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Articles 1 - 9 of 9
Full-Text Articles in Law
Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow
Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow
International Law Studies
No abstract provided.
Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman
Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman
International Law Studies
No abstract provided.
Retail Rebellion And The Second Amendment, Darrell A. H. Miller
Retail Rebellion And The Second Amendment, Darrell A. H. Miller
Indiana Law Journal
When, if ever, is there a Second Amendment right to kill a cop? This piece seeks to answer that question. In District of Columbia v. Heller, the Supreme Court held that the Second Amendment codifies a natural right to keep and bear arms for selfdefense. That right to self-defense extends to both private and public threats, including self-defense against agents of a tyrannical government. Moreover, the right is individual. Individuals―not just communities―have the right to protect themselves from public violence. Individuals―not just militias―have the right to defend themselves against tyranny. In McDonald v. City of Chicago, the Court went further, …
State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines
State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines
West Virginia Law Review
No abstract provided.
Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green
Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green
Michigan Journal of International Law
It is incontrovertible that the prohibition of the unilateral use of force is a fundamental aspect of the United Nations (U.N.) era system for governing the relations between states. Given this fact, the prohibition, as set out most crucially in Article 2(4) of the U.N. Charter, is often seen as the archetypal example of a jus cogens norm (a "peremptory norm" of general international law). Certainly, an overwhelming majority of scholars view the prohibition as having a peremptory character. Similarly, the International Law Commission (ILC) has taken this view and it is arguable that the International Court of Justice (ICJ) …
The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal
The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal
Vanderbilt Journal of Transnational Law
Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. This Article examines the relationship between the two prohibitions--of the use and threat of force--and considers the largely unexplored possibility of states utilizing a threat of force as a means of lawful defensive response: self-defense in the form of a threat. The status of this …
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres
After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres
Case Western Reserve Journal of International Law
No abstract provided.
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Indiana Law Journal
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …