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Articles 1 - 16 of 16
Full-Text Articles in Legal History
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
American University National Security Law Brief
As the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms …
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Berle And Means’S The Modern Corporation And Private Property: The Military Roots Of A Stakeholder Model Of Corporate Governance, Andrew Smith, Kevin D. Tennent, Jason Russell
Berle And Means’S The Modern Corporation And Private Property: The Military Roots Of A Stakeholder Model Of Corporate Governance, Andrew Smith, Kevin D. Tennent, Jason Russell
Seattle University Law Review
The Modern Corporation and Private Property by Adolf Berle and Gardiner Means (1932) remains one of the most cited works in management studies. Our paper shows that Berle and Means espoused a stakeholder theory of corporate governance that challenged the then-hegemonic idea that the sole purpose of a corporation is to create value for the shareholders. We argue that Berle and Means’s support for stakeholder theory can be associated with their earlier service in the U.S. military, an organization which then inculcated an ethos of public service in its members. Our paper, which is based on archival research in the …
October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton
October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson
Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …
Drawing Lines Of Sovereignty: State Habeas Doctrine And The Substance Of States' Rights In Confederate Conscription Cases, Withrop Rutherford
Drawing Lines Of Sovereignty: State Habeas Doctrine And The Substance Of States' Rights In Confederate Conscription Cases, Withrop Rutherford
University of Richmond Law Review
No abstract provided.
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning
Articles & Chapters
No abstract provided.
Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman
Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Martial Lawyers: Lawyering And War-Waging In American History, Bernard J. Hibbitts
Martial Lawyers: Lawyering And War-Waging In American History, Bernard J. Hibbitts
Articles
American lawyers like to celebrate themselves as practitioners of peaceful dispute resolution. On public and professional occasions they proudly proclaim their loyalty to the rule of law over brute force. From the very beginnings of colonization, however, lawyers in America have been primary wagers of war. Leaving aside for the moment professional soldiers who only proliferated in significant numbers in the late 19th century, lawyers as an occupational group have been uniquely prominent in American history as invaders, battlefield commanders and soldiers, militia leaders, armed revolutionaries, filibusters, rebels, paramilitary intelligence agents, proponents of militarism, and civilian war managers. Over the …
The Secret "Kill List" And The President, Kenneth Anderson
The Secret "Kill List" And The President, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly
Maritime Piracy: A Sustainable Global Solution, Paul Williams, Lowry Pressly
Articles in Law Reviews & Other Academic Journals
Maritime piracy is a complex transnational security concern characterized by emerging international finance operations and organization, an oversupply of labor, and a low cost of market entry. This article provides a realistic picture of the driving forces behind maritime piracy in areas such as Southeast Asia, the Gulf of Aden, and the Gulf of Guinea. By examining some of the assumptions and proposed solutions in counter-piracy literature and policy, this article exposes some piracy illusions and proposes a sustainable, global response that addresses the persistent threat of modern maritime piracy. Today's manifold piracy challenges call for a multifaceted approach. Accordingly, …
Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen
Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen
University of Richmond Law Review
This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
University of Richmond Law Review
No abstract provided.
Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Part Iii. Documents, Joseph M. Snee