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Articles 31 - 60 of 88
Full-Text Articles in Law
Deconstructing Truth: A Review Of Carol Burke's Book "Camp All-American, Hanoi Jane, And The High-And-Tight: Gender, Folklore, And Changing Military Culture", Charles H. Rose Iii
Deconstructing Truth: A Review Of Carol Burke's Book "Camp All-American, Hanoi Jane, And The High-And-Tight: Gender, Folklore, And Changing Military Culture", Charles H. Rose Iii
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Quiet Revolution: Repeal Of The Exclusionary Statutes In Combat Aviation - What We Have Learned From A Decade Of Integration, Alice W.W. Parham
The Quiet Revolution: Repeal Of The Exclusionary Statutes In Combat Aviation - What We Have Learned From A Decade Of Integration, Alice W.W. Parham
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Human Rights In Guatemala, Jennifer Archibald
Human Rights In Guatemala, Jennifer Archibald
Human Rights & Human Welfare
Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.
Examining The Declining Utility Of Military Force, Ali Wyne
Examining The Declining Utility Of Military Force, Ali Wyne
Human Rights & Human Welfare
A review of:
The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
Michigan Journal of International Law
This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …
A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto
A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto
Michigan Journal of Gender & Law
This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …
Military Recruitment In Schools Gets Personal, Suzanne E. Blaz
Military Recruitment In Schools Gets Personal, Suzanne E. Blaz
Public Interest Law Reporter
No abstract provided.
The Detainee Treatment Act Of 2005: Embodying U.S. Values To Eliminate Detainee Abuse By Civilian Contractors And Bounty Hunters In Afghanistan And Iraq, Ryan P. Logan
Vanderbilt Journal of Transnational Law
The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the current conflicts in Afghanistan and Iraq. Civilians have been utilized in all facets of those military campaigns, including the interrogation of suspected terrorists or insurgents. Faced with intense pressure to rapidly obtain information about terrorist operations and yet having little oversight of their interrogation activities, some of these contractors and bounty hunters have been accused of abusing detainees. This Note explores the legal avenues for addressing accusations of detainee abuse by U.S. civilians in Afghanistan and Iraq and concludes …
A Case For Reparations: The Plight Of The African-American World War Ii Veteran Concerning Federal Discriminatory Housing Practices , Ladavia S. Hatcher
A Case For Reparations: The Plight Of The African-American World War Ii Veteran Concerning Federal Discriminatory Housing Practices , Ladavia S. Hatcher
The Modern American
No abstract provided.
International Monetary Fund, Kris Kirby
International Monetary Fund, Kris Kirby
Human Rights & Human Welfare
Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.
Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan
Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan
UIC Law Review
No abstract provided.
Peace Versus Justice, Richard J. Goldstone
U.S. Military Courts And The War In Iraq, Michael J. Frank
U.S. Military Courts And The War In Iraq, Michael J. Frank
Vanderbilt Journal of Transnational Law
Throughout its history, the United States has frequently entrusted to military courts the task of prosecuting insurgents and terrorists during instances of military occupation.
Instead of carrying on this tradition in Iraq, the United States created the Central Criminal Court of Iraq (CCCI) and entrusted a band of Iraqi judges with this task. Infected with corruption, nationalism, tribal loyalties, and anti-U.S. animus, this court has repeatedly thwarted the United States by acquitting or only lightly punishing Iraqi terrorists. Thus, the terrorists have learned that they face an excellent chance of acquittal in the CCCI, or if per chance they are …
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
Recent Developments, John Merritt Lockwood
Recent Developments, John Merritt Lockwood
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Polemics In The Israeli-Palestinian Conflict, Jerome Slater
Polemics In The Israeli-Palestinian Conflict, Jerome Slater
Human Rights & Human Welfare
A review of:
The Case for Israel by Alan Dershowitz. Hoboken, New Jersey: John Wiley & Sons, 2003. 264pp.
and
Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History by Norman G. Finkelstein. Berkeley: University of California Press, 2005. 332pp.
Contending Interventions: Coming To Terms With The Practice And Process Of Enforcing Compliance, Emilian Kavalski
Contending Interventions: Coming To Terms With The Practice And Process Of Enforcing Compliance, Emilian Kavalski
Human Rights & Human Welfare
A review of:
The Purpose of Intervention: Changing Beliefs about the Use of Force by Martha Finnemore. Ithaca, NY: Cornell University Press, 2004. 174pp.
and
International Intervention in the Post-Cold War World: Moral Responsibility and Power Politics edited by Michael C. Davis, Wolfgang Dietrich, Bettina Scholdan, and Dieter Sepp. Armonk, NY: M. E. Sharpe, 2004. 332pp.
Human Rights In Colombia, Mariko Frame
Human Rights In Colombia, Mariko Frame
Human Rights & Human Welfare
With its notoriously vicious paramilitary death squads, rampant drug trade and collusive government, Colombia remains a complex and tumultuous nation. Needless to say, the human rights history of this country has been marked by political violence, absence of due process, and at times a general lawlessness that has made it perpetually unstable. Coupled with Colombia's domestic problems, U.S. involvement in its 'war on drugs' has exacerbated the situations that already were at a boiling point. With an ongoing power struggle between the government, the military and the drug lords, it is no exaggeration to describe Colombia as in a constant …
Human Rights In Cuba, Susan Kemp
Human Rights In Cuba, Susan Kemp
Human Rights & Human Welfare
In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.
Human Rights In Honduras, Andrea Degaetani
Human Rights In Honduras, Andrea Degaetani
Human Rights & Human Welfare
Honduras’ history of human rights violations is rooted in a political culture of militarization. Following a military coup in 1963, Honduras faced strengthened military authority and a decade of harsh military rule. It was also during this time that the United States used the country as a base for Contras fighting leftist Sandinistas in Nicaragua. In 1981 Honduras returned to a parliamentary democracy, electing Roberto Suazo Cordova as president. However, by then the process of militarization had been so heavily funded by the U.S and had made such a significant impact on public policy that little changed for the better. …
The Organization Of American States, Natalie Knowlton
The Organization Of American States, Natalie Knowlton
Human Rights & Human Welfare
The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.
Human Rights In Peru, William Osborne
Human Rights In Peru, William Osborne
Human Rights & Human Welfare
As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.
The Justices And The Generals: A Critical Examination Of The U.S. Supreme Court's Tradition Of Deference To The Military, 1918-2004, Steven B. Lichtman
The Justices And The Generals: A Critical Examination Of The U.S. Supreme Court's Tradition Of Deference To The Military, 1918-2004, Steven B. Lichtman
Maryland Law Review
No abstract provided.
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Michigan Journal of International Law
This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
University of Richmond Law Review
No abstract provided.
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Michigan Journal of International Law
This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, and define a lawful basis or approach to sharing power when governments are confronted with the aforementioned scenario. The Article is polemical and questions the dominant logic that political power-sharing is lawful, legitimate, and unequivocally serves the public good, arguing that power-sharing deals that ignore controlling rules are unlawful and not viable.
Transitional Justice In Times Of Conflict: Colombia's Ley De Justicia Y Paz, Lisa J. Laplante, Kimberly Theidon
Transitional Justice In Times Of Conflict: Colombia's Ley De Justicia Y Paz, Lisa J. Laplante, Kimberly Theidon
Michigan Journal of International Law
The authors of this Article were committed to researching the impact of the paramilitary demobilization process "on the ground"-that is, conducting qualitative research that would allow us to test the validity of different debates with the goal of generating recommendations on how future conflict and post-conflict countries might benefit from the merging of DDR and transitional justice. In this text we draw upon the preliminary results of our research on the individual and collective demobilization programs. The first stage of the project included 112 in-depth interviews with demobilized combatants from the Fuerzas Armadas Revolucionarias de Colombia-Ej rcito del Pueblo (FARC-EP) …
Military Justice In The South, 1865-1868: South Carolina As A Test Case , Thomas D. Morris
Military Justice In The South, 1865-1868: South Carolina As A Test Case , Thomas D. Morris
Cleveland State Law Review
The end of Reconstruction involved an intricate interplay of legal rights and remedies with a bloody mix of racial violence. That is another story. What I have endeavored to address here is the role of the military in the first few years following the military defeat and surrender of the Confederacy.
Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell
Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell
Vanderbilt Journal of Entertainment & Technology Law
Part I of this note provides an overview of the use of media during war. It also reviews case law relating to the military's limited right to freedom of speech under the First Amendment. Part II analyzes the problems of regulating milblogs in terms of societal costs and the technological challenges of regulating behavior on the Internet. This note argues that the military's "unexceptionalist" approach toward regulation, wherein it applies the traditional principles embodied in the UCMJ to milblog regulation, undermines its goal of maintaining operational security and impedes the free flow of ideas. Finally, Part II introduces an "exceptionalist" …
Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen
Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen
St. Mary's Law Journal
The character of property acquired on credit is one of the most vexing in Texas marital property law. The apparent black letter rule is that anything acquired by either spouse on credit during the marriage is community property, unless the creditor agrees at the outset to look only to separate property for repayment. The general rule follows naturally from a core principle of Texas law that everything owned by a married person is presumed community when the basic presumption is combined with the “inception of title” doctrine. In a credit transaction, the borrower acquires some legal right to the loan …