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The Case For Sanctioning State Sponsors Of Genocide Incitement, Henry K. Kopel 2015 Department of Justice

The Case For Sanctioning State Sponsors Of Genocide Incitement, Henry K. Kopel

Henry K. Kopel

This Article recommends a policy designed to reduce the incidence of genocide, specifically, legislation imposing sanctions against state sponsors of genocide incitement. This recommendation is based upon the observed fact that pervasive incitement campaigns routinely precede genocides, and psychological studies that document the easily-triggered predispositions capable of transforming ordinary people into mass killers. Three prominent twentieth-century genocides–those of the European Jews, the Bosnian Muslims, and the Rwandan Tutsi–all were preceded by pervasive and deliberate campaigns of hate incitement sponsored by the regimes that conducted the genocides. Most if not all genocides are preceded by similar incitement campaigns. Historical ...


From Mayberry To Ferguson: The Militarization Of American Policing Equipment, Culture, And Mission, Cadman R. Kiker III 2015 Washington and Lee University School of Law

From Mayberry To Ferguson: The Militarization Of American Policing Equipment, Culture, And Mission, Cadman R. Kiker Iii

Washington and Lee Law Review Online

We are at the dawn of a new era of policing in the United States. In recent months, images of armed police officers patrolling the streets of Ferguson, Missouri, and of a toddler burned by a Georgia SWAT team’s grenade have been indelibly branded into America’s social consciousness. There is a unique bipartisan outcry from Washington in a time otherwise marked by bitter political divides. Politicians and journalists alike are questioning the efficacy of a militaristic police force and the path that led to this shift in the paradigm of policing.

This Essay examines the how and why ...


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2015 West Virginia University

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur L. Rizer III

The recent protests, police overreaction, and subsequent riots in Ferguson, Missouri, demonstrated to Americans and to the world the true extent of the militarization of police in communities across the United States. Deployed throughout Ferguson, in preemption and then in response to protesters’ actions, were ranks of heavily armed, flak-jacketed, camouflage uniformed police standing atop and around armored personnel carriers with machine guns mounted. Such a response evidences that the line between police and soldiers in communities is blurring, if not blurred. This militarization is, in part, a result of a principle Americans have held dear since our founding, that ...


Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, gregory m. huckabee 2015 University of South Dakota

Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee

Gregory M. Huckabee

Law vs. Science: Should law as a core subject be eliminated at the U.S. Armed Services Academies in favor of more relevant STEM (science, technology, engineering, mathematics) courses? As recent cyberterror events have unfolded, more STEM knowledge is needed in the armed forces. STEM courses are on the march for inclusion in greater numbers in academy core curriculums. In order for new STEM courses to join the academic heart of academy learning, predecessor courses must be reviewed for relevancy, significance, and materiality. One core course in common at all three military academies is law. Yet few core curriculums can ...


Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer 2015 University of Georgia School of Law

Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Combatting International Terrorism: The Role Of Congress, Dante B. Fascell 2015 United States House of Representatives

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.


Child Soldiers And Peace Agreements, Rose Mukhar 2015 Golden Gate University School of Law

Child Soldiers And Peace Agreements, Rose Mukhar

Annual Survey of International & Comparative Law

This paper will explore and analyze the relationship between child soldiers and peace processes. It will address the protections offered – or lack thereof – by human rights and international humanitarian law to child soldiers in armed conflicts. In particular, the conflict in the Democratic Republic of the Congo (“DRC”) is specifically addressed because the DRC conflict from 1996 to 2002 can most likely be classified as a non-international armed conflict – which is what most of today’s conflicts are deemed; also because the numerous peace treaties from this time frame primarily failed to provide a lasting peace in the DRC region ...


Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden 2015 University of Georgia School of Law

Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden

Georgia Journal of International & Comparative Law

No abstract provided.


The Right Of Counterintervention, John A. Perkins 2015 Palmer & Dodge

The Right Of Counterintervention, John A. Perkins

Georgia Journal of International & Comparative Law

No abstract provided.


"People Power" And Pacific Security: The United States-Philippine Alliance After The 1986 Philippine Constitution, Michael M. Gerardi 2015 University of Georgia School of Law

"People Power" And Pacific Security: The United States-Philippine Alliance After The 1986 Philippine Constitution, Michael M. Gerardi

Georgia Journal of International & Comparative Law

No abstract provided.


Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler 2015 University of Georgia School of Law

Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler

Georgia Journal of International & Comparative Law

No abstract provided.


Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erick Franckx 2015 Vrije Universiteit Brussel

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erick Franckx

Georgia Journal of International & Comparative Law

No abstract provided.


Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack 2015 Boston College Law School

Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack

Boston College Environmental Affairs Law Review

In Defenders of Wildlife v. United States Department of the Navy, the U.S. Court of Appeals for the Eleventh Circuit held that the environmental review conducted by the Navy and the National Marine and Fishery Service regarding the proposed construction and operation of a warfare training range was in compliance with federal law. In particular, the court found that segmentation of review at its final stages did not violate the National Environmental Policy Act or the Endangered Species Act. This Comment addresses the danger of allowing a technicality to authorize segmentation of environmental review, and its potential negative impacts ...


Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback 2015 Northwestern University School of Law

Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback

Northwestern University Law Review

No abstract provided.


Managing Cyberthreat, Lawrence J. Trautman 2015 Entrepreneur & Professional Corporate Director

Managing Cyberthreat, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cyber security is an important strategic and governance issue. However, because most corporate CEOs and directors have no formal engineering or information technology training, it is understandable that their lack of actual cybersecurity knowledge is problematic. Particularly among smaller companies having limited resources, knowledge regarding what their enterprise should actually be doing about cybersecurity can’t be all that good.

My goal in this article is to explore the unusually complex subject of cybersecurity in a highly readable manner. First, an examination of recent threats is provided. Next, governmental policy initiatives are discussed. Third, some basic tools that can be ...


Lawfare, Charles J. Dunlap Jr. 2015 Duke Law School

Lawfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick 2015 Maurice A. Deane School of Law at Hofstra University

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.


Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, gregory m. huckabee 2015 University of South Dakota

Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee

gregory m huckabee

Law vs. Science: Should law as a core subject be eliminated at the U.S. Armed Services Academies in favor of more relevant STEM (science, technology, engineering, mathematics) courses? As recent cyberterror events have unfolded, more STEM knowledge is needed in the armed forces. STEM courses are on the march for inclusion in greater numbers in academy core curriculums. In order for new STEM courses to join the academic heart of academy learning, predecessor courses must be reviewed for relevancy, significance, and materiality. One core course in common at all three military academies is law. Yet few core curriculums can ...


Children Die Just Like Terrorists: The June 30, 2014 Israeli Strike On Jabalia, Matthew Krause 2015 SelectedWorks

Children Die Just Like Terrorists: The June 30, 2014 Israeli Strike On Jabalia, Matthew Krause

Matthew Krause

The July 2014 Israeli counterfire on a suspected Hamas indirect fire position in the vicinity of the school in Jabalia during Operation Protective Edge constitutes a war crime because it was reasonably foreseeable that the strike would have no effect on a lawful military target balanced disproportionately with a high degree of certainty that civilians would be killed in violation of the Geneva Convention, Additional Protocol I, Article 51(5)(b), and Israeli domestic law. Using traditional humanitarian law frameworks, Israeli domestic law, the author's experience conducting targeting in combat zones, and counterinsurgency theory, the author makes the case ...


What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo 2014 Boston College Law School

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo

Boston College Law School Faculty Papers

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension ...


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