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Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman 2017 Georgetown University Law Center

Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try enemies not only for violations of the international law of war, but also for domestic-law offenses, such as providing material support to terrorism and conspiring to commit law-of-war offenses. Moreover, President Trump has indicated support for further military trials, including trials against U.S. citizens. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution prescribes. The constitutionality of such an abrogation of Article III’s criminal trial guarantees has been debated during many of the nation’s wars without clear resolution, and the constitutional question ...


The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little 2017 Judge Advocate, United States Army

The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little

Pace Law Review

The Big Lebowski is a cultural phenomenon that has prompted academic research into the nature of cult cinema, provided fodder for a host of law review quotes, and motivated a tradition of fan festivals and midnight screenings. However, most viewers do not realize that The Big Lebowski also serves as an engaging training tool for military and national security attorneys.

Disguised as an impish play on film noir and hard-boiled detective fiction, The Big Lebowski’s unpretentious treatment of delicate topics contains poignant lessons for military and national security attorneys that include: (1) the risks facing national security attorneys when ...


A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany 2017 Hebrew University of Jerusalem

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial ...


The Key Factors Of Combat Uniforms That Contribute To Increasing Casualties In Modern Warfare, Michaela M. Judy 2017 Michaela Marie Judy

The Key Factors Of Combat Uniforms That Contribute To Increasing Casualties In Modern Warfare, Michaela M. Judy

Undergraduate Research Symposium

Introduction

Combat uniforms are meant to protect our troops from the dangers they face on the battlefield. While there is gear designed specifically to protect service members from bullets, these pieces have not been designed with recent combat environments in mind. After conducting several interviews, with veterans and current soldiers, the recommendations suggested to me were to create a uniform that was more durable and breathable. Soldiers were more concerned about these areas of the uniform the most.

Method

I analyzed the casualty statistics, which allowed me to understand what caused the most injuries on the battlefield, and that the ...


The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank 2017 Emory University School of Law

The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank

International Law Studies

This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify ...


Standing And Covert Surveillance, Christopher Slobogin 2017 Selected Works

Standing And Covert Surveillance, Christopher Slobogin

Christopher Slobogin

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the ...


Detention By Armed Groups Under International Law, Andrew Clapham 2017 Graduate Institute of International and Development Studies

Detention By Armed Groups Under International Law, Andrew Clapham

International Law Studies

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.


The Law (?) Of The Lincoln Assassination, Martin S. Lederman 2017 Georgetown University Law Center

The Law (?) Of The Lincoln Assassination, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed ...


Spatial Terrorism, Dawinder S. Sidhu 2017 University of New Mexico School of Law

Spatial Terrorism, Dawinder S. Sidhu

Dawinder Sidhu

Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated ...


False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks 2017 Pepperdine University

False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks

Pepperdine Law Review

By casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion—and ultimately a ban—on lethal autonomous weapons (LAWS). The real concern is the weapon systems’ ability to select and engage targets without human intervention. However, weapons systems that perform these functions have already been employed internationally since 1980 and The Campaign has been unable to specify which of the current systems its proposed ban should include. This article explains autonomy in general and as applied to weapons ...


Newsroom: Manning Lead Counsel On Commutation 01-17-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Manning Lead Counsel On Commutation 01-17-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Newsroom: Nbc News: Coombs On Chelsea Manning 01-13-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Nbc News: Coombs On Chelsea Manning 01-13-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke 2017 Indiana University Maurer School of Law

Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke

Indiana Journal of Constitutional Design

In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime ...


For Recognition Of A Peoples’ Right To U.N. Authorized Armed Intervention To Stop Mass Atrocities, Susan H. Bitensky 2017 Michigan State University

For Recognition Of A Peoples’ Right To U.N. Authorized Armed Intervention To Stop Mass Atrocities, Susan H. Bitensky

Washington University Global Studies Law Review

This Article calls for recognition under international law of a conditional peoples’ right to United Nations (U.N.) authorized armed intervention to stop mass atrocities. The condition is that non-violent strategies must have failed or must reasonably be expected to fail in achieving this goal.

If recognized, the new right will for the first time place power to obtain armed intervention in the people who are most at risk and impose a correlative duty on the U.N. to provide that intervention in qualifying cases. The right will concomitantly lift people out of the passivity of victimhood and make them ...


International Criminal Law: A View From The Trenches – The Accidental Jurist, Brenda J. Hollis 2017 Residual Special Court for Sierra Leone

International Criminal Law: A View From The Trenches – The Accidental Jurist, Brenda J. Hollis

Washington University Global Studies Law Review

In creating the Yugoslav and Rwanda Tribunals, the UN Security Council used its power under Chapter 7. Why did it do that? Why did it act to create the international tribunals to investigate and try the crimes of genocide, war crimes, and crimes against humanity? Perhaps it acted for self-serving reasons. Perhaps it acted for altruistic reasons. Perhaps it acted because it saw these crimes as the cause of regional instability – as sowing the seeds for future atrocities and future unrest. Perhaps it acted because of the international outcry against the crimes that were being committed – or because of the ...


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 2017 Elisabeth Haub School of Law at Pace University

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

Pace Law Faculty Publications

Since shortly after 9/11, weaponized drones have be-come 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 ...


The War On Terror: And The Erosion Of The Democratic Imaginary, Maximilian Randall Perkins 2017 Bard College

The War On Terror: And The Erosion Of The Democratic Imaginary, Maximilian Randall Perkins

Senior Projects Spring 2017

Senior Project submitted to The Division of Social Studies of Bard College.


The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. von der Dunk 2017 University of Nebraska College of Law

The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat ...


The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. von der Dunk 2017 University of Nebraska-Lincoln

The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

The number of countries with more or less comprehensive national space legislation addressing in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent and most interesting ones among them is Nigeria, as the second African country after South Africa and—after Brazil—the second leading spacefaring nation from the developing world, to draft, further to a fairly recently established succinct framework law, a set of regulations addressing precisely those issues.

The paper briefly recaps the underlying international ...


Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron 2017 Claremont McKenna College

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences ...


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