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Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

Vietnam War On Trial: The Court-Martial Of Dr. Howard B. Levy, Robert N. Strassfeld

Faculty Publications

This Article examines the history of a Vietnam War-era case: the court-martial of Dr. Howard B. Levy. The U.S. Army court-martialled Dr. Levy for refusing to teach medicine to Green Beret soldiers and for criticizing both the Green Berets and American involvement in Vietnam. Although the Supreme Court eventually upheld Levy's conviction in Parker v. Levy, its decision obscures the political content of Levy's court-martial and its relationship to the war. At the court-martial Levy sought to defend himself by showing that his disparaging remarks about the Green Berets, identifying them as "killers of peasants and murderers of women and …

International Law And Civil Wars, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.

Sticks, Stones And Broken Bones: Military Law’S Criteria For Aggravated Assault, Michael F. Noone Jr., Mary Jo Wiley

Scholarly Articles

No abstract provided.

Recent Army Jag Corps Initiatives To Enhance Human Rights, Jeffrey F. Addicott

Faculty Articles

The Army Judge Advocate General’s Corps (JAGC) has recently undertaken two significant initiatives. These initiatives are designed to enhance human rights training at the United States Army School of the Americas (SOA). First, in August of 1994, an Army judge advocate, Major Dennis Cruz-Perez, was assigned to a field grade officer staff position at the SOA. Second, the International and Operational Law Division, Office of The Judge Advocate General, has developed a new three-hour block of instruction designed to teach students how to conduct and institutionalize human rights training in their own militaries..

The development of a new block of …

Gays And Lesbians In The Military: A Rationally Based Solution To A Legal Rubik’S Cube, David A. Schlueter

Faculty Articles

This article addresses legislation which was an attempt to accommodate homosexuals serving in the military. The author concludes that Congress had a rational basis for adopting a policy of limited accommodation. The issue of homosexuals in the armed forces presented Congress with a significant challenge to the exercise of its constitutionally-based powers to regulate the military. Prior to the enactment of the “don’t ask, don’t tell” policy, homosexuals were banned from service in the United States military. Congress had the option to continue the ban on homosexuals in the military, become fully accommodating by allowing them to serve openly, or …

Policy Guidance For The Transfer Of Dod Installations To The Government Of Panama, Jeffrey F. Addicott

Faculty Articles

Under the provisions of the 1977 Panama Canal Treaty, all United States military forces will be withdrawn from the Government of Panama (GOP). Additionally, by December 31, 1999, all United States military installations and other facilities will be turned over to the GOP.

To better accomplish the transfer of Department of Defense’s (DOD) installations to the GOP, the Panama Canal Treaty Implementation Plan Agency (TIPA) released a comprehensive policy guidance document (PGD) entitled “Policy Guidance for the Transfer of DOD Installations to the Government of Panama.” Army lawyers have been instrumental in helping draft this document, and the four major …

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.

Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.

Faculty Scholarship

Colonel Dunlap argues that civilian control of the United States military is eroding as a result of seemingly disparate phenomena. Colonel Dunlap first examines the American tradition of antimilitarism, which he believes no longer effectively restrains the modern armed forces. He then analyzes the effects of the military's elevated public support, the evolving nature of the leadership elite, and the increasing vulnerability of constitutional safeguards to military influence. In an effort to assess the current predicament, Colonel Dunlap introduces the new paradigm of postmodern militarism that challenges traditional notions of civilian control. Noting the potential long-term implications of excessive military …

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Chase Bobbitt

Faculty Scholarship

I approached John Ely's' new book with the anticipation of delight, qualified by a certain apprehensiveness. Delight because Ely is almost alone among writers in my solemn field in his ability to write with humor; indeed, he writes in a style that reminds me of the marvelous Joseph Heller. There is no reason, I suppose, for constitutional law professors to be incapable of writing amusing and fresh prose or exposing a false syllogism with the light touch of juxtaposition rather than the heavy bludgeon of irony, but how rare this is! More importantly, Ely's arguments have the satisfying feel of …