Military, War, and Peace Commons^™

Duty To Impair: Failure To Adopt The Federal Rules Of Evidence Allows The Va To Rely On Incompetent Examiners And Inadequate Medical Examinations, 90 Umkc L. Rev. 511 (2022), Yelena Duterte

UIC Law Open Access Faculty Scholarship

No abstract provided.

Review Of Veterans Law Decisions Of The Federal Circuit, 2021 Edition, 71 Am. U. L. Rev. 1619 (2022), Angela Drake, Yelena Duterte, Stacey Rae Simcox

UIC Law Open Access Faculty Scholarship

No abstract provided.

Incident To Service: Continued Deprivation Of Redress To Service Members At The Hands Of The 2020 National Defense Authorization Act, 54 Uic L. Rev. 731 (2021), Lindsay Wright

UIC Law Review

No abstract provided.

Martial Misconduct And Weak Defenses: A History Repeating Itself (Except When It Doesn’T), 54 Uic L. Rev. 867 (2021), Dan Maurer

UIC Law Review

No abstract provided.

Review Of Recent Veterans Law Decisions Of The Federal Circuit, 69 Am. U. L. Rev. 1343 (2020), Angela Drake, Yelena Duterte, Stacey Rae Simcox

UIC Law Open Access Faculty Scholarship

The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer …

Has President Trump Committed A War Crime By Pardoning War Criminals?, 35 Am. U. Int'l L. Rev. 757 (2020), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

They Hate U.S. For Our War Crimes: An Argument For U.S. Ratification Of The Rome Statute In Light Of The Post-Human Rights Era, 53 Uic J. Marshall. L. Rev. 1011 (2019), Michael Drake

UIC Law Review

No abstract provided.

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford

UIC Law Open Access Faculty Scholarship

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has persisted for years …

From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris

UIC Review of Intellectual Property Law

This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …

The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith

UIC Review of Intellectual Property Law

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …

Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline

UIC Review of Intellectual Property Law

No abstract provided.

Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes

UIC Review of Intellectual Property Law

No abstract provided.

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

UIC John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.

National Insecurity: The National Defense Authorization Act, The Indefinite Detention Of American Citizens, And A Call For Heightened Judicial Scrutiny, 49 J. Marshall L. Rev. 69 (2015), Harvey Gee

UIC Law Review

This essay outlines the problems posed by the National Defense Authorization Act of 2012 (“NDAA”) and interprets the Act’s language to answer the question of: whether American citizens can be indefinitely detained under the NDAA?

Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

One of the most persistent criticisms of international criminal tribunals has been that they cost too much and take too long. In response, this Article presents a new approach that utilizes two concepts: complexity and efficiency. The first half of this Article proposes a method for measuring the complexity of criminal trials and then uses that method to measure the complexity of the trials conducted at the International Criminal Tribunal for the former Yugoslavia (ICTY). The results are striking. Even the least complex ICTY trial is more complex than the average criminal trial in the United States, and the most …

The Drone Games, 47 J. Marshall L. Rev. 1507 (2014), Elizabeth Fleming

UIC Law Review

This Comment focuses on the Executive’s power to target American citizens who are believed to be terrorists abroad and the due process implications of such attacks. Part II provides background information pertaining to the rise

Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014), Andrew Franklin

UIC Law Review

No abstract provided.

More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak

UIC Law Review

No abstract provided.

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

The repeal of DADT represents the triumph of non-discrimination rhetoric, while the MLDC's report stands for a renewed effort to expand the military's affirmative action policies for the benefit of people of color and women: two historically subordinated groups in the U.S. military. The repeal of DADT may have purchased equality for LGB service members, but at a premium. The strategic decision to rally around the non-discrimination model, I argue in this Article, will reinforce the continued subordination of LGB service members. As an alternative, I propose the application of kakou principles to military policies and programs for integrating LGB …

The Mercenary Gap: How To Protect The Constitutional Rights Of American Contractors In The Age Of The Private Military Firm, 46 J. Marshall L. Rev. 1121 (2013), John Sviokla

UIC Law Review

No abstract provided.

Feres Doctrine: "Don't Let This Be It. Fight!", 46 J. Marshall L. Rev. 607 (2013), Jennifer Zyznar

UIC Law Review

No abstract provided.

A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman

UIC Law Review

No abstract provided.

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …

Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012), Brian Clauss

UIC Law Open Access Faculty Scholarship

No abstract provided.

Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan

UIC Law Review

No abstract provided.

Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall

UIC Law Review

No abstract provided.

We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

In 2007, Professor Eric K Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth commission to redress the post-9/11 torture program in a new Inclusive Model for Social Healing. In the past, reparations advocates have relied on litigation-a strategic model that excludes participants other than the named parties-to

obtain redress. By increasing the number of stakeholders in a reparations scheme, …