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Articles 1 - 30 of 55
Full-Text Articles in Military, War, and Peace
Comments On Walzer's "Judgment Days": Public Accountability For The Egregious Behavior Of, Ibpp Editor
Comments On Walzer's "Judgment Days": Public Accountability For The Egregious Behavior Of, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on Michael Walzer's "Judgment Days". Walzer's article was published in The New Republic, December 15, 1997, pp. 13-14.
The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis
The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis
University of Michigan Journal of Law Reform
The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …
A Postscript On Vmi, Elizabeth M. Schneider
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Indiana Law Journal
No abstract provided.
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Penn State International Law Review
No abstract provided.
A Straight Word On Sex For The United States Armed Forces, Ibpp Editor
A Straight Word On Sex For The United States Armed Forces, Ibpp Editor
International Bulletin of Political Psychology
This article presents aspects of a policy on sexuality that will support "good order and discipline," "character," and other hypothetical constructs allegedly associated with a military's contribution to the security of its sponsors. (For a related article see "Sex as a Military Weapon" in IBPP Vol. 1, No. 14, February 28,1997.)
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
Pollard And Priorities, Kenneth Lasson
Long Overdue, Kenneth Lasson
The Klaus Barbie Trail And Crimes Against Humanity, Jean-Olivier Viout
The Klaus Barbie Trail And Crimes Against Humanity, Jean-Olivier Viout
Hofstra Law & Policy Symposium
No abstract provided.
The International Criminal Tribunal For The Former Yugoslavia: It's Functioning And Future Prospects, Claude Jorda
The International Criminal Tribunal For The Former Yugoslavia: It's Functioning And Future Prospects, Claude Jorda
Hofstra Law & Policy Symposium
No abstract provided.
Report Of The International Criminal Tribunal For Rwanda, Robert F. Van Lierop
Report Of The International Criminal Tribunal For Rwanda, Robert F. Van Lierop
Hofstra Law & Policy Symposium
No abstract provided.
A Divorce Waiting To Happen: Franklin Roosevelt And The Law Of Neutrality, 1935-1941, Aaron Xavier Fellmeth
A Divorce Waiting To Happen: Franklin Roosevelt And The Law Of Neutrality, 1935-1941, Aaron Xavier Fellmeth
Buffalo Journal of International Law
No abstract provided.
After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres
After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres
Penn State International Law Review
No abstract provided.
Keeping The Peace-British, Israeli, And Japanese Legislative Responses To Terrorism, Matthew H. James
Keeping The Peace-British, Israeli, And Japanese Legislative Responses To Terrorism, Matthew H. James
Penn State International Law Review
No abstract provided.
A Mythical State's Attitude Toward The Role Of The United Nations Maintaining And Restoring Peace, Frederic L. Kirgis
A Mythical State's Attitude Toward The Role Of The United Nations Maintaining And Restoring Peace, Frederic L. Kirgis
Scholarly Articles
No abstract provided.
"The Murderers Among Them" - German Justice And The Nazis, Fritz Weinschenk
"The Murderers Among Them" - German Justice And The Nazis, Fritz Weinschenk
Hofstra Law & Policy Symposium
No abstract provided.
Status Report On The International Criminal Court, David Stoelting
Status Report On The International Criminal Court, David Stoelting
Hofstra Law & Policy Symposium
No abstract provided.
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
UIC Law Review
No abstract provided.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Articles
Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China
Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo
Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo
Vanderbilt Journal of Transnational Law
Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …
Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee
Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee
Vanderbilt Journal of Transnational Law
In recent years, U.N. peacekeeping operations have become an increasing focus of international military action and media coverage. While the military and the media have maintained a precarious balance in the United States between the military's objective of operational success and the media's call for uncensored reporting, the evolution and growing importance of U.N. peacekeeping offers new considerations to this balance. This Note examines the ability of the United Nations to affect the balance between the military and the media through the implementation of U.N. media rules during peacekeeping operations. This Note begins by reviewing the history of media coverage …
Securing The Strength Of The Renewed Npt: China, The Linchpin "Middle Kingdom", Gary J. Meise
Securing The Strength Of The Renewed Npt: China, The Linchpin "Middle Kingdom", Gary J. Meise
Vanderbilt Journal of Transnational Law
The consensus indefinite extension of the Nuclear Non-Proliferation Treaty (NPT) in 1995 and the more recent conclusion of a Comprehensive Test Ban Treaty. which was supported by all five of the world's declared nuclear weapons states, allow for unprecedented optimism by nonproliferation experts regarding nuclear weapons proliferation curtailment and weapons reduction. These recent inroads into the accomplishment of NPT goals raise new questions. however. regarding the underlying commitment level of nuclear powers. China's proliferation record, in particular. is marred with inconsistencies, but its current economic growth and increasingly nonisolationist policies may cause China to reconsider its past noncompliance with the …
To Judge Between Nations: Post Cold War Transformations In National Security And Separations Of Powers - Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez
Scholarly Articles
No abstract provided.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
An Absence Of Accountability For The My Lai Massacre, Jeannine Davanzo
An Absence Of Accountability For The My Lai Massacre, Jeannine Davanzo
Hofstra Law & Policy Symposium
No abstract provided.
American Innocence, Robert N. Strassfeld
American Innocence, Robert N. Strassfeld
Faculty Publications
The sad fact is that our relationship to torture and other atrocities is more complicated and less innocent than we or President Bush would like to believe. This article examines that relationship and the ways in which we try to distance ourselves from torture and atrocity. Part II briefly explores our notions of exceptionalism and innocence. Part III then turns to our efforts to evade responsibility for torture and atrocity. First, it briefly discusses ways in which we try to deny our own acts of torture and abuse through rhetorical misdirection and by relegating torture to the shadows. Part III's …
International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi
International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi
LLM Theses and Essays
With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
All Faculty Scholarship
No abstract provided.