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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 ...


The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall 2014 SelectedWorks

The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall

Dan E Stigall

The Arab Spring sent shockwaves through the political landscape of the Middle East and North Africa and upended long-standing authoritarian regimes throughout the region in rapid succession. Among the many countries touched by the Arab Spring, however, Libya and Syria have been among the most profoundly impacted, experiencing institutional deficits that complicate efforts to resolve ongoing conflicts and now threaten regional stability.

The effects of such instability pose a threat to the international community, making the stabilization of these countries a matter of international concern. In order to transition from conflict to peace and sustainable development in Libya and Syria ...


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio 2014 Liberty University

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks ...


Military Law: Time To Mandate Best Interests Of The Child To Restrict Deployments Of Parents That Affect Preschool Children, John Lynch 2014 SelectedWorks

Military Law: Time To Mandate Best Interests Of The Child To Restrict Deployments Of Parents That Affect Preschool Children, John Lynch

John T Lynch

MILITARY LAW: TIME TO MANDATE BEST INTERESTS OF THE CHILD TO RESTRICT DEPLOYMENTS

OF PARENTS THAT AFFECT PRESCHOOL CHILDREN

This article calls for legislation that would prevent foreign deployment of military personnel who are single parents or both military parents of preschool children. It first surveys the refusal of Congress to do so in the most recent large-scale deployments, the First Gulf War and later conflicts in Iraq and Afghanistan. It surveys expert literature that contends that such separation of young children from their parents is not in the best interest of the children. Finally it sets out a proposal ...


Prosecutor V. Taylor: The Implications For Bashar Al-Assad, Steven J. Rose 2014 Boston College Law School

Prosecutor V. Taylor: The Implications For Bashar Al-Assad, Steven J. Rose

Boston College International and Comparative Law Review

Charles Taylor was the first sitting head of state to be indicted, tried, and convicted by an international criminal tribunal, the Special Court for Sierra Leone. This comment explores the procedural and structural similarities between the Special Court for Sierra Leone and the International Criminal Court. This comment then compares the evidence used to convict Charles Taylor and the evidence currently available about possible war crimes and crimes against humanity ongoing in Syria. Finally, this comment argues that Bashar al-Assad should be tried before the International Criminal Court, and that the Taylor case can be used as a template, due ...


The Expense Of Expansion: Judicial Innovation At The Special Tribunal For Lebanon, Erik Stier 2014 Boston College Law School

The Expense Of Expansion: Judicial Innovation At The Special Tribunal For Lebanon, Erik Stier

Boston College International and Comparative Law Review

The Special Tribunal for Lebanon (STL) is a hybrid international tribunal tasked with prosecuting and punishing those responsible for the 2005 bombing that killed former Lebanese Prime Minister Rafik Hariri. As the first international tribunal to try purely domestic crimes, the STL is a unique judicial body that employs a number of novel procedures. One such procedural rule allowed the STL Pre-Trial Judge to submit questions on applicable law to the Appeals Chamber prior to confirming any indictments. Responding in the form of an interlocutory decision, the Appeals Chamber made the groundbreaking assertion that customary international law on terrorism had ...


Moving Forward With The Responsibility To Protect: Using Political Inertia To Protect Civilians, Steven J. Rose 2014 Boston College Law School

Moving Forward With The Responsibility To Protect: Using Political Inertia To Protect Civilians, Steven J. Rose

Boston College International and Comparative Law Review

First formulated in 2005, the Responsibility to Protect has emerged onto the international legal landscape. This doctrine recently was expressed in the 2011 United Nations-authorized humanitarian intervention in Libya. Despite this promising start, the doctrine—designed to protect civilians from violence caused by their government or violence which the government is powerless to stop—has done nothing for the civilians in Syria. This Note explores the history of the Responsibility to Protect, identifies its flaws, analyzes proposed reforms, and ends with a suggested revision to the doctrine. This suggested revision would allow the political inertia of states to work for ...


A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken 2014 College of William & Mary Law School

A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken

William & Mary Journal of Women and the Law

No abstract provided.


"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson 2014 SelectedWorks

"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson

K Benson

Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in ...


Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray 2014 SelectedWorks

Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray

Jeffery R Ray

This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I, of the analysis, will discuss three issues: First, the modern understanding of genocide and the substantive areas of law that govern it; Second, the definition of ‘child’ within the international arena as it relates to child soldering; Third, a discussion to determine if children can constitute a ‘group’ in the context of the law of genocide.

Part II provides a discussion elaborating on Part I then analyzing ...


Veterans Treatment Courts: Do Status-Based Problem-Solving Courts Create An Improper Privileged Class Of Criminal Defendants?, Allison E. Jones 2014 Washington University School of Law

Veterans Treatment Courts: Do Status-Based Problem-Solving Courts Create An Improper Privileged Class Of Criminal Defendants?, Allison E. Jones

Washington University Journal of Law & Policy

Although veterans treatment courts themselves are a recent and developing innovation, veteran status and its intersection with criminal sentencing considerations has an increasingly substantial legal basis to draw on. Prior to the expansion of problem-solving courts to reach veterans, many state-level trial court judges already considered military service-related disorders as potential mitigating factors. More recently, several states have either passed or proposed legislation designating veteran or active military status as a statutory mitigating factor, and current federal sentencing guidelines follow a 2009 Supreme Court decision affirming the proper role of a defendant’s military history in the penalty phase. Given ...


Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret 2014 University of Pennsylvania Law School

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal ...


Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero 2013 Georgetown University Law Center

Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

My views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today.


The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter 2013 Seattle University School of Law

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key ...


The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl 2013 University of Georgia School of Law

The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas 2013 University of Georgia School of Law

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen 2013 University of Georgia School of Law

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Keynote Address, Larry D. Johnson 2013 University of Georgia School of Law

Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Keynote Address, Larry D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


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