Military Officers And The Civil Office Ban, 2018 Maurer School of Law: Indiana University
Military Officers And The Civil Office Ban, Stephen Vladeck
Indiana Law Journal
In the symposium Essay that follows, I aim to push back against this impression by introducing readers to an important—but little-known—constraint on the militarization of civilian government: the ban on active-duty military officers holding “civil office” codified today at 10 U.S.C. § 973(b). Like its far-better-known contemporary, the Posse Comitatus Act of 1878, the civil office ban was enacted after the Civil War as a means of limiting the ability of the military to exercise control over civilian matters. As the Ninth Circuit put it in 1975, its purpose was “to assure civilian preeminence in government ...
What's So Great About The Declare War Clause?, 2018 Columbia Law School
What's So Great About The Declare War Clause?, Matthew C. Waxman
I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient about many things, but the strategy and politics of war were not among them. Second, modern constitutional critics of an imperial presidency place too much weight on the declare war clause — and especially Madison’s statements about it. Madison, indeed, worried deeply about unchecked presidential war powers. But Feldman’s book shows that Madison did not emphasize the same risks and checks so often ascribed to him today ...
Whatever Happened To Military Good Order And Discipline?, 2017 United States Air Force
Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber
Cleveland State Law Review
Discipline is often called “the soul of an army.” If this is so, the United States military seems to be experiencing a spiritual crisis. Article 134 of the Uniform Code of Military Justice (UCMJ) allows commanders to punish acts prejudicial to “good order and discipline,” but the reach of this provision has been increasingly limited in recent years. Appellate courts have repeatedly overturned convictions of conduct charged as prejudicial to good order and discipline, and in recent years, the military’s high court has issued a series of decisions limiting the reach of the UCMJ’s “general article.” Congress has ...
Neutrality And Outer Space, 2017 Europa-Universität Viadrina, Frankfurt (Oder), Germany
Neutrality And Outer Space, Wolff Heintschel Von Heinegg
International Law Studies
This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the ...
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, 2017 Brooklyn Law School
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach
Brooklyn Journal of International Law
Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would ...
From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware
Purpose: The purpose of this phenomenological study was to describe the perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are transitioning from active duty to civilian life, regarding their participation in the Disabled Transition Assistance Program.
Methodology: The methodology for this research study will be qualitative from a phenomenological perspective. When thinking of research as it pertains to qualitative methods, it is appropriate to use when a researcher is trying to study the lived experiences of individuals (Flipp, 2014; Patton, 2015). This method will describe perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are ...
Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, 2017 European Council on Foreign Relations
Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin
International Law Studies
This article proposes an alternative to the conventional way of deciding when a State may target or detain members of an armed group. Instead of asking whether there is an armed conflict between the State and the group, this article argues that we should look at the State’s justification for the use of force against the group or its members. In a non-international context, this justification is rooted in human rights law. For this reason, the authorization for the resort to force operates on an individual basis, and the State is only justified in using force against individual members ...
The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, 2017 Boston College Law School
The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, Dan Cahill
Boston College Law Review
In the more than sixteen years since September 11, 2001, the United States has resolved, through policy at home and abroad, to vindicate the heroes and victims of that attack. From the creation of the Department of Homeland Security, to the raid that resulted in the death of Osama Bin Laden, the shockwaves of 9/11 have reverberated through America’s domestic and foreign policy ever since. In the only veto override of the Obama presidency, the 114th U.S. Congress brought the Justice Against Sponsors of Terrorism Act (“JASTA”) into force, intending to provide U.S. citizens with a ...
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii
Edward P. Richards
No abstract provided.
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, 2017 University of Miami Law School
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
University of Miami Law Review
Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special ...
Where Have All The Soldiers Gone Ii: Military Veterans In Congress And The State Of Civil-Military Relations, 2017 University of Maine School of Law
Where Have All The Soldiers Gone Ii: Military Veterans In Congress And The State Of Civil-Military Relations, Donald N. Zillman
Maine Law Review
In a 1997 essay in these pages, I reported on the fact that a declining number of senators and members of the House of Representatives were veterans of military service. At the height of the Vietnam War, roughly 70% of the members of Congress were veterans. By 1991, the Congress that approved the use of force against Iraq in Operation Desert Storm had only slightly more veterans than non-veterans. Three Congresses later, the percentage of veterans had dropped to 32%. The explanation for the decline is almost certainly not that the American voter no longer likes to elect veterans to ...
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, 2017 University of Maine School of Law
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Maine Law Review
A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely accepted dichotomy fails to take into account ...
Unilateral And Multilateral Preventive Self-Defense, 2017 University of Maine School of Law
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Maine Law Review
The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of ...
Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, 2017 Roger Williams University School of Law
Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs
Law School Blogs
No abstract provided.
An Empirical Look At Commander Bias In Sexual Assault Cases, 2017 FIU College of Law
An Empirical Look At Commander Bias In Sexual Assault Cases, Eric R. Carpenter
Eric R. Carpenter
In response to the American military’s perceived inability to handle sexual assault cases, the Uniform Code of Military Justice is undergoing its most significant restructuring since its creation in 1950. Critics point to the high rates of sexual assault case attrition as a sign that the system is failing sexual assault victims. The theory is that commanders are predisposed to believe the offenders and to blame the victims. This bias then causes high levels of attrition as the commanders undervalue the cases and divert them from the legal process. This study tests that causal inference. It measures the attrition ...
Law Library Blog (November 2017): Legal Beagle's Blog Archive, 2017 Roger Williams University
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Geopolitics Of Rare Earth Elements, 2017 Purdue University
Geopolitics Of Rare Earth Elements, Bert Chapman
Libraries Faculty and Staff Presentations
Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military ...
Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, 2017 University of Maine School of Law
Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil
Maine Law Review
Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique ...
The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, 2017 University of Maine School of Law
The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek
Maine Law Review
In the era of international relations ushered in by the end of the Cold War, nation-building has become all the rage. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, fashioning new governmental institutions from the ashes of violent conflict or civil collapse. These projects became possible in a fresh environment of international consensus that has prevailed since the middle of the 1990s. Developing improved legal institutions has been considered a particularly important component of any state-building project and has been a primary focus of almost all such efforts. A new ...
The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, 2017 University of Maine School of Law
The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer
Maine Law Review
Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare—including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological horrors such as nuclear weapons, mini-nukes, and other weapons of mass destruction—is the foremost challenge to the viability of an international constitutional system. The collapse of the League of Nations provided the world with a stark lesson in how aggression and warfare can undo a weak international constitutional regime dedicated ...