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Articles 1 - 30 of 85
Full-Text Articles in Law
The Role Of Women In Terrorism, Zeynep Bayar
The Role Of Women In Terrorism, Zeynep Bayar
Dissertations, Theses, and Capstone Projects
The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of …
Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham
Talking Foreign Policy: Untangling The Yemen Crisis, Milena Sterio, Michael P. Scharf, Paul R. Williams, James Johnson, Laura Graham
Law Faculty Articles and Essays
Talking Foreign Policy is a production of Case Western Reserve University and is produced in partnership with 90.3 FM WCPN ideastream. Questions and comments about the topics discussed on the show, or to suggest future topics, go to talkingforeignpolicy@case.edu.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States Abstains on Security Council Resolution Criticizing Israeli Settlements • United States Sanctions Russian Individuals and Entities After Accusing Russian Government of Using Hacking to Interfere with U.S. Election Process; Congressional Committees and Intelligence and Law Enforcement Agencies Continue to Investigate President Trump’s Connections to Russian Officials • Second Circuit Overturns $655 Million Jury Verdict Against Palestine Liberation Organization and Palestinian Authority • New Legislation Seeks to Confirm Immunity of Artwork and Facilitate Cultural Exchange • United States Confronts China over Seizure of Unmanned Drone in the South China Sea • International Criminal Court Prosecutor …
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.
Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr., Ph.D.
Journal of Aviation/Aerospace Education & Research
Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …
Impact Of Data On Litigation: Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Impact Of Data On Litigation: Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Faculty Articles
In order to explore the threats posed by cybersecurity breaches, first outline the steps taken by the government to address those threats in private sector economy, and then call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people - a Connie Francis-styled cyber civil action lawsuit. Technological advances opened up the unfathomable marvels of cyberspace and, by so doing, spawned a modern world that is now completely dependent on cyber, particularly in the context of sustaining and operating our critical infrastructure. Unfortunately, if supervisory control and …
Contemporary Practice Of The United States Relating To International Law, Daugirdas Kristina, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Daugirdas Kristina, Julian Davis Mortenson
Articles
In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies
Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies
Life of the Law School (1993- )
No abstract provided.
Classifying The Conflict In Syria, Terry D. Gill
Classifying The Conflict In Syria, Terry D. Gill
International Law Studies
This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply these …
A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Faculty Journal Articles and Book Chapters
This chapter examines the US practice of not charging its service members with war crimes. The chapter briefly explains how the United States asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the varied meanings of the term ‘war crimes’ and the way in which the 1949 Geneva Conventions can provide a benchmark against …
How The War Against Isis Changed International Law, Michael P. Scharf
How The War Against Isis Changed International Law, Michael P. Scharf
Faculty Publications
In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and the right of hot pursuit, …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Faculty Journal Articles and Book Chapters
This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the …
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.
Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps
Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps
Georgia Journal of International & Comparative Law
No abstract provided.
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Pepperdine Law Review
This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with the Framers’ …
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
International Law Studies
No abstract provided.
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies
International Law Studies
No abstract provided.
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law Studies
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.
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
The Geography Of Cyber Conflict: Through A Glass Darkly, Ashley Deeks
International Law Studies
No abstract provided.
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
International Law Studies
No abstract provided.
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
International Law Studies
No abstract provided.
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
Defeating Violent Nonstate Actors, Robert J. Bunker
Defeating Violent Nonstate Actors, Robert J. Bunker
The US Army War College Quarterly: Parameters
No abstract provided.
Responses To The Ten Questions, Mary Ellen O'Connell
Responses To The Ten Questions, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
Michigan Law Review
By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …
The President's Ndu Speech And The Pivot From The First Term To The Second, Kenneth Anderson, Benjamin Wittes
The President's Ndu Speech And The Pivot From The First Term To The Second, Kenneth Anderson, Benjamin Wittes
Contributions to Books
American University, WCL Research Paper No. 2014-3Abstract"The President's NDU Speech" is the third chapter of a book, "Speaking the Law," which analyzes the speeches of the Obama administration on national security law and policy. The book is being published online by the Hoover Institution, Stanford University on its website, chapter by chapter as they are completed. Once all chapters are done (end of 2013), the full book will be published by Hoover Institution Press in hard copy.Chapter 3 (the earlier chapters are available for open source download at the Hoover Institution website or through links at the Lawfare national security …
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.
Drone Wars: Risks And Warnings, Alan W. Dowd
Drone Wars: Risks And Warnings, Alan W. Dowd
The US Army War College Quarterly: Parameters
No abstract provided.
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies
Law Faculty Scholarship
No abstract provided.