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933 full-text articles. Page 1 of 28.

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.


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.


Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching 2015 The Catholic University of America, Columbus School of Law

Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching

Catholic University Law Review

In its 1984 decision New York v. Quarles, the Supreme Court announced the public safety exception, under which statements made by un-Mirandized suspects can be admissible when made in response to questions reasonably asked to protect the safety of the arresting officers or the general public. During the investigation of terrorism cases, law enforcement agencies have begun to extend the time of un-Mirandized questioning of suspects, with the hope that courts will find that the public safety exception makes the suspects’ statements admissible in the ensuing prosecutions.

This Article argues that in announcing the public safety exception, the ...


Diversity And The Federal Workforce, Alev Dudek 2015 Western Michigan University

Diversity And The Federal Workforce, Alev Dudek

Alev Dudek

In a society based on merit, everyone would be judged by their qualifications and would have equal access to employment opportunities, without limitations based on gender, race, ethnicity, national origin, accent, sexual orientation, and similar protected or non-protected traits. Ideally, the diversity of a workforce would match the make-up of the population, and most importantly, diversity would be scattered proportionally across all income levels.

This paper is examining access to equal opportunity through the example of the federal government. As the nation’s largest employer, the government of the United States has not only an opportunity to demonstrate how access ...


The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash 2015 University of Virginia Law School

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash

Michigan Law Review

With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented ...


Death Squads And Death Lists: Targeted Killing And The Character Of The State, Jeremy Waldron 2015 NYU School of Law

Death Squads And Death Lists: Targeted Killing And The Character Of The State, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

The intention of this paper is to urge critical reflection upon current US practices of targeted killing by considering not just whether acts of targeted killing can be legally justified but also what sort of state we are turning into when we organize the use of lethal force in this way -- maintaining a list of named enemies of the state who are to be eliminated in this way. My paper uses the unpleasant terminology of "death lists" and "death squads" to jolt us into this reflection. Of course, there are differences between the activities of death squads in (say) El ...


The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram 2015 Yale University

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection ...


And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman 2015 Director, Public Policy and Advocacy at U.S. Fund for UNICEF

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a ...


Terrorism, The Law And Politics As Usual: A Comparison Of Anti-Terrorism Legislation Before And After 9/11, Mona Conway 2015 Touro College Jacob D. Fuchsberg Law Center

Terrorism, The Law And Politics As Usual: A Comparison Of Anti-Terrorism Legislation Before And After 9/11, Mona Conway

Touro Law Review

No abstract provided.


Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi 2015 Pepperdine University

Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen 2015 U.S. Naval War College

Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen

International Law Studies

The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts ...


Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach 2015 Notre Dame Law School

Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach

Notre Dame Law Review

This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment ...


An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer 2015 NYU School of Law

An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations now have unprecedented capacity to spy on global communication, and yet they typically acknowledge no legal restrictions on their right to surveil non-citizens outside their borders. Moreover, incidental collection and inter-governmental cooperation give people little protection against surveillance by their own governments as well.

There is growing support for plugging these loopholes by a multilateral agreement that would establish internationally applicable safeguards. The present paper concludes that such an agreement, far from strengthening global privacy protection, would almost certainly weaken it. Even among Western democracies, the search for transnational common ground and the institutional priorities of the negotiators would ...


Access To National Security Information Under The U.S. Freedom Of Information Act, Stephen J. Schulhofer 2015 NYU School of Law

Access To National Security Information Under The U.S. Freedom Of Information Act, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations throughout the world permit executive officials to maintain secrecy in matters touching “national security.” And secrecy’s potential for eroding democratic values is growing as conceptions of national security expand. The U.S. Freedom of Information Act (FOIA) offers tools to resist that trend. The present paper, prepared for an International Symposium on “Freedom of Information and Governmental Transparency,” examines FOIA practice in national-security cases. Although U.S. courts do not always pursue their FOIA responsibilities aggressively, they frequently succeed in forcing the release of significant, previously classified material. An active judicial check on national security secrecy therefore is ...


Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski 2015 Seattle University School of Law

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United ...


Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman 2015 Seattle University School of Law

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman

Seattle University Law Review

Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention ...


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