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Articles 1 - 11 of 11
Full-Text Articles in Law
The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman
The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman
Articles
No abstract provided.
Addiction-Informed Immigration Reform, Rebecca Sharpless
Addiction-Informed Immigration Reform, Rebecca Sharpless
Articles
Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of "good moral character" needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today's understanding of addiction. The damage done by failing to …
Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon
Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon
Articles
Mindfulness involves paying attention to present moment experience without discursive commentary or emotional reactivity. Mindfulness training (MT) programs aim to promote this mental mode via introduction to specific mindfulness exercises, related in-class discussion, and ongoing engagement in mindfulness exercises. MT is being increasingly offered to high-demand, high-stress military/uniformed and civilian cohorts with a wide array of reported benefits. Herein, we begin by discussing recent theoretical models regarding MT’s mechanisms of action from a cognitive training/cognitive neuroscience perspective, which propose that MT engages and strengthens three key processes [e.g., 1]. These are: 1) attentional orienting, which is the ability to select …
Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock
Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock
Articles
The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the …
Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock
Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock
Articles
No abstract provided.
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
Articles
No abstract provided.
Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman
Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Rebuilding Afghanistan, Janet Stearns
Rebuilding Afghanistan, Janet Stearns
Articles
The calls to service now are global and diverse, but so are we.
In a previous article in this Journal, I wrote that many of us practicing in the field of housing and community development law had adopted a "myopic" view of the world. At that time, I urged colleagues to consider the problems of growth management facing urban centers around the globe. I concluded that "[n]ow is the time for us to join the global community in the struggle for more decent affordable housing and more sustainable urban development for all people."
The tragic events of September 11 forced …
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Articles
Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China