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New York Law School

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Articles 1 - 30 of 42

Full-Text Articles in Military, War, and Peace

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots Nov 2019

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Articles & Chapters

The sex trafficking of women and girls by US. military men remains an issue plaguing US. military bases overseas. While the US. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas US. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all US. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …


Military Accepting Transgender Enlistees, For Now, Arthur S. Leonard Jan 2018

Military Accepting Transgender Enlistees, For Now, Arthur S. Leonard

Other Publications

No abstract provided.


Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard Jan 2017

Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard

Other Publications

No abstract provided.


Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard Jan 2017

Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.


Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard Jan 2017

Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.


Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard Jan 2017

Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard

Other Publications

No abstract provided.


Unraveling The Law Of War, Stephen J. Ellmann Jan 2016

Unraveling The Law Of War, Stephen J. Ellmann

Articles & Chapters

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 Jan 2016

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.


Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews Jan 2016

Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews

Articles & Chapters

During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …


John Brown Went Off To War: Considering Veterans’ Courts As Problem-Solving Courts, Michael L. Perlin Jan 2013

John Brown Went Off To War: Considering Veterans’ Courts As Problem-Solving Courts, Michael L. Perlin

Articles & Chapters

In this paper, I seek to contextualize veterans courts in light of the therapeutic jurisprudence (TJ) movement, the turn to problem-solving courts of all sorts (especially focusing on mental health courts), and the societal ambivalence that we have shown to veterans in the four decades since the Vietnam war.

I argue that TJ’s focuses on how law actually impacts people’s lives, on the law’s influence on emotional life and psychological well-being and on the need for law to value psychological health and avoid the imposition of anti-therapeutic consequences whenever possible can serve as a template for a veterans courts model …


Assassination Or Targeted Killings After 9/11, John Yoo Jan 2012

Assassination Or Targeted Killings After 9/11, John Yoo

NYLS Law Review

No abstract provided.


Secrecy And Self-Governance, Geoffrey R. Stone Jan 2012

Secrecy And Self-Governance, Geoffrey R. Stone

NYLS Law Review

No abstract provided.


The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane Jan 2012

The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane

NYLS Law Review

No abstract provided.


The War On Terror: Where We Are And How We Got There, Michael B. Mukasey Jan 2012

The War On Terror: Where We Are And How We Got There, Michael B. Mukasey

NYLS Law Review

No abstract provided.


Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell Jan 2012

Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell

NYLS Law Review

No abstract provided.


Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty Jan 2012

Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty

NYLS Law Review

No abstract provided.


Gay Vet’S Separation Pay Claim Alive, Arthur S. Leonard Jan 2011

Gay Vet’S Separation Pay Claim Alive, Arthur S. Leonard

Other Publications

No abstract provided.


International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.


Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen Jan 2008

Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen

Articles & Chapters

No abstract provided.


The Rule Of Law And The Military Commission, Stephen J. Ellmann Jan 2007

The Rule Of Law And The Military Commission, Stephen J. Ellmann

Articles & Chapters

This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …


Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel Jan 2006

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.


The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann Jan 2006

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

No abstract provided.


The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56 Jan 2006

The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56

Military Law

Judge Miner here describes his defense of a person he believes to be

the last civilian tried by court martial. The trial was conducted in

Korea in 1958 during Judge Miner's service as an officer in the

Judge Advocate General's Corps of the United States Army.

Although a challenge to the jurisdiction of the court martial was

rejected and the civilian defendant convicted of violating a currency

regulation, the conviction was set aside for another reason urged at

trial-the inadvertent repeal of the at-issue regulation. The Article

also includes a review of legal developments that occurred in the

aftermath of …


Clinton's Guantanamo, Brandt Goldstein Jan 2005

Clinton's Guantanamo, Brandt Goldstein

Other Publications

No abstract provided.


Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen Jan 2005

Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen

Articles & Chapters

No abstract provided.


Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait Jan 2005

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Israel's Example, Sadiq Reza Jan 2004

Israel's Example, Sadiq Reza

Other Publications

No abstract provided.


Israel's Example, Sadiq Reza Jan 2004

Israel's Example, Sadiq Reza

Other Publications

No abstract provided.


Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler Jan 2004

Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler

Articles & Chapters

No abstract provided.


Unpatriotic Acts: An Introduction, Sadiq Reza Jan 2004

Unpatriotic Acts: An Introduction, Sadiq Reza

Articles & Chapters

No abstract provided.