Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Mar. 2017)., 2017 Georgetown University Law Center
Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Mar. 2017)., Janelle M. Langan
Janelle M. Langan
The Law (?) Of The Lincoln Assassination, 2017 Georgetown University Law Center
The Law (?) Of The Lincoln Assassination, Martin S. Lederman
Georgetown Law Faculty Publications and Other Works
Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed ...
False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks
Pepperdine Law Review
By casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion—and ultimately a ban—on lethal autonomous weapons (LAWS). The real concern is the weapon systems’ ability to select and engage targets without human intervention. However, weapons systems that perform these functions have already been employed internationally since 1980 and The Campaign has been unable to specify which of the current systems its proposed ban should include. This article explains autonomy in general and as applied to weapons ...
Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, 2017 Indiana University Maurer School of Law
Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke
Indiana Journal of Constitutional Design
In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime ...
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, 2017 University of Richmond
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
Law Student Publications
This article aims to offer a solution for prosecuting terrorists consistently and efficiently in the ever-expanding world of modern warfare. It argues that our country's approach to prosecuting terrorists has been wildly inconsistent, and that clarity and consistency are required moving forward. The executive branch, which directs the path the Department of Justice and military take in these arenas, has been the main instigator of the inconsistency. The decision whether to prosecute foreign, non-citizen terrorists in an Article III federal court or military tribunal/commission has become politicized, allowing political winds to dictate policy, albeit an inconsistent, unprincipled one ...
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, 2016 St. Louis University
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, 2016 U.S. Naval War College
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a ...
The Korean War Through The Eyes Of Ray Deweese, 2016 Southern Adventist Univeristy
The Korean War Through The Eyes Of Ray Deweese, Yulissa Y. Lara
Ray DeWeese was born in Cleveland, TN on May 10, 1928 and has lived in Cleveland most of his life. He enlisted in the Marine Corps at 17 years old and fought towards the end of World War II and went off to be a pilot and officer during the Korean War. This interview depicts Mr.DeWeese’s experience during World War II but digs deeper into the difficulty of being a pilot during the brutal Korean War. As Mr. DeWeese recounts his traumatic experience he emphasizes how his diligent training, hardworking comrades, and his Faith in God got him ...
Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter
Space Traffic Management Conference
Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic ...
Soldier 2.0: Military Human Enhancement And International Law, 2016 U.S. Naval War College
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
International Law Studies
Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their ...
Newsroom: Margulies Cited On Military Commissions 11-04-2016, 2016 Roger Williams University School of Law
Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies
Life of the Law School (1993- )
No abstract provided.
The Common Law Of War, 2016 College of William & Mary Law School
The Common Law Of War, Jens David Ohlin
William & Mary Law Review
In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a ...
If George Washington Did It, Does That Make It Constitutional? : History's Lessons For Wartime Military Tribunals, 2016 Georgetown University Law Center
If George Washington Did It, Does That Make It Constitutional? : History's Lessons For Wartime Military Tribunals, Martin S. Lederman
Georgetown Law Faculty Publications and Other Works
Congress has recently authorized military commissions to try individuals for domestic-law offenses—such as providing material support to terrorism, and conspiring to commit law-of-war offenses—in addition to offenses against the international laws of war. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution guarantees. The constitutionality of such an abrogation of Article III’s criminal-trial guarantees has been debated in many of the Nation’s wars, without clear resolution. The Article III question is now the subject of a potentially landmark case, al Bahlul v. United States, that the Supreme Court may ...
Partners And Legal Pitfalls, 2016 U.S. Naval War College
Partners And Legal Pitfalls, Brian Finucane
International Law Studies
Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.
The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, 2016 Providence College
The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, Lazarus Ejike Onuh
Theology Graduate Theses
List of Abbreviations
- The Value of Human Life and the Paradox of War
- The Nuts and Bolts of Drones
- The Moral Landscape of Drone Warfare and Its Implication on the Just War Theory
- The Cardinal Virtues and the Drone Operator
- The Victimhood of the Drone Operator
- Beyond Moral Injury; Soul Wound and Repair
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, 2016 Bucknell University
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Faculty Journal Articles
This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural habit Yến Lê Espiritu dubs the “we-win-even-when-we-lose-syndrome.” Lai’s novel, by contrast, represents a new generation of Vietnamese American texts that find narrative possibilities outside the teleology of the grateful refugee, in part by challenging a hegemonic visual culture that has rendered refugees frequently seen but seldom heard. Refugee narratives stemming from the Vietnam War continue to find an eager audience, as they prime the social imaginary to make sense of the newest US wars; the article concludes by analyzing echoes of the sentimental rescue-and-gratitude narrative in media coverage of the recent Iraq War and its refugees.
Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty
Duke Law & Technology Review
Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from ...
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, 2016 Loyola University Chicago, School of Law
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
John C. Dehn
After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary ...
Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, 2016 West Virginia University
Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer
This article argues that the current cartel war in Mexico represents a clear and present danger to the national security of the United States. Some have estimated Mexico, one of the United States’ closest allies, has lost more than 60,000 people in its drug war. That is approximately a murder every hour related to cartel violence. Some experts claim the death toll has been greatly soft-pedaled, with the government reducing violence by simply not reporting it, and that the actual death toll is over 100,000. These numbers do not even include the nearly 40,000 Americans who die ...
Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, 2016 West Virginia University College of Law
Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer
No abstract provided.