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Articles 6601 - 6630 of 13097
Full-Text Articles in Entire DC Network
Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.
Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.
Richmond Journal of Global Law & Business
Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.
Implications Of Global Warming On State Sovereignty And Arctic Resources Under The United Nations Convention On The Law Of The Sea: How The Arctic Is No Longer Communis Omnium Naturali Jure, Parker Clote
Richmond Journal of Global Law & Business
No abstract provided.
Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner
Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner
Fordham International Law Journal
In 2007 Harvard Law School made "the most ambitions changes to the school's curriculum since Langdell." That change was the internationalization and globalization of its curriculum. Other law schools, such as Michigan, McGeorge and Georgetown, had already done that. But what is to assure that the recent trend toward internationalization will not be just another fad? This address, after summarizing current developments, provides an answer: learning from foreign law.
Legal Case For Russian Intervention In Georgia, Nicolai N. Petro
Legal Case For Russian Intervention In Georgia, Nicolai N. Petro
Fordham International Law Journal
This Article examines the legal argument for Russia's military intervention in Georgia. Russia's emphasis on the legal justification for intervention should be viewed as a significant step to the adaptation of Russian foreign policy to post-Soviet norms. Finally, having weathered this crisis, Russia will increasingly construct its foreign policy arguments with an eye toward both following and shaping international law. Part I discusses the various legal documents Russia used in order to justify its intervention in Georgia. Part II gives a critique of the Russian intervention as a peace keeping operation to protect citizens. The article concludes questioning the circumstances …
Free Speech In The War On Terror: Does The Military Commissions Act Violate The First Amendment?, Ryan J. Vogel
Free Speech In The War On Terror: Does The Military Commissions Act Violate The First Amendment?, Ryan J. Vogel
Human Rights Brief
No abstract provided.
Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane
Prosecuting Children In Times Of Conflict: The West African Experience, David M. Crane
Human Rights Brief
No abstract provided.
Project Reveals Challenges And Recommendations For Teaching International Humanitarian Law In U.S. Law Schools, Hadar Harris, Solomon Shinerock
Project Reveals Challenges And Recommendations For Teaching International Humanitarian Law In U.S. Law Schools, Hadar Harris, Solomon Shinerock
Human Rights Brief
No abstract provided.
The Enemy-Property Doctrine: A Double Whammy?, Ilana Tabacinic
The Enemy-Property Doctrine: A Double Whammy?, Ilana Tabacinic
University of Miami Law Review
No abstract provided.
Minding The Liability Gap: American Contractors, Iraq, And The Outsourcing Of Impunity, Christina M. Blyth
Minding The Liability Gap: American Contractors, Iraq, And The Outsourcing Of Impunity, Christina M. Blyth
University of Miami Law Review
No abstract provided.
Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales
Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales
Fordham International Law Journal
Part I of this Article takes a brief tour through military history on the consistent use of mercenaries through the ages, which Peter Singer illuminates masterfully in Corporate Warriors. Next, a brief overview on the binding nature (or not) of international custom and treaty is explored in Part II and then the codifications of international law are taken up in Part III, beginning with the Hague and Geneva Conventions. Several United Nations (“U.N.”) instruments are analyzed for their efficacy in changing the long-standing customary international law on the use of mercenaries and whether or not each is applicable to PMF …
An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon
An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon
Fordham International Law Journal
This Article discusses what the United States can do to promote the rule of law and human rights in DR Congo. This Article contends that U.S.-DR Congo policy has been formulated in dribs and drabs, limited in quantity relative to the enormity of the crisis, and without an overarching plan for promoting legal coherence and yielding long-term, systemic change. To be effective, U.S.-Congolese policy must be crafted and executed with a holistic approach-security, disarmament, infrastructure, food assistance, and health care must all undergird greater efforts to establish the rule of law. In effect, the United States must initiate an "African …
The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein
Fordham International Law Journal
The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …
Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White
Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White
Cornell International Law Journal
No abstract provided.
The Sustainability Principle In Sustainable Energy, Irma S. Russell
The Sustainability Principle In Sustainable Energy, Irma S. Russell
Tulsa Law Review
No abstract provided.
Blackwater And The Privatization Of Immigration Control, Robert Koulish
Blackwater And The Privatization Of Immigration Control, Robert Koulish
St. Thomas Law Review
In this article, I examine the significance of Blackwater's move to the border and its recent post 9/11 involvement in immigration control. I argue that Blackwater is symbolic of a much larger immigration industrial complex, privatizing decades of border militarization and low intensity conflict that, as author Tim Dunn has documented, has been waged against border crossers and residents since the 1970s. I also argue that Blackwater is part of a post-9/11 neo-liberal regime that is designed to re-territorialize and privatize the war on terror on the domestic front. Finally, I contend that the immigration industrial complex, with Blackwater quickly …
Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito
Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito
Faculty Publications By Year
The United States' current "war on terror" has been framed as a struggle for "civilization"; one which requires a "new paradigm of international law." The rationale for the United States' selective self-exemption from otherwise applicable international law in conducting this war has been that new and imminent threats require the re-shaping of legal doctrines. This essay considers this rationale against the backdrop of three centuries of American visions and policies, and the legal justifications put forth to justify Euroamerican expansion. It concludes that the justifications for American exceptionalism have been remarkably consistent throughout its history and that, as a result, …
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland
Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland
Journal of Digital Forensics, Security and Law
The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …
Shot Down: The D.C. Circuit Disarms Gun Control Laws In Parker V. District Of Columbia, Allison L. Mollenhauer
Shot Down: The D.C. Circuit Disarms Gun Control Laws In Parker V. District Of Columbia, Allison L. Mollenhauer
Villanova Law Review (1956 - )
No abstract provided.
Legal Classification And Status Of Forced Recruits Over The Age Of Fifteen Years Old: Are Forced Recruits Enslaved Within The Meaning Of International Law Or Do They Fall Within A Different Legal Classification (Namely, Civilian Or Combatant)?, Brin Thaxton Anderson
War Crimes Memoranda
No abstract provided.
Codifying The Past, Erasing The Future: Nafta And The Zapatista Uprising Of 1994, Andy Gutierrez
Codifying The Past, Erasing The Future: Nafta And The Zapatista Uprising Of 1994, Andy Gutierrez
UC Law Environmental Journal
No abstract provided.
Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman
Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman
Maryland Law Review
No abstract provided.
Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill
Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill
Articles
Legal scholarship has long concerned itself with race, gender, and other core identities. Economics, and law and economics, is now turning its attention to other dimensions of identity. What is identity? Identity is "a person's sense of self."' Identity has genetic, cultural and neural bases grounded in an evolutionary process.' Identity helps individuals make sense of themselves and provides a feeling of grounding or belonging. There are many potential identity dimensions, including gender, facial features, and height, as well as religion, ethnicity, social-group affiliation, sports-team loyalty, family, profession, artistic preferences, culinary preferences, and place of origin. The significance of different …
Horizontal Federalism, Allan Erbsen
Horizontal Federalism, Allan Erbsen
Articles
This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …
"Instigation" In International Criminal Law, Louis David Coddon
"Instigation" In International Criminal Law, Louis David Coddon
War Crimes Memoranda
No abstract provided.
Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey
War Crimes Memoranda
No abstract provided.
Superior Responsibility And The Extraordinary Chambers Of The Courts Of Cambodia, Eccc, Eccc And Superior Responsibility, Status Of Superior Responsibility In International Law Before 1975 Specifically Discussing The Existence, Character, And Special Problems Of The Doctrine Of Superior Responsibility., J. Matthew Lineham
War Crimes Memoranda
No abstract provided.
The Status Of The Crime Of Genocide, In Cambodia And Under Customary International Law, In 1975 Specifically Addressing Whether Or Not Genocide Was A Crime In Cambodia In 1975 And Whether Or Not It Was A Crime Under Customary International Law. Also, Whether The Language Differences Between Article 4 Of The Eccc Statute And The Convention On The Prevention And Punishment Of The Crime Of Genocide Could Have Consequences On Prosecutions Before The Eccc., Lynn Greening
War Crimes Memoranda
No abstract provided.