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Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer 2014 SelectedWorks

Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer

Arthur L. Rizer III

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 ...


The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams 2014 SelectedWorks

The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams

Ryan T. Williams

Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other ...


A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg 2014 University of San Francisco

A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg

Peter J Honigsberg

No abstract provided.


Trade, Bert Chapman 2014 Purdue University

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.


Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto 2014 SelectedWorks

Back To The Future With The Uniform Code Of Military Justice: The Need To Recalibrate The Relationship Between The Military Justice System, Due Process, And Good Order And Discipline, Anthony J. Ghiotto

Anthony J. Ghiotto

In recent years, the military justice system has come under increased Congressional and public scrutiny. Driving much of this increased scrutiny is the issue of sexual assault. The dramatic increase in reported sexual assaults, coupled with the military’s response, resulted in public officials calling for dramatic reform of the military justice system. These calls for reform included limiting, and even removing, the role commanders play in the military justice system. The military departments must proceed carefully, though, with these calls for reform. Dramatic reforms designed to correct the apparent flaws in the military justice system may in turn undermine ...


The New World Order: Humanitarian Interventions From Kosovo To Libya And Perhaps Syrian?, Ilan Fuchs, Harry Borowski 2014 SelectedWorks

The New World Order: Humanitarian Interventions From Kosovo To Libya And Perhaps Syrian?, Ilan Fuchs, Harry Borowski

Ilan Fuchs

The Involvement of NATO forces in the toppling of Libyan longtime dictator Muammar Kaddafi was received with standing ovation in world media. The Libyan dictator was involved in terrorism and in crimes not only against his own people but against citizens of many other countries as well. One question seems to have been overlooked: under what grounds did NATO join an armed non-international conflict?

This article will reevaluate the few sources that discuss the issue and offer a model that will help define the ambiguous scenario of humanitarian intervention.


United States Of America V. Manning, Bradley E., Pfc: When Fear Meets Reality: How An Aggressive Prosecution Did Not Equate To An Assault On First Amendment Freedoms, Jordan A. Wilson 2014 SelectedWorks

United States Of America V. Manning, Bradley E., Pfc: When Fear Meets Reality: How An Aggressive Prosecution Did Not Equate To An Assault On First Amendment Freedoms, Jordan A. Wilson

Jordan A Wilson

Abstract:

Although debate concerning the First Amendment rights of government whistleblowers certainly exists, a much more heated debate arises concerning the rights of not the original leakers, but those who choose to publish the leaked material. This debate is only intensified when the government attempts to use military law and apply its jurisdiction to civilian actors.

The court martial of PFC Bradley Manning raised the specific question of whether charges under the Uniform Code of Military Justice (UCMJ) may be brought against civilian news publications who choose to publish the classified information. This question led to the emergence of a ...


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv 2014 University of Georgia School of Law

The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv

Georgia Journal of International & Comparative Law

No abstract provided.


Enlightening The Forgotten: Removal Of State Cases Involving Service-Members Into Federal Courts, Michael C. Walsh 2014 SelectedWorks

Enlightening The Forgotten: Removal Of State Cases Involving Service-Members Into Federal Courts, Michael C. Walsh

Michael C Walsh

No abstract provided.


From The “War On Poverty” To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts 2014 Boston College Law School

From The “War On Poverty” To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts

Boston College Journal of Law & Social Justice

Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6% of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school ...


The Military-Environmental Complex, Sarah E. Light 2014 Boston College Law School

The Military-Environmental Complex, Sarah E. Light

Boston College Law Review

Two competing theories vie for dominance regarding the relationship between the U.S. military and the natural environment. On the one hand, because legal rules permit the military to disregard environmental laws when they conflict with the military’s national security mission, one might be left with the impression that the military always stands opposed to environmental protection. Yet the military is currently engaged in an extensive undertaking to improve its sustainable energy use by reducing demand and developing renewables in its multiple roles as a war fighter, a landlord, a first user of pre-commercial technologies, and a potential high-demand ...


Command Responsibility—A Legal Obligation To Deter Sexual Violence In The Military, Lindsay Hoyle 2014 Boston College Law School

Command Responsibility—A Legal Obligation To Deter Sexual Violence In The Military, Lindsay Hoyle

Boston College International and Comparative Law Review

The United States should adopt the international doctrine of command responsibility within the Uniform Code of Military Justice (UCMJ) as a solution to widespread reports of intra-military rape and sexual assault. Applying command responsibility to serious violations of the UCMJ, like rape, would establish a clear mandate for the military to prosecute any commander who fails to reasonably prevent, investigate, or punish serious UCMJ violations that he or she knew about, either via constructive or actual knowledge. Congress should limit the doctrine’s scope to serious UCMJ violations that commanders are aware of and recklessly choose to ignore in order ...


Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan 2014 Touro College Jacob D. Fuchsberg Law Center

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.


Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon 2014 Pepperdine University

Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon

Pepperdine Law Review

This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with ...


From The Barracks To The Frat House: Hegemonic Masculinity And The Normalization, Promotion And Replication Of Rape Culture In Male Dominated Spaces-- A Comparison Of The United States Military And The American College Fraternity, Elizabeth H. Scott 2014 College of William and Mary

From The Barracks To The Frat House: Hegemonic Masculinity And The Normalization, Promotion And Replication Of Rape Culture In Male Dominated Spaces-- A Comparison Of The United States Military And The American College Fraternity, Elizabeth H. Scott

Honors Theses

The adolescent clubhouse, the fraternity and the military are all critical spaces that frame and nurture the normative masculine gender script, and therefore the assumption and replication of a hegemonic masculinity. Because hegemonic masculinities are so intricately woven into the fibers of the United States military and the American fraternity, these organizations and the rich traditions that compose their histories and inform their practices and ideologies, are the focus of this study. I argue that these two spaces normalize, sustain, promote and replicate rape culture by requiring members’ performance of hegemonic masculinity. Members’ performance of a hegemonic masculinity contributes to ...


Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding 2014 SelectedWorks

Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding

Dillon A Redding

This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...


The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly 2014 Boston College Law School

The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly

Boston College Environmental Affairs Law Review

Enforcing environmental laws does not immediately appear to be fundamentally inconsistent with maintaining national security. Many people have criticized the Emergency Planning and Community Right to Know Act, however, as potentially placing American citizens at risk of a terrorist attack. This Note discusses the difficulties associated with striking the balance between giving citizens access to important environmental information while limiting terrorists’ ability to misuse that same information. Although this issue is a difficult one on its own, it is compounded by recent developments affecting standing in environmental citizen suits. This Note argues that even if the proper balance is struck ...


Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael DeIulis 2014 Boston College Law School

Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael Deiulis

Boston College Environmental Affairs Law Review

The conflicting decisions for the Courts of Appeals for the Third and Ninth Circuits in New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission and San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, respectively, leave it an open question outside those jurisdictions whether the Nuclear Regulatory Commission (NRC) must account for the environmental impacts of terrorism under the National Environmental Policy Act (NEPA) § 102(2)(C). Courts should follow the Ninth Circuit’s approach of requiring such an analysis because the impacts of terrorism are not too far removed from the underlying agency action. Although programmatic treatment ...


National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic 2014 College of William & Mary Law School

National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic

Lewis B. Puller, Jr. Veterans Benefits Clinic

No abstract provided.


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