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Full-Text Articles in Military, War, and Peace
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Drawing The Lines In The Shifting Sands Of Cape Canaveral: Why Common Beach Erosion Should Not Yield A Compensable Taking Under The Fifth Amendment, Jeremy N. Jungreis
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Smith V. Obama: A Neoclassical After Action Review, Sam Walenz
Smith V. Obama: A Neoclassical After Action Review, Sam Walenz
Florida State University Law Review
No abstract provided.
The Road To The Gettysburg Address, Alfred L. Brophy
The Road To The Gettysburg Address, Alfred L. Brophy
Florida State University Law Review
This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …
Interpreting Force Authorization, Scott M. Sullivan
Interpreting Force Authorization, Scott M. Sullivan
Florida State University Law Review
This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Florida State University Law Review
National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …