Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (567)
- National Security Law (342)
- Social and Behavioral Sciences (241)
- Human Rights Law (219)
- International Humanitarian Law (158)
-
- Public Affairs, Public Policy and Public Administration (154)
- Constitutional Law (153)
- Arts and Humanities (142)
- Criminal Law (130)
- History (122)
- Peace and Conflict Studies (102)
- Comparative and Foreign Law (87)
- President/Executive Department (87)
- Terrorism Studies (78)
- Leadership Studies (73)
- Political Science (73)
- Creative Writing (70)
- Other Social and Behavioral Sciences (69)
- Legal History (68)
- Law and Society (62)
- Courts (57)
- Law and Politics (52)
- Law and Gender (51)
- International Relations (50)
- Science and Technology Law (48)
- Civil Rights and Discrimination (45)
- Criminal Procedure (44)
- Air and Space Law (40)
- Institution
-
- Duke Law (102)
- Columbia Law School (92)
- American University Washington College of Law (87)
- Georgetown University Law Center (85)
- University of Nebraska - Lincoln (85)
-
- Maurer School of Law: Indiana University (73)
- Virginia Commonwealth University (69)
- Roger Williams University (66)
- University of Michigan Law School (56)
- Southern Methodist University (44)
- William & Mary Law School (42)
- University of Baltimore Law (39)
- Washington and Lee University School of Law (35)
- University of Pennsylvania Carey Law School (33)
- Notre Dame Law School (32)
- The Catholic University of America, Columbus School of Law (32)
- St. Mary's University (31)
- New York Law School (30)
- University of Georgia School of Law (29)
- UIC School of Law (25)
- Boston University School of Law (21)
- University of Richmond (21)
- Western Michigan University (20)
- Pace University (19)
- University of Pittsburgh School of Law (19)
- Florida A&M University College of Law (17)
- Brigham Young University Law School (14)
- Cleveland State University (13)
- Cornell University Law School (13)
- University of Colorado Law School (13)
- Keyword
-
- Terrorism (107)
- War (101)
- Military (82)
- International law (73)
- Mighty Pen Project (69)
-
- Memoir (65)
- Veteran (65)
- Army (57)
- International Law (46)
- United States (46)
- United Nations (38)
- Vietnam (38)
- Human rights (36)
- War crimes (36)
- Israel (35)
- Military law (35)
- National security (35)
- Iraq (34)
- War (International law) (32)
- International humanitarian law (29)
- Law of war (29)
- St. Mary's University School of Law (28)
- Armed conflict (27)
- Genocide (25)
- Use of force (25)
- Law of armed conflict (24)
- Military Law (24)
- Afghanistan (22)
- Combat (22)
- Constitutional law (22)
- Publication Year
- Publication
-
- Faculty Scholarship (246)
- Articles (77)
- Articles in Law Reviews & Other Academic Journals (76)
- All Faculty Scholarship (74)
- Georgetown Law Faculty Publications and Other Works (73)
-
- Articles by Maurer Faculty (71)
- Mighty Pen Project Anthology & Archive (69)
- Faculty Publications (55)
- Faculty Articles (53)
- United States Army: Field Manuals (53)
- Scholarly Articles (51)
- Law Faculty Scholarship (44)
- Faculty Journal Articles and Book Chapters (43)
- Journal Articles (40)
- Scholarly Works (37)
- Space, Cyber, and Telecommunications Law Program: Faculty Publications (27)
- UIC Law Open Access Faculty Scholarship (24)
- Fort St. Joseph Archaeological Project (20)
- Articles & Chapters (18)
- Elisabeth Haub School of Law Faculty Publications (17)
- Journal Publications (17)
- Law Faculty Publications (16)
- Life of the Law School (1993- ) (14)
- Book Chapters (13)
- Human Rights Institute (13)
- Publications (13)
- Vanderbilt Law School Faculty Publications (13)
- Law Faculty Articles and Essays (12)
- Other Publications (12)
- Popular Media (12)
Articles 1 - 30 of 1608
Full-Text Articles in Military, War, and Peace
Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law
Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Efficacy Of The Legal Infrastructure Of Proportionality In Contemporary Armed Conflicts, Reed Caney
The Efficacy Of The Legal Infrastructure Of Proportionality In Contemporary Armed Conflicts, Reed Caney
Independent Study Project (ISP) Collection
Proportionally in armed conflict is one of the key principles of international law, playing a crucial role in ensuring that both civilians are protected in armed conflict, but also that a military is able to accomplish its goals. This paper attempts to discern if the international legal infrastructure is well equipped to deal with proportionality in armed conflicts, especially in regard to contemporary armed conflicts. In an attempt to answer this question, this paper explores the existing legal infrastructure, looking at International Humanitarian Law as a moral system and International Criminal Law as the accompanying legal system to see how …
On Puar’S “Right To Maim”: Conflict-Related Sexual Violence As An Instrument Of Debility, Jeffrey Camille
On Puar’S “Right To Maim”: Conflict-Related Sexual Violence As An Instrument Of Debility, Jeffrey Camille
Independent Study Project (ISP) Collection
In enacting war and terrorism, armed combatants frequently and deliberately utilize sexual violence to target civilians. This crime is widespread, systemic, and organized, and its perpetration against vulnerable populations is a haunting reality of warfare. Although scholarship has speculated about the motivations behind conflict-related sexual violence (CRSV), no one answer is sufficient to grasp a phenomenon whose constitution is complicated by a multitude of variables. Thus, scholars must continue in their efforts to rationalize why this crime takes place. This article does just that. Drawing from Jasbir K. Puar’s book The Right to Maim (2017), I fashion an intervention to …
Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs
Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs
Faculty Publications
It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …
War & Ip, Peter K. Yu
War & Ip, Peter K. Yu
Faculty Scholarship
On February 24, 2022, war broke out between Russia and Ukraine, sparking concerns among government leaders, intergovernmental bodies and the public at large. A month later, the Russian government issued Decree 299, which reduced to zero the royalty rate for national security-based compulsory licenses to intellectual property rights held by individuals or entities originating from the United States or other "unfriendly" nations. Meanwhile, the United States and other members of the international community imposed sanctions on Russia, raising questions about whether those sanctions would prevent U.S. companies and individuals from engaging with Russian intellectual property agencies. Many multinational corporations also …
Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt
Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt
Scholarly Works
Beyond the alluring promise of an enhanced social safety net for Russian citizens, President Vladimir Putin's constitutional amendments of 2020 betrayed a distinct preoccupation with fortifying Russia's international standing and crafting a new national identity. By Putin's own account, these amendments were necessary to steel the country against the malevolent action of international conspirators committed to Russia's downfall. As this Article posits, these specific constitutional changes systematically entrenched an exceptionalist vision of Russian sovereignty and a civilizational identity that left the country constitutionally untethered from international norms and institutions, saturated in religious fervor and visions of imperial glory, and poised …
War Powers Reform: A Skeptical View, Matthew C. Waxman
War Powers Reform: A Skeptical View, Matthew C. Waxman
Faculty Scholarship
Debates about war powers focus too much on legal checks and on the President’s power to start wars. Congressional checks before and during crises work better than many reform-ists suppose, and there are ways to improve Congress’s political checking without substantial legal reform.
Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt
Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt
Faculty Articles
This Article addresses the Russia-Ukraine conflict’s broad implications for energy security, climate security, and environment protections during wartime. I assert that in the short-term the Russian-Ukraine war is poised to hinder much-needed international climate progress. It will stymie international decarbonization efforts and cause greater uncertainty in other climate-destabilized parts of the world, such as the Arctic. While Russia has become a pariah in the eyes of the United States and other Western nations, it has forged new partnerships and capitalized on new, lucrative energy markets outside the West and Global South. But in the long term, the global renewable energy …
The Risks To Refugee Law Of Humanitarian Responses To Flight From Ukraine, Catherine Dauvergne
The Risks To Refugee Law Of Humanitarian Responses To Flight From Ukraine, Catherine Dauvergne
All Faculty Publications
The invasion of Ukraine that began in February 2022 provoked an enormous exodus of people fleeing to safety by crossing Ukrainian borders into neighbouring states to seek refuge. The United Nations High Commissioner for Refugees (UNHCR) reported that as of mid-May 2023 more than eight million people had fled the conflict in Ukraine and crossed a border into another European state, and more than five million of these people were registered for temporary protection of some sort. Many of these people were warmly welcomed, and further-flung states raised their hands to provide assistance and refuge as well. Support for these …
Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow
Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow
Georgetown Law Faculty Publications and Other Works
In recognizing the legacy of Senator William E. Borah, the author shares his remarks from the Borah Symposium at the University of Idaho, about the Senator's personality and character, his contribution and later characterization to international law and national security, specifically the 1928 Kellogg-Briand Pact, and finally, a proposal to a modern reincarnation to the Kellogg-Briand Pact and the newer threats of this era.
Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow
Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …
When Commanders Decide: Military Prosecutorial Decision-Making In Sexual Assault Cases, Chris Cox
When Commanders Decide: Military Prosecutorial Decision-Making In Sexual Assault Cases, Chris Cox
Scholarly Works
Congress enacted legislation that went into effect in 2023, which transferred prosecutorial decision-making for serious cases, including sexual assault, from Commanders to military lawyers. While there is some research on the military’s criminal justice system that supports shifting the decision-making to military lawyers, there is a large body of research that suggests lawyers, too, suffer from similar impediments when handling decision-making for sexual assault cases. In the wake of this new amendment, it is important to continue assessing how the change will impact case processing, by first clearly understanding what was happening when Commanders had complete authority. This article explores …
Operational Terms, United States Army
Operational Terms, United States Army
United States Army: Field Manuals
Operational Terms, United States Army Field Manual FM 1-02.1
Military Symbols, United States Army
Military Symbols, United States Army
United States Army: Field Manuals
Military Symbols, United States Army Field Manual FM 1-02.2
Ukraine, Moral Outrage, And International Law, Heidi Gilchrist
Ukraine, Moral Outrage, And International Law, Heidi Gilchrist
Faculty Scholarship
No abstract provided.
Defiance, Lackland H. Bloom Jr.
Defiance, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
Mass public defiance of legal authority has a lengthy history in America, extending back to the nation’s founding. Indeed, the very existence of the United States is the result of the ultimate act of defiance against legal authority—the revolution against Great Britain. It hardly stopped there, however. Defiance of legal authority has persisted from the outset to the present. Examples include Shays’ Rebellion, defiance of the Supreme Court’s decisions in M’Culloch v. Maryland and the Cherokee territory cases; the Nullification Crisis; slave revolts; defiance of the fugitive slave laws; resistance to the Supreme Court’s decision in the Dred Scott case; …
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale, Amber Brittain-Hale
Education Division Scholarship
This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
NDLS in the News
October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.
The War In Ukraine And Legal Limitations On Russian Vetoes, Anne Peters
The War In Ukraine And Legal Limitations On Russian Vetoes, Anne Peters
Articles
A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These …
Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman
Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman
Journal Articles
No abstract provided.
Putin's Matryoskha: A War Reparations Facility For Rebuilding Ukraine, Lev E. Breydo
Putin's Matryoskha: A War Reparations Facility For Rebuilding Ukraine, Lev E. Breydo
Faculty Publications
This Article addresses a critical, trillion-dollar question: How do we hold Russia accountable for the reconstruction of Ukraine? The nation has been devastated by Russia's brutal war of aggression, with tens of thousands killed, millions displaced and its economy in shambles. The enormity of the problem cannot be overstated.
Existing proposals to support Ukraine, including many from prominent scholars, largely focus on seizing Russian assets, particularly central bank reserves "frozen" by sanctions. Such strategies, however, are legally problematic-- likely well beyond the scope of Presidential authority-- and financially insufficient. Moreover, while prospective new legislation could expand presidential powers, it risks …
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.
This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …
Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies
Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Playing The Long Game: The Role Of International Courts And Tribunals In The Russo-Ukrainian War, Paul W. Grimm, Kim Scheppele, Paul Stephan, Harold Hongju Koh, Oleksandra Matviichuk
Playing The Long Game: The Role Of International Courts And Tribunals In The Russo-Ukrainian War, Paul W. Grimm, Kim Scheppele, Paul Stephan, Harold Hongju Koh, Oleksandra Matviichuk
Judicature International
No abstract provided.
Why Are Post-Conflict Countries More Inequitable?, Claire Cole
Why Are Post-Conflict Countries More Inequitable?, Claire Cole
Belmont University Research Symposium (BURS)
Why is there continuing socio-economic inequity in post-conflict countries? Post-conflict governments are too weak to prosper and function cleanly, resorting to making deals with and allowing multinational corporations inside its system, resulting in governmental capture. Multinational corporations contribute to the disparity of wealth in post-conflict zones, often ignoring the community and partnering with the government. There is a question of whether Western and European countries actually have a humanitarian interest or self-interest in post-conflict countries. This research includes a comparative study that aims to show how foreign investment shifts during conflict, where each country scores on transparency and corruption; where …
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
Baker Scholar Projects
Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …
The Impacts Of Site Formation Processes On Excavation Methodology: The Study Of A World War Ii B-24 Crash Site In Munster, Germany, Alicia J. Lawson
The Impacts Of Site Formation Processes On Excavation Methodology: The Study Of A World War Ii B-24 Crash Site In Munster, Germany, Alicia J. Lawson
Anthropology Department: Theses
Academic partnerships between universities and the Defense POW/MIA Accounting Agency (DPAA) are a recent development to provide top research universities resources to assist in recovering and identifying MIA service members since World War II. A University of Nebraska–Lincoln (UNL)/DPAA Partner excavation revisited a WWII B-24H crash site in Münster, Germany in the summer of 2022. B-24H [redacted] crashed into three agricultural fields on 23 March 1945. Utilizing quantitative and qualitative data collected on the incident-related and archaeological osseous remains and artifacts recovered from the fields and the fields’ land use history, this thesis focuses on analyzing the site formation processes …
Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual – And Miss, Brian L. Cox
Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual – And Miss, Brian L. Cox
Cornell Law Faculty Working Papers
In a letter recently sent to the Department of Defense General Counsel, two lawmakers – Representative Sara Jacobs and Senator Dick Durbin – present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.
Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the …
Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual - And Miss, Brian L. Cox
Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual - And Miss, Brian L. Cox
Cornell Law Faculty Publications
In a letter recently sent to the Department of Defense General Counsel, two lawmakers—Representative Sara Jacobs and Senator Dick Durbin— present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.
Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the inquiry determines that …
Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney
Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney
Independent Study Project (ISP) Collection
Poland’s geopolitical role has enhanced since Russia’s invasion of Ukraine on February 24, 2022. As such, Poland’s ambitions have increasingly important implications for regional, European, and global security. The paper attempts to address this phenomenon by posing the following research question: how does Poland pursue its interests in the Ukraine War? Employing qualitative methods on data collected from three formal interviews, one virtual interview, one informal interview, four statements from Poland’s leaders, and a variety of secondary sources, the study aims to answer this question modeling Gyula Csurgai’s (2019) geopolitical analysis framework. The research question is addressed in two ways. …