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The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt 2015 SelectedWorks

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. It also is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are not clear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan den Dulk, Angeline Lewis 2015 U.S. Naval War College

Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis

International Law Studies

The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.


The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti 2015 U.S. Naval War College

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.


A Dire Need For Legislative Reform, Patrick Dowdle 2015 Pace University School of Law

A Dire Need For Legislative Reform, Patrick Dowdle

Pace International Law Review

In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a ...


A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky 2015 Pace University

A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky

Pace International Law Review

Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the ...


Masthead, 2015 University of Miami Law School

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen 2015 University of Miami Law School

Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski 2015 University of Miami Law School

Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


The History Of Veterans Benefits: From The Time Of The Colonies To World War Two, Mariano Ariel Corcilli 2015 University of Miami Law School

The History Of Veterans Benefits: From The Time Of The Colonies To World War Two, Mariano Ariel Corcilli

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia 2015 University of Miami Law School

A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Editor In Chief Comment, 2015 University of Miami Law School

Editor In Chief Comment

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Front Matter And Table Of Contents, 2015 University of Miami Law School

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller 2015 University of Miami Law School

Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky 2015 University of Miami Law School

Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer 2015 West Virginia University

Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer

Indiana Law Journal

“We are a nation of laws, not men.” This motto—made famous by the Supreme Court case Marbury v. Madison1—has existed since the founding of the United States. This maxim embodies the sentiment that, in order to prevent tyranny, citizens should be governed by fixed law rather than the whims of a dictator. In his decision, Chief Justice John Marshall did not qualify his remarks by saying, “we are a nation of laws, except in time of war.” Indeed with the modern U.S. military, Cicero’s observation that “[l]aws are inoperative in war” has never been further ...


Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno 2015 University of Michigan Law School

Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno

University of Michigan Journal of Law Reform

Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide ...


Editor In Chief Comment And Acknowledgments, 2015 University of Miami Law School

Editor In Chief Comment And Acknowledgments

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith 2015 University of Miami Law School

Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala 2015 University of Miami Law School

Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala 2015 University of Miami Law School

Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


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