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Full-Text Articles in Law

Balancing Security And Liberty In Germany, Russell A. Miller Oct 2017

Balancing Security And Liberty In Germany, Russell A. Miller

Russell A. Miller

Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined. The second encounter – with leftist domestic radicalism in the 1970s and 1980s – …


Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller Nov 2013

Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller

Russell A. Miller

None available.


Reviewing Tom Farer, Confronting Global Terrorism And American Neoconservatives: The Framework Of A Grand Strategy, Russell A. Miller Nov 2013

Reviewing Tom Farer, Confronting Global Terrorism And American Neoconservatives: The Framework Of A Grand Strategy, Russell A. Miller

Russell A. Miller

None available.


Germany's Basic Law And The Use Of Force, Russell A. Miller Jan 2013

Germany's Basic Law And The Use Of Force, Russell A. Miller

Russell A. Miller

The German Basic Law's Regime for the use of force is evidence of and an explanation for the deep difference between Germany and the United States on security matters. It also might say something more grand about the power of law to constrain force. Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60th Anniversary, Symposium.


Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller Dec 2009

Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller

Russell A. Miller

No abstract provided.


Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies Dec 2005

Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.


Self-Determination In International Law And The Demise Of Democracy?, Russell Miller Dec 2002

Self-Determination In International Law And The Demise Of Democracy?, Russell Miller

Russell A. Miller

No abstract provided.