Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Politics (12)
- Military, War, and Peace (10)
- National Security Law (10)
- International Law (9)
- Human Rights Law (7)
-
- President/Executive Department (7)
- International Humanitarian Law (6)
- Constitutional Law (4)
- Judges (4)
- Social and Behavioral Sciences (4)
- Administrative Law (3)
- Civil Rights and Discrimination (3)
- Criminal Law (3)
- Fourteenth Amendment (3)
- Comparative and Foreign Law (2)
- Courts (2)
- Evidence (2)
- First Amendment (2)
- Law and Race (2)
- Legislation (2)
- Public Affairs, Public Policy and Public Administration (2)
- American Politics (1)
- Arts and Humanities (1)
- Criminal Procedure (1)
- Defense and Security Studies (1)
- Disability Law (1)
- Election Law (1)
- Fourth Amendment (1)
- History (1)
- Institution
-
- University of Richmond (10)
- Touro University Jacob D. Fuchsberg Law Center (6)
- U.S. Naval War College (5)
- University of Miami Law School (4)
- University of Massachusetts School of Law (2)
-
- University of New Hampshire (2)
- American University Washington College of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- Pepperdine University (1)
- Schulich School of Law, Dalhousie University (1)
- US Army War College (1)
- University of San Diego (1)
- Publication Year
- Publication
-
- University of Richmond Law Review (9)
- Touro Law Review (6)
- International Law Studies (5)
- University of Miami Law Review (4)
- The University of New Hampshire Law Review (2)
-
- University of Massachusetts Law Review (2)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- ILSA Journal of International & Comparative Law (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Legislation and Policy Brief (1)
- NYLS Law Review (1)
- Notre Dame Law Review (1)
- Richmond Journal of Global Law & Business (1)
- San Diego Law Review (1)
- Societies Without Borders (1)
- The US Army War College Quarterly: Parameters (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
No Apology Until Abolition: Redressing The Ongoing Atrocity Of Slavery, Brandee Mcgee
No Apology Until Abolition: Redressing The Ongoing Atrocity Of Slavery, Brandee Mcgee
San Diego Law Review
There are currently more Black adults under correctional control than there were enslaved at the height of slavery. Despite Black Americans making up only 12% of the domestic population, states imprison them at more than five times the rate of White Americans. In California, the ratio is even higher: the “Black/white disparity [is] larger than 9:1.” Although many White Americans are also imprisoned, Michelle Alexander in The New Jim Crow argues that these White prisoners are “collateral damage” to mask a racialized prison-industrial complex (PIC)—with mass incarceration as the main feature.
In 1865, after decades of activism by the abolitionist …
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 Twenty-Fifth Amendment: Incapacity And Ability To Discharge The Powers And Duties Of Office?, Lawrence J. Trautman
The Twenty-Fifth Amendment: Incapacity And Ability To Discharge The Powers And Duties Of Office?, Lawrence J. Trautman
Cleveland State Law Review
History provides many instances of U.S. presidential or vice presidential incapacity. It was the death of President John F. Kennedy that prompted the 25th Amendment to the Constitution to gain ratification in 1967, in part to establish a method to fill the vice presidency if it became vacant. On Saturday morning September 22, 2018, readers of The New York Times awoke to read a page-one story about how the Deputy Attorney General Rod J. Rosenstein had previously advocated the secret White House recording of President Trump “to expose the chaos consuming the administration, and he discussed recruiting cabinet members to …
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
University of Richmond Law Review
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
University of Massachusetts Law Review
This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …
"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin
"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin
University of Massachusetts Law Review
September 11, 2001 was surely evil incarnate. But out of the shadows and embers of such devilish devastation, going forward, for society to “endure”‖, let alone “prevail”, a “lasting good” must emerge; an enduring immutable and sustainable commitment to peace and non-violence. And, of course, any “lasting good”‖, however utopian or pragmatic would surely require destruction and eradication of terrorism in all of its diverse incarnations; the eradication and destruction of the machinery of terrorism wherever it is found. Long range, it must be the goal, aspiration and belief that out of the seeds and memory of 9/11 there might …
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
International Law Studies
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon
Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon
Touro Law Review
For over fifty years, James Madison warned the American colonies and the new United States of America of the dangers of linking religion with government. Madison fought in his home state of Virginia to separate church and state and continued the fight as a congressman and as president. Between 2001 and 2009, President George W. Bush overtly linked religion with government. President Bush's efforts provide the opportunity to test President Madison's hypothesis that danger arises in American society when religion and government are linked. The Gallup Organization in its public opinion testing provides the means used in this Article to …
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
The October 2008 Term: First Amendment And Then Some, Burt Neuborne
Touro Law Review
Liberals must acknowledge a dirty little secret about American constitutional law; a secret that the Warren Court made apparent, though it had existed from the day John Marshall asserted the power of judicial review in a Constitution that says nothing about it. The secret is that there is no serious theory explaining or justifying what courts actually do when they strike down a statute as unconstitutional.
The Warren years were enormously important in moving the country forward. I do not know what we would have done without the wisdom and courage of the Court. But when you start looking for …
Detention Of Terrorists In The Twenty-First Century, William K. Lietzau
Detention Of Terrorists In The Twenty-First Century, William K. Lietzau
International Law Studies
No abstract provided.
Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar
Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar
Societies Without Borders
Grave breaches of the Geneva Conventions are international offenses and perpetrators can be prosecuted abroad if accountability is not pursued at home. The US torture policy, instituted by the Bush administration in the context of the “war on terror” presents a contemporary example of liability for gross crimes under international law. For this reason, classification and secrecy have functioned in tandem as a shield to block public knowledge about prosecutable offenses. Keeping such information secret and publicizing deceptive official accounts that contradict the truth are essential to propaganda strategies to sustain American support or apathy about the country’s multiple current …
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
The University of New Hampshire Law Review
[Excerpt] “In the lead up to the 2008 Presidential election, there was broad bipartisan support for closing the detention facility at Guantanamo Bay. President Bush was quoted as saying, “I’d like it to be over with.” John McCain and General Colin Powell echoed similar sentiments for ending detention at the naval base. In addition to prominent Republicans calling for closure, public opinion began to support finding alternative solutions for prisoners held at Guantanamo Bay.
Barack Obama wasted no time once sworn into office executing his central campaign promises. On January 22, 2009, two days after becoming the forty-fourth President of …
Military Commissions Revived: Persisting Problems Of Perception, Devon Chaffee
Military Commissions Revived: Persisting Problems Of Perception, Devon Chaffee
The University of New Hampshire Law Review
[Excerpt] “When the first military commission proceedings began in July 2004, the Bush Administration identified fifteen Guantanamo Bay detainees subject to the military commissions. Subsequently, Bush Administration officials asserted that they had evidence to move forward with between sixty and eighty cases within the commission system. But, by the time President George W. Bush left office in early 2009, the commissions had resolved only three cases.
Upon taking office, President Barack Obama initially suspended the military commission proceedings in the thirteen cases in which charges were pending, but, in May 2009, he announced his intention to move forward with some …
Legal Basis For Coalition Combat Operations In Iraq, May 2003-Present, Alexandra Perina
Legal Basis For Coalition Combat Operations In Iraq, May 2003-Present, Alexandra Perina
International Law Studies
No abstract provided.
Legal Bases For Military Operations In Iraq, Raul A. "Pete" Pedrozo
Legal Bases For Military Operations In Iraq, Raul A. "Pete" Pedrozo
International Law Studies
No abstract provided.
Public Financing, George Bush, And Barack Obama: Why The Publicly Funded Campaign Does Not Work, And What We Can Do To Fix It, Jordan Acker
Public Financing, George Bush, And Barack Obama: Why The Publicly Funded Campaign Does Not Work, And What We Can Do To Fix It, Jordan Acker
Legislation and Policy Brief
Today, there are very different public financing rules for both the general and primary election. In the primary, if a candidate meets the requirements for public funding, the federal government will match up to $250 of an individual’s total contributions to an eligible candidate. In order for this to occur, candidates must adopt strict finance limits. In the general election, if an eligible candidate accepts public funding, he or she must cease fundraising after the conclusion of the primaries, and spend the public funding that the Federal Election Commission (FEC) grants them. This money covers all campaign expenditures, except for …
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert
University of Richmond Law Review
No abstract provided.
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
Combatants And The Combat Zone, Mary Ellen O'Connell
Combatants And The Combat Zone, Mary Ellen O'Connell
University of Richmond Law Review
No abstract provided.
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
University of Richmond Law Review
No abstract provided.
Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel
Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel
Dalhousie Law Journal
This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness ofactions taken in the name of national security. To even talk about this subject assumes that there is some distinction -betweena government that does all within its power to protect its citizens, and one that does all within its lawful power If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role oflawyers is to get out of the way …
The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham
The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham
University of Miami Law Review
No abstract provided.
Abuses Of Presidential Power: Impeachment As A Remedy, Hon. Elizabeth Holtzman
Abuses Of Presidential Power: Impeachment As A Remedy, Hon. Elizabeth Holtzman
University of Miami Law Review
No abstract provided.
Article Ii: The Uses And Abuses Of Executive Power, Elizabeth M. Iglesias
Article Ii: The Uses And Abuses Of Executive Power, Elizabeth M. Iglesias
University of Miami Law Review
No abstract provided.
The International Dimensions Of Homeland Security, Ryan P. Stiles
The International Dimensions Of Homeland Security, Ryan P. Stiles
International Law Studies
No abstract provided.