Future War And The War Powers Resolution, Eric Talbot Jensen

Faculty Scholarship

Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers …

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …

Civilian Starvation And Relief During Armed Conflict: The Modern Humanitarian Law, Charles A. Allen

Georgia Journal of International & Comparative Law

No abstract provided.

Targeting And The Concept Of Intent, Jens David Ohlin

Jens David Ohlin

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …

Is Jus In Bello In Crisis?, Jens Ohlin

Jens David Ohlin

It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …

The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin

Jens David Ohlin

No abstract provided.

The Role Of The Security Council In World Affairs, Crispin Tickell

Georgia Journal of International & Comparative Law

No abstract provided.

Federal Habeas Corpus, Kevin M. Clermont

Kevin M. Clermont

No abstract provided.

The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Rotc News, Georgia Southern University, Rotc

ROTC News Online (2013-2019)

Cadet Ranks Fourth in Nation

The Veterans Clinic And Legal Education: A Conversation With Professor Steven Berenson, Steven Berenson, Paul Lee

University of Massachusetts Law Review

This Article is a conversation between Professor Berenson and the UMass Law Review, discussing both his experience setting up the Clinic and the Clinic’s achievements. Part II provides a brief introduction to Professor Berenson’s work and how he started the TJSL Veterans Clinic. Part III considers veterans particular legal needs and how the Clinic addresses these issues. The Article concludes with some remarks from Professor Berenson regarding the future of the Clinic, and the overall movement of law schools toward greater practical education.

Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich

University of Massachusetts Law Review

This Article discusses two important facets of Military Regulation and veterans law. First, this Article explores how the Uniform Code of Military Justice treats veterans accused of committing self-injury. Thus, there is a prohibition on , including criminal prosecution of, attempted suicide, which this Article argues exacerbates the issues which many of our brave servicemen and women face upon returning home from combat, often carrying the burden of mental disorders such as post-traumatic stress disorder. Second, this Article delves into Air Force Regulations, which prohibits termination, without cause, once an officer reaches the rank of Major and has served at …

Toward A Less Adversarial Relationship Between Chevron And Gardner, James D. Ridgway

University of Massachusetts Law Review

Veterans benefits are a creature of statute. As such, nearly every veterans benefits issue presented to the courts for resolution involves the interpretation of a statute, regulation, or sub-regulatory authority. Although veterans law has been subject to judicial review for over twenty-five years, the courts still have yet to develop a coherent doctrine regarding when to resolve ambiguity in favor of the veteran versus when to defer to the interpretations of the Department of Veterans Affairs. This Article explores three possible approaches to developing a coherent vision of how veteran friendliness and agency deference can coexist and provide more predictability …

Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies 1, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie

The US Army War College Quarterly: Parameters

No abstract provided.

China's Concept Of Military Strategy, Timothy Thomas

The US Army War College Quarterly: Parameters

No abstract provided.

China's Military Mercantilism, Christopher Bowen Johnston

The US Army War College Quarterly: Parameters

No abstract provided.

The Role Of The Courts In Time Of War, William C. Banks

Washington and Lee Law Review Online

The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding …

Considering Why We Lost, Tami Davis Biddle

The US Army War College Quarterly: Parameters

No abstract provided.

China's Strategic Moves And Counter-Moves, David Lai

The US Army War College Quarterly: Parameters

No abstract provided.

Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry

The US Army War College Quarterly: Parameters

No abstract provided.

American "Declinism": A Review Of Recent Literature, Michael Daniels

The US Army War College Quarterly: Parameters

No abstract provided.

Index, Vol. 14, 2014, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies 2, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

China's "Power Projection" Capabilities, Thomas M. Kane

The US Army War College Quarterly: Parameters

No abstract provided.

Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege

The US Army War College Quarterly: Parameters

No abstract provided.

Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion, Eitan Shamir, Eado Hecht

The US Army War College Quarterly: Parameters

No abstract provided.

Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson

The US Army War College Quarterly: Parameters

No abstract provided.