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Articles 1 - 15 of 15
Full-Text Articles in Law
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
University of Miami Law Review
Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …
The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt
The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt
University of Miami Law Review
The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to the …
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
University of Miami Law Review
Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
War Powers "Short Of War", Louis Henkin
War Powers "Short Of War", Louis Henkin
University of Miami Law Review
No abstract provided.
"Little Wars" And The Constitution, Jules Lobel
"Little Wars" And The Constitution, Jules Lobel
University of Miami Law Review
No abstract provided.
The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman
The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman
University of Miami Law Review
No abstract provided.
Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon
Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon
University of Miami Law Review
No abstract provided.
Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh
Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh
University of Miami Law Review
No abstract provided.
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth
University of Miami Law Review
No abstract provided.
War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh
War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh
University of Miami Law Review
No abstract provided.
War Powers And Congress, Dante Fascell
War Powers And Congress, Dante Fascell
University of Miami Law Review
No abstract provided.
The Power Over War, Abraham D. Sofaer
The Power Over War, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger
After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger
University of Miami Law Review
No abstract provided.
Ely, Black, Grotius & Vattel, Patrick O. Gudridge
Ely, Black, Grotius & Vattel, Patrick O. Gudridge
University of Miami Law Review
No abstract provided.