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Articles 1 - 19 of 19
Full-Text Articles in Law
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Legislation and Policy Brief
To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
Legislation and Policy Brief
In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …
The Limits Of Presidential Recess Appointment Power, Michael Mcnerney
The Limits Of Presidential Recess Appointment Power, Michael Mcnerney
Legislation and Policy Brief
The purpose of this article is to examine the constitutional, legislative, and traditional authority of the President to make recess appointments. The second section discusses the background of the current debate by framing the issue in the context of recent controversial appointments. The third section examines the constitutional language and common law interpretation of the President’s authority. The fourth section looks at appointment power legislation passed by Congress. The fifth section provides parliamentary and legislative recommendations for Congress to act upon to keep its authority. The article concludes by providing a final examination of the reason for a limited presidential …
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
Judicial Erasure Of Mixed-Race Discrimination, Nancy Leong
American University Law Review
Jurisprudential remedies for racial discrimination presume the existence of clear categories. Indeed, Carolene Products’ classic allusion to “discrete and insular minorities” evokes racial groups that are readily identified and defined. Yet this reliance on categories renders antidiscrimination jurisprudence inhospitable to claims brought by individuals identified as multiracial and discriminated against on that basis. By addressing racial discrimination exclusively through categories, courts have lost sight of the fact that the purpose of antidiscrimination law is not to protect individuals from discrimination based on membership in recognized categories, but rather to protect individuals from the harms inflicted by racism.
This Article explores …
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
Redistricting And Discriminatory Purpose , Michael J. Pitts
Redistricting And Discriminatory Purpose , Michael J. Pitts
American University Law Review
State and local governments covered by the preclearance provision in Section 5 of the Voting Rights Act will soon be submitting their redistricting plans to the federal government (most often the United States Attorney General) for approval. The Attorney General can deny preclearance to a redistricting plan by finding that the plan violates Section 5’s discriminatory purpose standard. Currently, no detailed framework has been developed for determining when a redistricting plan fails to satisfy the discriminatory purpose standard. This Article fills that void by proposing such a framework - one built from judicial opinions, statutory language, legislative history, executive branch …
Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful
Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful
The Modern American
No abstract provided.
A Fraudulent Sense Of Belonging: The Case For Removing The 'False Claim To Citizenship' Bar For Noncitizen Voting, Anne Parsons
A Fraudulent Sense Of Belonging: The Case For Removing The 'False Claim To Citizenship' Bar For Noncitizen Voting, Anne Parsons
The Modern American
No abstract provided.
Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn
Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn
The Modern American
No abstract provided.
Insecure Communities: How Increased Localization Of Immigration Enforcement Under President Obama Through The Secure Communities Program Makes Us Less Safe, And May Violate The Constitution, Rachel Zoghlin
The Modern American
No abstract provided.
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
Caster Semenya And The Myth Of A Level Playing Field, Erin E. Buzuvis
The Modern American
No abstract provided.
Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson
Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson
The Modern American
No abstract provided.
A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse
A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse
The Modern American
No abstract provided.
When Leviathan Speaks: Reining In The Government-Speech Doctrine Through A New And Restrictive Approach, Carl G. Denigris
When Leviathan Speaks: Reining In The Government-Speech Doctrine Through A New And Restrictive Approach, Carl G. Denigris
American University Law Review
No abstract provided.
The Fourth Circuit's Rejection Of Legislation History: Placing Guns In The Hands Of Domestic Violence Perpetrators, Tanjima Islam
The Fourth Circuit's Rejection Of Legislation History: Placing Guns In The Hands Of Domestic Violence Perpetrators, Tanjima Islam
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh
American University Law Review
No abstract provided.