. The goals are to explore how climate change leads to instability in the region and gives rise to the spread of terrorist organizations, and to suggest solutions to lay the foundation for restoring economic, social, and political stability in the region.


The Common Law Of War, Jens David Ohlin Nov 2016

The Common Law Of War, Jens David Ohlin

William & Mary Law Review

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a ...


Military Sexual Trauma And Department Of Veterans Affairs Disability Compensation For Ptsd: Barriers, Evidentiary Burdens And Potential Remedies, Kaylee R. Gum Jun 2016

Military Sexual Trauma And Department Of Veterans Affairs Disability Compensation For Ptsd: Barriers, Evidentiary Burdens And Potential Remedies, Kaylee R. Gum

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello May 2015

Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello

William & Mary Law Review

No abstract provided.


Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke Feb 2015

Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke

William & Mary Business Law Review

The Defense Base Act (“DBA” or “Act”) provides a no-fault, insurancebacked workers’ compensation mechanism for compensating private security contractors who are injured overseas. Critics of the Act allege that it should be fundamentally altered or replaced because combat zone work is uninsurable, the Act’s compensation is insufficient, and it is less efficient than the alternatives. This Note argues that, on the contrary, the DBA insurance market is functional and improving, its benefits are sufficient when viewed in combination with contractors’ other compensation, and it is a far more efficient compensation system than is offered by tort litigation. The flaws ...


A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken Feb 2014

A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer May 2013

Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín Dec 2012

Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström Dec 2012

Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld Dec 2012

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke Dec 2012

Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert Nov 2012

A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert

William & Mary Environmental Law and Policy Review

No abstract provided.


Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke Dec 2011

Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters Dec 2011

The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus Dec 2011

The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg Apr 2011

Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg

William & Mary Journal of Race, Gender, and Social Justice

In the wake of the Obama Administration’s pledge to repeal
“Don’t Ask, Don’t Tell” in the United States, the Columbia Law
School Sexuality & Gender Law Clinic undertook a review of how
allies of the United States moved from a policy of banning gay and
lesbian servicemembers from serving in the armed forces to a policy
of allowing these servicemembers to serve openly (“open service”).
In documenting this review, this report aims to provide information
about the decision to implement open service and the mechanics of
the transition to open service in Australia, Canada, Israel, and the
United ...


Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn Apr 2011

Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn

William & Mary Journal of Race, Gender, and Social Justice

This article commences with a discussion of transitional constitutional
design and the ways in which the branches of government
relate to one another, focusing on the consequences of these structures
for women. We are convinced that an analysis of the rights-bearing
portions of a constitution alone is insufficient to fully capture the way
in which power is structured and experienced. Consistent with other
scholars, we start from the view that “constitutions are derived from
a social contract between the constituents who will be governed and
the political actors who will govern; they explain how the society
and government will operate ...


Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller Feb 2011

Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller

William & Mary Environmental Law and Policy Review

No abstract provided.


Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier Dec 2009

Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier

William & Mary Law Review

Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva ...


A Disparate Impact On Female Veterans: The Unintended Consequences Of Veterans Affairs Regulations Governing The Burdens Of Proof For Post-Traumatic Stress Disorder Due To Combat And Military Sexual Trauma, Jennifer C. Schingle Oct 2009

A Disparate Impact On Female Veterans: The Unintended Consequences Of Veterans Affairs Regulations Governing The Burdens Of Proof For Post-Traumatic Stress Disorder Due To Combat And Military Sexual Trauma, Jennifer C. Schingle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz Mar 2008

Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz

William & Mary Law Review

No abstract provided.