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Guantánamo As Outside And Inside The U.S.: Why Is A Base A Legal Anomaly? , Ernesto Hernández-López 2010 American University Washington College of Law

Guantánamo As Outside And Inside The U.S.: Why Is A Base A Legal Anomaly? , Ernesto Hernández-López

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Elusive Equality: The Armenian Genocide And The Failure Of Ottoman Legal Reform, Mark L. Movsesian 2010 St. John's University - New York

Elusive Equality: The Armenian Genocide And The Failure Of Ottoman Legal Reform, Mark L. Movsesian

Faculty Publications

I would like to thank the organizers for inviting me to deliver some remarks this morning. By way of background, I am not a historian or genocide scholar, but a law professor with an interest in comparative law and religion. Comparative law and religion is a relatively new field. It explores how different legal regimes reflect, and influence, the relationships that religious communities have with the state and with each other. My recent work compares Islamic and Christian conceptions of law, a subject that has engaged Muslims and Christians since their first encounters in the seventh century.

When I approach ...


Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers 2010 University of Richmond School of Law

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding Communities, Elizabeth M. Myers

Richmond Journal of Global Law & Business

Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War. The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work to ongoing bases. The federal government can also make money by selling the land of former military bases to surrounding communities or private companies.


The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso 2010 Michigan State University College of Law

The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso

Faculty Publications

No abstract provided.


The Role Of Intimacy In The Prosecution And Sentencing Of Capital Murder Cases In The U.S. Armed Forces, 1984-2005, Catherine M. Grosso 2010 Michigan State University College of Law

The Role Of Intimacy In The Prosecution And Sentencing Of Capital Murder Cases In The U.S. Armed Forces, 1984-2005, Catherine M. Grosso

Faculty Publications

No abstract provided.


Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki 2010 University of Florida Levin College of Law

Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki

UF Law Faculty Publications

The Federal Circuit is the highest court to which veterans can appeal by right for benefits. In 2009, the Federal Circuit decided eighty-seven veterans cases (twelve percent of its overall docket). Twenty-six of those decisions were precedential opinions. There are approximately 23.4 million veterans in the United States, more than three million of whom receive disability compensation. And with two ongoing wars, plans to increase the size of the Army and Marine Corps, and recent legislation impacting the veterans claims process, the Federal Circuit will likely see an increase in veterans cases in the coming years.

Part I of ...


Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens 2010 University of Florida Levin College of law

Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens

UF Law Faculty Publications

Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering ...


A Lockean Defense Of The Political Question Doctrine's Application In War Powers Cases, Matthew Jordan Cochran 2010 SelectedWorks

A Lockean Defense Of The Political Question Doctrine's Application In War Powers Cases, Matthew Jordan Cochran

Matthew Jordan Cochran

This article provides a social contract explanation of and justification for the political question doctrine's application in war powers disputes. Natural legal principles demonstrate that even if the doctrine stands on unsure footing in some respects, it properly renders non-justiciable any supposed conflict between Congress and the President. As a detailed look into John Locke's work reveals, the intervening of a judiciary power into war decisions robs a government of the touchstone of its legitimacy.


Women And Private Military And Security Companies, Ana Filipa Vrdoljak 2010 University of Western Australia

Women And Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Lack of clarity about the application of international law norms and inadequacies of existing regulatory regimes covering private military and security companies have reinforced concerns about transparency and accountability in respect of gender-related violence, harassment and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatisation of war on women, both as PMSC employees and civilians. Part I highlights how armed conflict, civil unrest, occupation and transition have a detrimental effect upon the lives of women with particular reference to safety, displacement, health and economic disadvantage. Part II provides a summary of ...


A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis 2010 Ohio Northern University

A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis

Michael W. Lewis

Abstract The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the ...


Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding, Elizabeth M. Myers 2010 University of Richmond

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding, Elizabeth M. Myers

Law Student Publications

Military base closings, and the numerous laws and regulations that apply to them, have a great impact on neighboring communities. This comment addresses the economic, environmental, and cultural effects of military base closures, both domestic and overseas, and offers some ideas for the future. Section I tells the stories of two former military bases, one in America and one overseas, and an American military base currently in the process of closing. Section II details the economic effects of military base closure under BRAC, while looking at the process itself in more detail. Section III examines the environmental effects, arising from ...


Portraits Of Women At Nuremberg, Diane Marie Amann 2010 University of Georgia School of Law

Portraits Of Women At Nuremberg, Diane Marie Amann

Scholarly Works

This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.


The Choice Of Law Against Terrorism, Mary Ellen O'Connell 2010 Notre Dame Law School

The Choice Of Law Against Terrorism, Mary Ellen O'Connell

Journal Articles

The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.


American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr. 2010 Duke Law School

American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr.

Faculty Scholarship

“Vexing” is certainly the right word to describe the state of resource allocation in the national security community. Despite still sizable defense budgets, serious economic constraints combine with a wide range of complicated threats to create extremely difficult choices for policy makers. To help them work through the decision-making process, Congress mandates Quadrennial Defense Reviews (QDRs). QDRs “are intended to guide the services in making resource allocation decisions when developing future budgets.” The 2010 QDR rightly insists that “America’s interests and role in the world require armed forces with unmatched capabilities.”6 Recent resource decisions, however, do not provide ...


Attacked From All Sides: Increased Sexual Assault Reports Within The U.S. Military, Brittany Kubes 2010 Loyola University Chicago, School of Law

Attacked From All Sides: Increased Sexual Assault Reports Within The U.S. Military, Brittany Kubes

Public Interest Law Reporter

No abstract provided.


Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap Jr. 2010 Duke Law School

Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap Jr.

Faculty Scholarship

Has the early part of the twenty-first century shown the most dramatic revolution in the role of law in armed conflict in history? Evidence suggests that it has. Today, for example, allegations about civilian casualties often dominate our discussions about strategy in irregular war, itself a phenomenon that, according to the National Defense Strategy, will preoccupy our military services for years to come. Indeed, as will be discussed below in more detail, adherence to law in armed conflict fact and perception is increasingly a central, if not defining, concern of field commanders, as well as military and civilian leaders at ...


A Tale Of Two Judges : A Judge Advocate’S Reflections On Judge Gonzales’S Apologia, Charles J. Dunlap Jr. 2010 Duke Law School

A Tale Of Two Judges : A Judge Advocate’S Reflections On Judge Gonzales’S Apologia, Charles J. Dunlap Jr.

Faculty Scholarship

This is a response to - and reflection about - Judge Alberto Gonzales's essay in the Texas Tech Law Review entitled "Waging War Within the Constitution" 42 Tex. Tech. L. Rev. 843 (2010). It argues that national security law policy in an era of complex challenges is best designed when the expertise of the widest number of knowledgeable practictioners is brought to bear in a principled and fearless manner.


Foreword, Charles J. Dunlap Jr. 2010 Duke Law School

Foreword, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane 2010 Seattle University School of Law

The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane

Faculty Scholarship

One of the serious problems that the new administration faces is undoubtedly the regulation and use of private military contractors in "the war on terror." The private military industry is largely unregulated at the national level. Its status under international law is also poorly understood. This article assesses the legal status of this industry, characterizes the various functions, demonstrates the difficulty of regulating the industry as a unitary entity, and identifies the appropriate set of international standards that the new administration and Congress as well as the larger international legal community could employ in evaluating regulatory options.


The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane 2010 Seattle University School of Law

The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane

Faculty Scholarship

The contemporary threat of terrorism that the Western world faces is primarily from so-called “aliens.” As such, the laws that are meant to combat terrorism necessarily involve the regulation of the admission and exclusion of aliens. This type of regulation is traditionally the purview of immigration law. Although the link between national security and immigration is by no means contemporary, the existing level of intersection between antiterrorism laws and immigration is essentially a post- 9/11 phenomenon.

The reason for this phenomenon is that the 9/11 attacks were planned and executed by aliens. Although there has not been a ...


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