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Articles 1 - 30 of 52
Full-Text Articles in Law
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale
She Speaks For Millions: The Emergence Of Female Diplomatic Voices In The Russo-Ukrainian War, Amber Brittain-Hale
Education Division Scholarship
This research critically investigates the public diplomacy strategies deployed by a cohort of influential female European leaders on Twitter during the Russo-Ukrainian War of 2022-2023. The study comprises eight leaders - Kallas (Estonia), Marin (Finland), von der Leyen (President of the European Commission), Metsola (President of the European Parliament), Sandu (Moldova), Simonyte (Lithuania), Zourabichvili (Georgia), and Meloni (Italy) - representing millions of constituents. By mirroring the analytical attention given to Ukraine's President, Volodymyr Zelenskyy, this study scrutinizes the distinct approaches and dif erences in emotional, cognitive, and structural language use between these influential female figures and President Zelenskyy in their …
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
Calming The Caucasus: Neutralizing Azerbaijan’S Military “Batna” To Restart The Peace Process In Nagorno-Karabakh (Artsakh), Patrick Babajanian
Calming The Caucasus: Neutralizing Azerbaijan’S Military “Batna” To Restart The Peace Process In Nagorno-Karabakh (Artsakh), Patrick Babajanian
Pepperdine Dispute Resolution Law Journal
The article begins by surveying the historical background of the Artsakh conflict, from its ancient roots to the immediate aftermath of the 2020 war. It then introduces the key issue I identify as obstructing the peace process from resuming, namely Azerbaijan’s calculation that its military BATNA outweighs any value of continued negotiation. Next, the article evaluates two legal tactics the United States could implement in its national capacity to correct this situation, focusing on actions intended to limit Azerbaijan’s military strength by withholding foreign aid and enacting targeted sanctions, with the goal of achieving greater parity between Armenia and Azerbaijan …
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak
Pepperdine Law Review
Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …
False Rubicons, Moral Panic, & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks
Pepperdine Law Review
By casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion—and ultimately a ban—on lethal autonomous weapons (LAWS). The real concern is the weapon systems’ ability to select and engage targets without human intervention. However, weapons systems that perform these functions have already been employed internationally since 1980 and The Campaign has been unable to specify which of the current systems its proposed ban should include. This article explains autonomy in general and as applied to weapons systems. It …
Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz
Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz
Journal of the National Association of Administrative Law Judiciary
A particularly prevalent type of claims in post-Boumediene cases are Bivens claims by detainees. One such case is Hamad v. Gates. Hamad represents a typical claim made by such detainees, and is the focus of this note. In Hamad, the Ninth Circuit held that a statute that had previously thought to be entirely overruled by Boumediene actually survived. This statute, 28 U.S.C. § 2241(e), stemmed from years of back-and-forth debate between the Supreme Court and Congress. The result of this conflict is still unsettled. The main issue is whether the Court’s primary concern in overruling the jurisdiction-stripping statutes of Congress …
Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof
Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof
Pepperdine Dispute Resolution Law Journal
The struggle for peace has been waged over and over, in numerous countries. Syria is no exception. It is a country with a history of violent conflict and political instability. The current regime is authoritarian to the extreme, and the range of competing religious interests is diverse. The civil war now consuming the country has claimed tens of thousands of lives, displaced millions, and thrown the country's future into question. This article will first briefly examine the country's turbulent history and the development of the current conflict. Next, it will evaluate previous attempts to solve the conflict. Then, it will …
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Pepperdine Law Review
No abstract provided.
The Future As A Concept In National Security Law, Mary L. Dudziak
The Future As A Concept In National Security Law, Mary L. Dudziak
Pepperdine Law Review
With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …
International Humanitarian Law Divergence, Lesley Wexler
International Humanitarian Law Divergence, Lesley Wexler
Pepperdine Law Review
How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …
Standing And Covert Surveillance, Christopher Slobogin
Standing And Covert Surveillance, Christopher Slobogin
Pepperdine Law Review
This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn
Pepperdine Law Review
Never in recent memory has the relationship between law and war been so central to strategic legitimacy. This has resulted in both positive evolutions of the law of armed conflict (LOAC) and a remarkable increase in interest, understanding, and analysis of this law. No state, or even non-state group, is immune from the increasingly informed critique of its planning and execution of military operations and the quite proper demand that its military personnel comply with LOAC obligations. Central to the regulation of hostilities are the core LOAC principles of distinction and discrimination. Distinction mandates restricting deliberate attack to only those …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Guaranteeing Republics To The Confederate States: A Guarantee Clause Justification For Lincoln’S Response To Civil War, Michael Morea
Guaranteeing Republics To The Confederate States: A Guarantee Clause Justification For Lincoln’S Response To Civil War, Michael Morea
Pepperdine Law Review
There has been substantial debate over the constitutionality of Lincoln’s response to secession and his role as executive during the Civil War. While many historians and legal experts accept the theory that Lincoln, as president, was vested by Article II with power to act decisively in suppressing secession in an effort to preserve the Union, there is branch of libertarian thought that remains unconvinced that his tactics were constitutional. For example, three-time presidential candidate Ron Paul, in an interview with “Meet the Press,” stated that Lincoln should not have gone to war, arguing that Lincoln’s actions were motivated by the …
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
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’ …
Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman
Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman
Pepperdine Law Review
No abstract provided.
Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales
Security Clearance Review: Employees Of American Industry Vis-A-Vis Civil Servants And Military Members, Robert Robinson Gales
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison
The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison
Journal of the National Association of Administrative Law Judiciary
The first two roles of the U.S. Attorney General from its inception were to represent the interests of the United States before the U.S. Supreme Court and to advise the President on matters of the law. Despite the Attorney General delegating both roles, the former to the Solicitor General and the latter to the Office of Legal Counsel (OLC), the Attorney General and the Department of Justice are by statute and tradition looked upon to be the protectors of the rule of law within the Executive Branch. It is to the Attorney General, and by delegation to the OLC, to …
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Pepperdine Law Review
The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
Pepperdine Law Review
Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of Title IV educational funds by students who do not comply with draft registration requirements. In Selective Service System v. Minnesota Public Interest Research Group, the United States Supreme Court upheld section 1113 in the face of a multi-tiered constitutional challenge. After exploring the history of section 1113, the author examines the Supreme Court's analysis of each of the constitutional challenges: bill of attainder, privilege against self-incrimination, and equal protection. Finally, the author investigates the probable impact of the Court's decision.
Espionage: Anything Goes?, Karen Jennings
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Pepperdine Law Review
No abstract provided.
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.