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Interpreting Force Authorization, Scott Sullivan 2014 Louisiana State University Law Center

Interpreting Force Authorization, Scott Sullivan

Scott Sullivan

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in ...


A “More Searching Judicial Inquiry”: The Justiciability Of Intra-Military Sexual Assault Claims, Ann-Marie Woods 2014 Boston College Law School

A “More Searching Judicial Inquiry”: The Justiciability Of Intra-Military Sexual Assault Claims, Ann-Marie Woods

Boston College Law Review

More than seventy members of the U.S. military face abusive sexual contact, aggravated sexual assault, or rape every day, equating to three victims every hour. Congress and the Department of Defense have proposed reforms that focus on changes to the criminal justice system under the Uniform Code of Military Justice (UCMJ) in addition to tactical safety and informational efforts for prevention and response. Although deterrent measures and a transparent criminal justice system are both necessary components for meaningful reform, this Note argues that lasting institutional change and true individual justice can only be achieved by providing a civil remedy ...


The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott 2014 University of Georgia School of Law

The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis 2014 University of Georgia School of Law

A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu 2014 University of Georgia School of Law

Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of The European Union Common Defense And Its Implications For The United States And Nato, Audrey Baggett 2014 University of Georgia School of Law

The Development Of The European Union Common Defense And Its Implications For The United States And Nato, Audrey Baggett

Georgia Journal of International & Comparative Law

No abstract provided.


Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith 2014 University of Georgia School of Law

Is Honesty Still The Best Policy: Considering Legal Options For Missile Defense And The Antiballistic Missile Treaty, Hillary A. Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Article 5 Of The North Atlantic Treaty: Past, Present, And Uncertain Future, Broderick C. Grady 2014 University of Georgia School of Law

Article 5 Of The North Atlantic Treaty: Past, Present, And Uncertain Future, Broderick C. Grady

Georgia Journal of International & Comparative Law

No abstract provided.


Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo 2014 University of Georgia School of Law

Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo

Georgia Journal of International & Comparative Law

No abstract provided.


International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck 2014 University of Georgia School of Law

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.


Loud Talk About A Quiet Issue: The International Atomic Energy Agency's Struggle To Maintain The Confidentiality Of Information Gained In Nuclear Facility Inspections, Alison Van Lear 2014 University of Georgia School of Law

Loud Talk About A Quiet Issue: The International Atomic Energy Agency's Struggle To Maintain The Confidentiality Of Information Gained In Nuclear Facility Inspections, Alison Van Lear

Georgia Journal of International & Comparative Law

No abstract provided.


New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell 2014 University of Georgia School of Law

New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell

Georgia Journal of International & Comparative Law

No abstract provided.


Latin American Democracy: Flourishing Or Floundering?, Dawn Bennett-Ingold 2014 University of Georgia School of Law

Latin American Democracy: Flourishing Or Floundering?, Dawn Bennett-Ingold

Georgia Journal of International & Comparative Law

No abstract provided.


The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn 2014 University of Georgia School of Law

The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn

Georgia Journal of International & Comparative Law

No abstract provided.


Enhanced Interrogation: Torture Policies Of The United States, Philip A. Quigley 2014 Chapman University

Enhanced Interrogation: Torture Policies Of The United States, Philip A. Quigley

e-Research: A Journal of Undergraduate Work

Over the last decade the US Government has worked tirelessly to combat terrorists, insurgents, and those who intend harm to the US, its interests, and its allies and their interests. The US Military and the US Intelligence Community have used many tactics as part of a more complex strategy for waging a worldwide war against al-Qaeda, other terrorist organizations, and their base of support. No tactic has garnered as much public attention, media outcry, and political debate as the use of torture, or more euphemistically referred to in US Government documents, "enhanced interrogation." The use of this tactic has strained ...


Cross Border Data Flows: Could Foreign Protectionism Hurt U.S. Jobs?: Hearing Before The Subcomm. On Commerce, Mfg. & Trade Of The H. Comm. On Energy & Commerce, 113th Cong., Sept. 17, 2014 (Statement Of Laura K. Donohue), Laura K. Donohue 2014 Georgetown University Law Center

Cross Border Data Flows: Could Foreign Protectionism Hurt U.S. Jobs?: Hearing Before The Subcomm. On Commerce, Mfg. & Trade Of The H. Comm. On Energy & Commerce, 113th Cong., Sept. 17, 2014 (Statement Of Laura K. Donohue), Laura K. Donohue

Testimony Before Congress

Documents released over the past year detailing the National Security Agency’s telephony metadata collection program and interception of international content under the Foreign Intelligence Surveillance Act (FISA) directly implicated U.S. high technology companies in government surveillance. The result was an immediate, and detrimental, impact on U.S. firms, the economy, and U.S. national security.

The first Snowden documents, printed June 5, 2013, revealed that the U.S. government had served orders on Verizon, directing the company to turn over telephony metadata under Section 215 of the USA PATRIOT Act. The following day, The Guardian published classified slides ...


Are Approval Ratings An Accurate Reflection Of Success? Effects Of Media Coverage On Public Opinion Of Colin Powell, Michaela Dalton 2014 Chapman University

Are Approval Ratings An Accurate Reflection Of Success? Effects Of Media Coverage On Public Opinion Of Colin Powell, Michaela Dalton

e-Research: A Journal of Undergraduate Work

No abstract provided.


Colin Powell, Torture And Terror, Jonathan Cohen 2014 Chapman University

Colin Powell, Torture And Terror, Jonathan Cohen

e-Research: A Journal of Undergraduate Work

This paper will address evidence linking the former Secretary of State, General Colin Powell, to the hotly-debated torture program of the George W. Bush (GWB) administration. The evidence in this paper suggests that the policies and practices of torture in the War on Terror were planned and authorized by General Powell and other senior officials in the GWB administration.


On Shaky Grounds: Reasons Behind The Failure To Adhere To The "Powell Doctrine" In The 2003 Iraq Invasion, Sasha Anderson 2014 Chapman University

On Shaky Grounds: Reasons Behind The Failure To Adhere To The "Powell Doctrine" In The 2003 Iraq Invasion, Sasha Anderson

e-Research: A Journal of Undergraduate Work

Why did we go to war with Iraq and what are we still doing there? This question is one of our most pressing foreign policy issues and continues to be hotly debated by politicians, journalists and citizens. The invasion of Iraq in 2003 was executed in a strikingly different fashion than the strategy used in an earlier conflict with Iraq, the Persian Gulf War of 1990-1991. Rather than follow a strategy consisting of clear goals, overwhelming force and a predetermined exit strategy, the US military blundered into Iraq in 2003 without a way to measure victory and without a plan ...


The Powell Doctrine Of Foreign Policy: International Development As Homeland Security, Katherine Blaisdell 2014 Chapman University

The Powell Doctrine Of Foreign Policy: International Development As Homeland Security, Katherine Blaisdell

e-Research: A Journal of Undergraduate Work

Despite mixed response by voters to the idea of sending tax dollars to other countries for any purpose, administrations since Franklin Roosevelt have used foreign aid as part of their economic and foreign policy. The Bush administration and the Department of State under Colin Powell's leadership were no exception, and even raised foreign aid levels. However, many (see, for example, Mertus, 2008) argue that the Bush administration's primary goal was creating a strategic power balance and stable world system, with alleviation of poverty and disease being just a side effect to be used for public relations advantages. In ...


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