Law Commons^™

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

Faculty Publications

U.S.engagement in Afghanistan is inevitable, but there will be choices about strategy. In 1952, the U.S.Naval War College convened a lecture series devoted to strategy. On March 20, the lecturer was Harold D.Lasswell, an architect of the New Haven School of Jurisprudence. Lasswell observed, “The aim of strategy is to maximize the realization of the goal values of the body politic.” This article proposes that law is among the available strategic instruments to advance goal values common to the United States, Afghanistan,and the world community.

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …

Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah

Faculty Publications

This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …

Foreword: Lawfare!, Michael P. Scharf, Shannon Pagano

Faculty Publications

Forward to the Case Western Reserve Journal of International Law's symposium "Lawfare!" 2012, Cleveland, OH.

‘Lose In Vietnam, Bring Our Boys Home’, Robert N. Strassfeld

Faculty Publications

This Article examines the contest over dissent and loyalty during the Vietnam War. The Johnson and Nixon Administrations used an array of weapons to discourage or silence antiwar opposition. These included criminal prosecutions for "disloyal speech," a tool that they used with less frequency than some other administrations in times of war; prosecutions for other "crimes" that served as pretext for prosecuting disloyal speech; infiltration and harassment; and an attempt to characterize their critics as disloyal. The antiwar movement, in turn, responded to allegations that dissent equaled disloyalty by offering an alternative vision of loyalty and patriotism. In so doing, …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker

Faculty Publications

Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).

It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Faculty Publications

This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.

Book Review Of The Law Of War, Linda A. Malone

Faculty Publications

No abstract provided.

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Faculty Publications

No abstract provided.

International Law And The American Hostages In Iran, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.