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Articles 1 - 10 of 10
Full-Text Articles in Military, War, and Peace
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder
“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder
Northwestern Journal of Law & Social Policy
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the …
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Northwestern University Law Review
This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Northwestern University Law Review
No abstract provided.
Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback
Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback
Northwestern University Law Review
No abstract provided.
Heterosexuality And Military Service, Zachary A. Kramer
Heterosexuality And Military Service, Zachary A. Kramer
NULR Online
The Kentucky National Guard’s 940th Military Police Company is based in Walton, Kentucky, just south of the Kentucky-Ohio border. In November 2004, in anticipation of its deployment to Iraq, the 940th was mobilized and stationed at Fort Dix, New Jersey. Love was in the air at Fort Dix that fall. While the 940th was preparing for its year of service in Iraq, five couples in the unit got married. Amanda and Todd McCormick were one of those couples. The McCormicks spent their first year of marriage in an active war zone, where their duties included training the Iraqi police force, …
Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora
Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora
NULR Online
No abstract provided.
On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck
On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck
NULR Online
No abstract provided.
The Influence Of Ex Parte Quirin And Courts-Martial On Military Commissions, Morris D. Davis
The Influence Of Ex Parte Quirin And Courts-Martial On Military Commissions, Morris D. Davis
NULR Online
No abstract provided.
Crying Havoc Over The Outsourcing Of Soldiers And Democracy's Slipping Grip On The Dogs Of War, Joshua S. Press
Crying Havoc Over The Outsourcing Of Soldiers And Democracy's Slipping Grip On The Dogs Of War, Joshua S. Press
NULR Online
No abstract provided.
No Third Class Processes For Foreigners, Benjamin G. Davis
No Third Class Processes For Foreigners, Benjamin G. Davis
NULR Online
No abstract provided.