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Recent Articles in Military, War and Peace

The Law Of Armed Conflict, The Use Of Military Force, And The 2001 Authorization For Use Of Military Force : Hearing Before The S. Committee On Armed Services, 113th Cong., May 16, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks Georgetown University Law Center

The Law Of Armed Conflict, The Use Of Military Force, And The 2001 Authorization For Use Of Military Force : Hearing Before The S. Committee On Armed Services, 113th Cong., May 16, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks

Testimony Before Congress

Mr. Chairman, almost twelve years have gone by since the passage of the AUMF on September 14, 2001. The war in Afghanistan–-the longest war in U.S. history--has begun to wind down. But at the same time, a far more shadowy war has quietly accelerated.


The Evolving Jurisprudence Of The Crime Of Rape In International Criminal Law, Phillip Weiner Boston College Law School

The Evolving Jurisprudence Of The Crime Of Rape In International Criminal Law, Phillip Weiner

Boston College Law Review

For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as Rwanda, Sierra Leone, and the former Yugoslavia have struggled to develop a coherent definition of the elements of rape. This is largely due to the unique aspects of consent and coercion that are inherent within a surrounding context of armed conflict. This Article begins by exploring ...


Training Army Judge Advocates To Advise Commanders As Operational Law Attorneys, Richard P. DiMeglio Boston College Law School

Training Army Judge Advocates To Advise Commanders As Operational Law Attorneys, Richard P. Dimeglio

Boston College Law Review

Today, U.S. Army commanders and the military lawyers assigned to advise them—Army Judge Advocates—find themselves operating in areas of extreme legal complexity, where nuanced political and strategic implications are often at the forefront, and where “black letter law” is rarely sufficient to render competent advice. Through formal training at The Judge Advocate General’s Legal Center and School, observance of the lessons learned by other Judge Advocates collected by the Center for Law and Military Operations, and hands-on training at Combat Training Centers, Army Judge Advocates are prepared to address the ever-increasing operational demands of the commanders ...


Globalization And Hegemony Shift: Are States Merely Agents Of Corporate Capitalism?, Upendra D. Acharya Boston College Law School

Globalization And Hegemony Shift: Are States Merely Agents Of Corporate Capitalism?, Upendra D. Acharya

Boston College Law Review

Since the advent of state sovereignty with the Peace of Westphalia, powerful Western nations have determined and applied international law in a manner that advance their national interests. In short, the international legal process has been a mechanism of hegemony, and powerful Western nations have been hegemons through this process over less-developed countries. Since the 1990s, however, the fall of the Soviet Union, the spread of technology, and the advent of multinational corporations have led to a new order wherein corporate capitalism has become a primary force in international law and states mostly serve corporate interests. This new order was ...


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Touro College Jacob D. Fuchsberg Law Center

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole Touro College Jacob D. Fuchsberg Law Center

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Touro College Jacob D. Fuchsberg Law Center

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"


The Behavior Of The French Army During The Dreyfus Affair, General André Bach Touro College Jacob D. Fuchsberg Law Center

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.


The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran Touro College Jacob D. Fuchsberg Law Center

The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran

Touro Law Review

Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Touro College Jacob D. Fuchsberg Law Center

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer College of William & Mary Law School

Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer

William & Mary Journal of Women and the Law

No abstract provided.


Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman Pepperdine University

Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman

Pepperdine Law Review

No abstract provided.


Selling Our Souls For Dross: The Ethical Failure Of Psychologists And The Apa In Post 9/11 Interrogations And Torture, Jim Cosgrove Seton Hall Law

Selling Our Souls For Dross: The Ethical Failure Of Psychologists And The Apa In Post 9/11 Interrogations And Torture, Jim Cosgrove

Student Scholarship

No abstract provided.


Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales Pepperdine University

Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith Pepperdine University

The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith Pepperdine University

The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Administrative Procedure Act And The Military Departments, Thomas R. Folk Pepperdine University

The Administrative Procedure Act And The Military Departments, Thomas R. Folk

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich Claremont Colleges

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


The Kosovo War: Nato’S Opportunity, Sead Osmani Claremont Colleges

The Kosovo War: Nato’S Opportunity, Sead Osmani

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Australia's Views On Global Summitry: The Case Of The G20, Melissa Conley Tyler Global Summitry Journal

Australia's Views On Global Summitry: The Case Of The G20, Melissa Conley Tyler

Global Summitry Journal

When Australia announced in 2010 that it would become a member of the Asia Europe Meeting (ASEM), I sought out one’s of Australia’s leading experts on Australia-Europe relations, Professor Philomena Murray. I asked her why she thought Australia was pushing to become a member of ASEM after previous unsuccessful attempts. Her view: Australia is “a joiner.”

This appears to be a fair statement of Australia’s current approach to global summitry, a pattern begun during former Prime Minister Kevin Rudd’s tenure and still very much pursued under the leadership of the current Prime Minister Julia Gillard. To ...