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“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder 2018 Northwestern Pritzker School of Law

“Indian” As A Political Classification: Reading The Tribe Back Into The Indian Child Welfare Act, Allison Krause Elder

Northwestern Journal of Law & Social Policy

In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the ...


Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt 2018 University of Pennsylvania Law School

Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt

Faculty Scholarship at Penn Law

This short essay reviews Professor Eugene Fidell’s recently published book, “Military Justice A Very Short Introduction” (Oxford Press). This book is a welcome addition to military law and military justice literature more generally. Eugene Fidell, a professor at Yale Law School, brings a tremendous breadth of experience as both a scholar and military justice practitioner. He also possesses a keen observational and critical eye to the subject of military justice practiced here and abroad.

The book review first provides an overview of Professor Fidell’s book, its organizational set-up, and where it sits in the broader context of military ...


Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran 2018 University of Nottingham

Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran

International Law Studies

Persons detained for reasons related to an armed conflict are in a vulnerable position. Deprived of their liberty, they are at the mercy of their captors. Certain groups of detainees are particularly vulnerable. Additionally, the way in which non-international armed conflicts are fought can make it difficult for some parties to the conflict to comply with the rules benefiting particularly vulnerable detainees. This Article identifies groups of particularly vulnerable detainees and analyzes the general and special protections that are afforded to them under the conventional and customary international law of armed conflict. It then considers the realities of detention in ...


The Updated Commentary On The First Geneva Convention--A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Jean-Marie Henckaerts, Bruno Demeyere, Eve La Haye, Heike Niebergall-Lakner 2018 Legal Division of the International Committee of the Red Cross

The Updated Commentary On The First Geneva Convention--A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Jean-Marie Henckaerts, Bruno Demeyere, Eve La Haye, Heike Niebergall-Lakner

Georgia Journal of International & Comparative Law

This Article was originally published in 97 Int’l Rev. Red Cross, no. 900, 2015, at 1209– 26. It is reprinted with permission.


Conference On The 2016 Icrc Commentary On The First Geneva Convetion: Afternoon Rapporteur Session Three, Jamie McDowell, Hannah Ponders 2018 University of Georgia School of Law

Conference On The 2016 Icrc Commentary On The First Geneva Convetion: Afternoon Rapporteur Session Three, Jamie Mcdowell, Hannah Ponders

Georgia Journal of International & Comparative Law

No abstract provided.


Conference On The 2016 Icrc Commentary On The First Geneva Convention: Afternoon Rapporteur Session Two, Dana Lohrberg, Ethan Morris 2018 University of Georgia School of Law

Conference On The 2016 Icrc Commentary On The First Geneva Convention: Afternoon Rapporteur Session Two, Dana Lohrberg, Ethan Morris

Georgia Journal of International & Comparative Law

No abstract provided.


Conference On The 2016 Icrc Commentary On The First Geneva Convention: Afternoon Rapporteur Session One, Michael Baker, Nichole Novosel 2018 University of Georgia School of Law

Conference On The 2016 Icrc Commentary On The First Geneva Convention: Afternoon Rapporteur Session One, Michael Baker, Nichole Novosel

Georgia Journal of International & Comparative Law

No abstract provided.


Conference On The 2016 Icrc Commentary On The First Geneva Convention: Public Panel Rapporteur Session, Matthew Coutreau, William Ogden 2018 University of Georgia School of Law

Conference On The 2016 Icrc Commentary On The First Geneva Convention: Public Panel Rapporteur Session, Matthew Coutreau, William Ogden

Georgia Journal of International & Comparative Law

No abstract provided.


Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton 2018 Vanderbilt University Law School

Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton

Georgia Journal of International & Comparative Law

No abstract provided.


A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull 2018 Columbia University Law School

A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull

Georgia Journal of International & Comparative Law

No abstract provided.


Whose Armed Conflict? Which Law Of Armed Conflict?, Adil A. Haque 2018 Rutgers School of Law

Whose Armed Conflict? Which Law Of Armed Conflict?, Adil A. Haque

Georgia Journal of International & Comparative Law

No abstract provided.


Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver 2018 South Texas College of Law Houston

Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver

Georgia Journal of International & Comparative Law

No abstract provided.


Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan 2018 University of Maine School of Law

Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan

Maine Law Review

I have been asked to give you the “veterans' perspective” on whether the Court of Veterans Appeals has served the purpose for which it was created by Congress and also to describe what additional steps the court might take to further the ends desired by veterans. This is no easy task. It is difficult not because I do not have a lot to say. It is difficult because it is a charge to speak, in a sense, for all veterans. In order to understand what I mean, I think it may be helpful to give you a little background on ...


The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin 2018 University of Maine School of Law

The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin

Maine Law Review

In a March 1992 statement submitted to the Congress, the Deputy Secretary of Veterans Affairs described the impact of judicial review on the Department of Veterans Affairs (Department or VA) as “profound.” That description is still apt and applies with as much force to the Board of Veterans' Appeals (Board or BVA) as it does to the Department as a whole. Nothing has had as much impact on the Board as the Veterans' Judicial Review Act (VJRA). The VJRA established the United States Court of Veterans Appeals in 1988 and charged it with the review of decisions of the Board ...


Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker 2018 University of Maine School of Law

Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker

Maine Law Review

I have been asked to talk to you about the United States Court of Veterans Appeals-specifically, challenges and trends in defining the scope of the court's jurisdiction. As a brand-new court, and one without any antecedent, the court began to establish precedent to deal with all aspects of its jurisdiction. In fact, it is still very much in the process of setting such precedent. For the first time, the court brought the principle of stare decisis to the veterans' community. The principle required considerable readjustment within the Department of Veterans Affairs (Department or VA). The VA's regional offices ...


Introductory Remarks, Donald N. Zillman 2018 University of Maine School of Law

Introductory Remarks, Donald N. Zillman

Maine Law Review

I am very pleased to welcome this distinguished company to the University of Maine School of Law and to Portland. I thank Chairman Cragin for bringing such a distinguished group to his law school. I thank the Maine Law Review for taking the sponsor's role and for insuring that the publication of our proceedings will take our thoughts far beyond this room. My interest in military law and veterans law as participant and scholar extends over the last twenty years. And so, when Chairman Cragin broached the idea of a conference to provide the first assessment of how the ...


Stopping Terrorism At Its Source: Conceptual Flaws Of The Deterrence-Based Counterterrorism Regime And Committing To A Preemptive Causal Model, Mark D. Kielsgard, Tam Hey Juan Julian 2018 Brooklyn Law School

Stopping Terrorism At Its Source: Conceptual Flaws Of The Deterrence-Based Counterterrorism Regime And Committing To A Preemptive Causal Model, Mark D. Kielsgard, Tam Hey Juan Julian

Journal of Law and Policy

This Article analyzes the psycho-social causes of terrorism, conceptual failures of deterrence, and sketches a coherent bi-furcated model of counterterrorism under a policy-oriented framework with the role of relevant domestic and international actors, methodologies, and the identification of prototypical societal insecurity drivers. It argues that there is a lacuna in counterterrorism policy that has failed to bridge the gap between the different social sciences and law leading to a failure to develop a fundamentally inclusive and coherent counterterrorism model which strikes at the heart of terror recruitment. It calls for a causal model that applies the multi-disciplinary efforts of all ...


Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky 2018 Hebrew University of Jerusalem

Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky

Michigan Journal of International Law

This Article offers three complementary explanations for the decision of the Israeli administration to deviate from the ruling in the Targeted Killings case. The first explanation relates to the ISC’s willingness to apply judicial review in military operations cases. In addition to its significance for the debate over the substantive rules of asymmetric warfare, the Targeted Killings case serves as a symbol of the willingness to engage in extensive judicial review of a state’s conduct of hostilities policy. The activist role of the ISC in such cases from the late 1990s to 2008 was widely recognized, celebrated, and ...


Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab 2018 University of Michigan Law School

Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab

Michigan Journal of International Law

Seven years have passed since revolution broke out in Syria in March of 2011. During those six years, hundreds of thousands of Syrians lost their lives, millions of Syrians were internally displaced or left the country seeking refuge, and a beautiful and diverse country was hijacked and terrorized by civil war. Every day in Syria, people are detained, tortured, raped, and killed. Attacks on homes, hospitals, markets, and schools are common occurrences. At this stage of the conflict, there is little doubt that it is the most horrific and dire humanitarian crisis since World War II. The conflict began as ...


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


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