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Full-Text Articles in Law
The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, Brendan Flynn
The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, Brendan Flynn
Catholic University Law Review
The Constitution divides the war powers between Congress, which declares war, and the President, who serves as Commander-in-Chief of the Armed Forces. Since the Korean War, the President has claimed increased authority to send the military into harm’s way without Congressional authorization. This Comment surveys the war powers issue through U.S. history and asserts that the President’s claim of increased authority has been enabled by Congressional abdication of its role, leading to wars fought in a legal “zone of twilight” in which Congress has neither authorized nor forbidden Presidential action (drawing on Justice Jackson’s famous tripartite analysis in his Youngstown …
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Pepperdine Law Review
No abstract provided.
Back To The Congressional Drawing Board: Inapplicability Of The Aumf To Al-Shabaab And Other New Faces Of Terrorism, Pierce Rand
Back To The Congressional Drawing Board: Inapplicability Of The Aumf To Al-Shabaab And Other New Faces Of Terrorism, Pierce Rand
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …
Law Of War Developments Issue Introduction, David Glazier
Law Of War Developments Issue Introduction, David Glazier
Loyola of Los Angeles Law Review
No abstract provided.
Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards
Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards
Loyola of Los Angeles Law Review
No abstract provided.