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Articles 1 - 5 of 5
Full-Text Articles in Military, War, and Peace
Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar
Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar
ExpressO
Every day executive branch officials make thousands of decisions affecting our security and welfare. Homeland security officials screen tens of thousands of people at the border. They decide whose name gets on government “no fly lists.” Agencies freeze suspected terrorist assets, choose what companies to inspect for environmental violations, and decide whom to prosecute. This article describes how judicial review predictably and systematically fails to prevent abuse and promote organizational learning when government officials make many such choices using their discretion to target individuals or groups. It then proposes the use of quasi-judicial audits of executive discretion as a remedy. …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
A Call To Arms: “Taking” The Volunteer Out Of The All Volunteer Force, Jerome Dees
A Call To Arms: “Taking” The Volunteer Out Of The All Volunteer Force, Jerome Dees
ExpressO
No abstract provided.
Nato Counterterrorism And Article 5: Hammer Of The North Atlantic Or Paper Tiger?, David D. Ayliffe
Nato Counterterrorism And Article 5: Hammer Of The North Atlantic Or Paper Tiger?, David D. Ayliffe
ExpressO
This paper concerns the development of the North Atlantic Treaty Organization's counterterrorism program. It seeks to analyze the legal implications of this development and the program's potential effectiveness. Specifically, the paper asserts that NATO's counterterrorism program is consistent with the drafting history of the North Atlantic Treaty and that Article 5 of the North Atlantic Treaty is sufficiently flexible to support future NATO counterterrorism missions.
Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram
Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram
ExpressO
This Article examines the way legal systems respond to social problems through a discursive analysis of a unique and timely issue: conscientious objection to military service based on political and ideological grounds. It explores how legal systems, conducting criminal justice procedures under conditions of warfare and dissent, attempt to maintain balance between addressing the extra-legal challenges presented to them through conscientious objection, and preserving the prevalence of legal inner logic, classification and interpretation.
As opposed to the jurisprudential and philosophical literature about conscientious objection, this Article approaches the issue through an empirical analysis of legal and judicial discourse in a …