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Full-Text Articles in Law
The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow
The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow
Mary Ellen O'Connell
The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th Edition captures the critical developments for law students as they prepare for the global legal marketplace.Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.Professor …
Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell
Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell
Mary Ellen O'Connell
Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …