Military, War and Peace Commons™
Open Access. Powered by Scholars. Published by Universities.™
52 Institutions 801 Full-Text Articles 617 Authors 198,584 Downloads
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
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
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 ...
Popular Institutions
Featured Publications
Phillips Nuremberg Trials
University of Georgia School of Law
Nuremberg Trials
Louisiana State University Law Center
Popular Authors
Based on downloads this month
Popular Articles
Fundamentos Del Derecho Procesal Civil
Man The State And War, By Kenneth N. Waltz
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Leading From Behind': The Responsibility To Protect, The Obama Doctrine, And Humanitarian Intervention After Libya, Simon Chesterman
Failed States, Or The State As Failure?, Rosa Brooks
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David Koplow
Based on downloads this month