Digital Commons Network^™

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai

Loyola of Los Angeles Law Review

The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

    The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

    This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority to conduct the …

Actuality Or Mystifying Spectacle? War In Cinema And Electronic Gaming, Christopher Robert Workoff

Dissertations, Theses, and Capstone Projects

This essay, using as a jump-off point François Truffaut's view that it is impossible to make a true anti-war film, examines the degree to which certain Hollywood films about war treat the subject as a spectacle for the audience. With the aid of critical articles discussing the war film's presentation from the standpoint of narrative and aesthetic, three films are examined for their ability (or lack thereof) to curtail the tendency of war as entertainment. Furthermore, with the increasing prominence of the videogame as a narrative medium, as well as the prevalence of game narratives dealing with war, the question …

I Remember: Chicago Veterans Of War, Chris Green, Jim Fairhall

Big Shoulders Books

I Remember: Chicago Veterans of War weaves together the memories of fifty veterans of World War II, Korea, Vietnam, Bosnia, Iraq, and Afghanistan. Throughout the book, each veteran speaks in a series of “I remember” statements labeled by a number, not a name. This anonymous structure foregrounds the similarities of all wars. The effect is of one veteran speaking of the shock and scale of every modern war. I Remember is available free in both digital and print format.

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

The Eagle And The Dragon: A Review Of Cool War: The Future Of Global Competition, Andreas Kuersten

Denver Journal of International Law & Policy

No abstract provided.

Claude De France: Debussy's Great War Of 1915, Arun Rao

Books/Book Chapters

No abstract provided.

Awakening Self-Interest: American Military Justice In Afghanistan And Iraq, Frank Rosenblatt

Journal Articles

No abstract provided.

Three Arguments About War, Robert Tsai

Scholarly Articles in Law Reviews & Journals

The rise of the United States as a military power capable of mounting global warfare and subduing domestic rebellions has helped produce a corresponding shift in the language of liberal constitutionalism. Arguments invoking war have become prevalent, increasingly creative and far-reaching, and therefore an emerging threat to rule of law values. It is not only legal limits on the capacity to wage war that have been influenced by the ascendance of war-inspired discourse; seemingly unrelated areas of law have also been reshaped by talk of war, from the constitutional rules of criminal procedure to the promise of racial and sexual …

Three Arguments About War, Robert L. Tsai

Faculty Scholarship

The rise of the United States as a military power capable of mounting global warfare and subduing domestic rebellions has helped produce a corresponding shift in the language of liberal constitutionalism. Arguments invoking war have become prevalent, increasingly creative and far-reaching, and therefore an emerging threat to rule of law values. It is not only legal limits on the capacity to wage war that have been influenced by the ascendance of war-inspired discourse; seemingly unrelated areas of law have also been reshaped by talk of war, from the constitutional rules of criminal procedure to the promise of racial and sexual …

Game Of Drones, Mary Ellen O'Connell

Journal Articles

Reviewing three 2015 treatises on Drone War

A Theory of the Drone. By Grègoire Chamayou. Translated by Janet Lloyd. New York, London: The New Press, 2015. Pp. 292. Index. $26.95.

International Law and Drone Strikes in Pakistan: The Legal and Socio-political Aspects. By Sikander Ahmed Shah. London, New York: Routledge, 2015. Pp. viii, 247. Index. $145.

Sudden Justice: America's Secret Drone Wars. By Chris Woods. Oxford, New York: Oxford University Press, 2015. Pp. xvi, 386. Index. $27.95.

"If You Have No Men, You Have No War!”: A Critical Overview Of Edgar Selwyn's Men Must Fight (1933), Ryan R. Copping

Cinesthesia

ABSTRACT: Edgar Selwyn’s Men Must Fight (1933) is an obscure yet culturally relevant science fiction drama. An atypical film from its era, the movie has an unusual subject for a Classical Hollywood film- gender socialization. The film didactically argues that wars are inevitable because men are inherently violent, and that, conversely, world peace world occur if women were in power, a possibility that appears to be regrettably impossible. It is also remarkably prescient in predicting that World War II would begin in 1940, only one year off from the German invasion of Poland. This paper combines a close content analysis …

The Role Of The Courts In Time Of War, William C. Banks

Washington and Lee Law Review Online

The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding …

Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams

Pace International Law Review

This article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a …

U.N. Peace And Security Powers And Related Presidential Powers, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

Arts Of War: Reconsidering Conflict Through Interdisciplinary Artistic Collaboration, John Macinnis

Faculty Work Comprehensive List

CORE 160: Introduction to the Arts is required as part of the core curriculum at Dordt College and is team taught every semester by four professors who each address a different art form: Music, Theatre, Film, and Visual Art. Semesters are divided in half, and students select two art forms for special attention. Additionally, all students meet in two mass sections in which the team of professors address topics spanning all the arts. These mass sections are an opportunity to demonstrate for students that interdisciplinary collaboration around a given topic often produces remarkable insight.

Last year, in recognition of the …

Plastic Glory, Ihab Mardini

Theses

In ancient times, humans used drawing on walls as a way to express their emotions and thoughts. Then, cameras were invented to pursue that purpose through photos and videos in sharper images. And now we do animation, not just because it is pretty, but also because it is the tool that allows us to freely speak our minds, without being bothered by what we can and what we cannot do in film!

There is a Lebanese thinker, poet, artist and writer named Jubran Khaleel Jubran, who has always inspired me with his artworks and specifically his poems. Mysteriously, there was …

Love Your Enemy? Reflections At The Centenary Of World War I, Denis Kaiser

Faculty Publications

No abstract provided.

Inventing A Foundation Myth: Upper Canada In The War Of 1812, Jeffrey Wasson

Student Works

Using the Canadian Government’s War of 1812 bicentennial commemoration campaign as a springboard this thesis will explore the events and effects of the War of 1812 on Canada by focusing on three of this campaign’s main assertions. These three areas are the Canadian population’s role in the defense of Upper Canada during the conflict, the role of Native Americans in the conflict and its long term effects on them as a group, and finally the War’s effects on the development of Canadian nationalism and nationhood. On these three topic areas this thesis seeks to accomplish three things. First, it will …

Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania

Indiana Journal of Global Legal Studies

In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command-and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of governance …

Civilian Casualties In Modern Warfare: The Death Of The Collateral Damage Rule, Valerie C. Epps

Georgia Journal of International & Comparative Law

No abstract provided.

Does Conscription Affect War Duration? A Study Of Military Manpower Systems, Regime Type, And Interstate Wars, Alan W. Duff

Lawrence University Honors Projects

While the causes of war have long been studied, the same scrutiny has not been applied to war duration. Recent empirical studies have found that similar variables correlate with both war outbreak and duration, thereby hinting at new areas for war research that can be conducted with a fresh perspective. One variable that stands out for this type of interrogation is conscription (especially when considered alongside regime type), as research on the subject has generated contradicting and inconclusive results. Given that many states around the world are replacing conscription with all volunteer forces, asking if conscription increases or decreases the …

Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon

Pepperdine Law Review

This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with the Framers’ …

Global Patterns Of Conflict And The Role Of Third Parties, Peter Wallensteen

Notre Dame Law Review

No abstract provided.

It Could Be, Geraldine Staley

Manuscripts

Well, sir, you're here again. I ain't agoin' to tell you anymore; instead, I figured you'd like to see some of the things she did later, written in her own hand. This is a journal that she started in college about a year after the war began. I've taken some pages out that I thought you might be interested in. The first I gave you, was made the night after Johnny, the boy she later married, went back to the Navy after a furlough.

Combat Paper Project, William Joiner Institute For The Study Of War And Social Consequences, University Of Massachusetts Boston

Office of Community Partnerships Posters

Coming home from war is enormously difficult. A new language is required to express the magnitude of war’s effects and consequences. Combat Paper transforms the uniforms of battle to paper and from this transformation comes art. Developed by veterans of Iraq and Afghanistan in San Francisco, the project has now traveled broadly across the United States and the world.

Legality Of The Threat Or Use Of Nuclear Weapons: Environmental And Humanitarioan Limits On Self-Defense, Timothy J. Heverin

Notre Dame Law Review

No abstract provided.

Constellating Technology: Heidegger’S Die Gefahr/The Danger, Babette Babich

Research Resources

Heidegger’s question concerning technology was originally posed in lectures to the Club of Bremen. This essay considers the totalizing role of technology in Heidegger’s day and our own, including a discussion of radio and calling for a greater integration of Heidegger’s thinking and critical theory. Today’s media context and the increasing ecological pressures of our time may provide a way to think, once again, the related notions of event [ Ereignis] and ownedness [ Eigentlichkeit ].

Mass Trauma: Disasters, Terrorism, And War, Allan Chriman, Joseph Dougherty

Uniformed Services University of the Health Sciences

• Mass-exposure events, such as disaster, terrorism, and war, have unique impacts on children.
• Effective conceptual approaches must balance risk and resilience from a developmental perspective.
• Models of mass trauma effects and exposures include exposure dose, cumulative risk, determinants, and moderators.
• Children are a special needs population particularly vulnerable to the impact of mass trauma due to a lack of experience, skills, and resources to independently meet their mental and behavioral health needs.
• The National Commission on Children and Disaster’s Report recommends a greater focus on the disaster mental and behavioral health needs of children throughout planning, training, exercises, and response …