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Articles 1 - 12 of 12
Full-Text Articles in Law
Determining Extraterritoriality, Franklin A. Gevurtz
Determining Extraterritoriality, Franklin A. Gevurtz
William & Mary Law Review
This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith
William & Mary Law Review
Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …
Enhanced Interrogation: Torture Policies Of The United States, Philip A. Quigley
Enhanced Interrogation: Torture Policies Of The United States, Philip A. Quigley
e-Research: A Journal of Undergraduate Work
Over the last decade the US Government has worked tirelessly to combat terrorists, insurgents, and those who intend harm to the US, its interests, and its allies and their interests. The US Military and the US Intelligence Community have used many tactics as part of a more complex strategy for waging a worldwide war against al-Qaeda, other terrorist organizations, and their base of support. No tactic has garnered as much public attention, media outcry, and political debate as the use of torture, or more euphemistically referred to in US Government documents, "enhanced interrogation." The use of this tactic has strained …
Are Approval Ratings An Accurate Reflection Of Success? Effects Of Media Coverage On Public Opinion Of Colin Powell, Michaela Dalton
Are Approval Ratings An Accurate Reflection Of Success? Effects Of Media Coverage On Public Opinion Of Colin Powell, Michaela Dalton
e-Research: A Journal of Undergraduate Work
No abstract provided.
Colin Powell, Torture And Terror, Jonathan Cohen
Colin Powell, Torture And Terror, Jonathan Cohen
e-Research: A Journal of Undergraduate Work
This paper will address evidence linking the former Secretary of State, General Colin Powell, to the hotly-debated torture program of the George W. Bush (GWB) administration. The evidence in this paper suggests that the policies and practices of torture in the War on Terror were planned and authorized by General Powell and other senior officials in the GWB administration.
The Powell Doctrine Of Foreign Policy: International Development As Homeland Security, Katherine Blaisdell
The Powell Doctrine Of Foreign Policy: International Development As Homeland Security, Katherine Blaisdell
e-Research: A Journal of Undergraduate Work
Despite mixed response by voters to the idea of sending tax dollars to other countries for any purpose, administrations since Franklin Roosevelt have used foreign aid as part of their economic and foreign policy. The Bush administration and the Department of State under Colin Powell's leadership were no exception, and even raised foreign aid levels. However, many (see, for example, Mertus, 2008) argue that the Bush administration's primary goal was creating a strategic power balance and stable world system, with alleviation of poverty and disease being just a side effect to be used for public relations advantages. In his most …
On Shaky Grounds: Reasons Behind The Failure To Adhere To The "Powell Doctrine" In The 2003 Iraq Invasion, Sasha Anderson
On Shaky Grounds: Reasons Behind The Failure To Adhere To The "Powell Doctrine" In The 2003 Iraq Invasion, Sasha Anderson
e-Research: A Journal of Undergraduate Work
Why did we go to war with Iraq and what are we still doing there? This question is one of our most pressing foreign policy issues and continues to be hotly debated by politicians, journalists and citizens. The invasion of Iraq in 2003 was executed in a strikingly different fashion than the strategy used in an earlier conflict with Iraq, the Persian Gulf War of 1990-1991. Rather than follow a strategy consisting of clear goals, overwhelming force and a predetermined exit strategy, the US military blundered into Iraq in 2003 without a way to measure victory and without a plan …
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Georgia Journal of International & Comparative Law
No abstract provided.
The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann
The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann
Human Rights & Human Welfare
This article investigates the right to food in Venezuela under President Hugo Chávez (1999-2013). It argues that although Chávez respected the right of (especially poor) Venezuelans to food, he failed to protect that right at the same time as he tried to fulfill it. In the short term, he fulfilled the right to food by establishing state-run stores where food could be purchased at a substantial discount, and by imposing price controls on food. At the same time, however, he reduced the supply of food by undermining property rights, expropriating large-scale farms and ranches as well as some wholesale and …
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Claremont-UC Undergraduate Research Conference on the European Union
This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The …
Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin
Where’S The Consultation? The War Powers Resolution And Libya, Eileen Burgin
The University of New Hampshire Law Review
[Excerpt] “President Barack Obama triggered a War Powers Resolution (WPR) controversy with his military response to the anti-government rebellion and civil war in Libya in 2011. Members of Congress seized upon the WPR, questioning whether the Obama administration had complied with the WPR’s requirements when the United States launched the initial Libyan Operation Odyssey Dawn (OOD) and subsequently participated in the North Atlantic Treaty Organization (NATO) Operation Unified Protector (OUP). Many legislators charged that President Obama had violated the WPR. Concerns centered on such issues as presidential reliance on the United Nations (U.N.) Security Council—rather than Congress—for authorization to act, …
The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt
The Divergence Of Modern Jurisprudence From The Original Intent For Federalist And Tenth Amendment Limitations On The Treaty Power, Steven T. Voigt
The University of New Hampshire Law Review
[Excerpt] “That the federal treaty-making authority is constrained by the other parts of the Constitution does not sound like the stuff of law journals. It seems like common sense. After all, we would not expect someone to argue that the ability to “regulate Commerce” entitles Congress to disregard the Third Amendment and quarter soldiers in our houses. We would not expect to see an argument that the power to “establish Post Offices” enables Congress to disregard the freedom of the press in the First Amendment. So, why is the Tenth Amendment so fully disregarded with respect to treaties?”