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Articles 1 - 30 of 79
Full-Text Articles in Law
The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt
The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt
Mark P Nevitt
Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii
God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii
James J. Woodruff II
In an attempt to provide clarity in the stormy seas presented at the intersection of church and state we have followed a three-step process to resolve religious liberty issues. A military commander may experience bewilderment when confronted with questions such as when is public prayer allowed or when can a religious artwork be displayed on amilitary installation. This article will review the three-step process to utilize in answering most religious-based First Amendment issues that arise during military operations. It will also provide a new manner of thinking regarding the separation of church and state.
Unchecked Political Question Doctrine: Judicial Ethics At The Dawn Of A Second Nuclear Arms Race, Daniel T. Rust
Unchecked Political Question Doctrine: Judicial Ethics At The Dawn Of A Second Nuclear Arms Race, Daniel T. Rust
Daniel T Rust
This paper examines The Republic of the Marshall Islands v. The United States of America et al., the grounds for its dismissal, and recommendations for how it should be appealed and ultimately judged. The Marshall Islands sued alleging noncompliance with the Nuclear Non-Proliferation Treaty (NPT), seeking declaratory and injunctive relief. At issue are concepts of legality and ethics behind the “Political Question Doctrine” defense that the United States provides, in addition to whether or not the Marshall Islands has standing. When noncompliance with a valid, legal treaty causes real harm, Political Question Doctrine should not be allowed to the …
Managing Cyberthreat, Lawrence J. Trautman
Managing Cyberthreat, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Cyber security is an important strategic and governance issue. However, because most corporate CEOs and directors have no formal engineering or information technology training, it is understandable that their lack of actual cybersecurity knowledge is problematic. Particularly among smaller companies having limited resources, knowledge regarding what their enterprise should actually be doing about cybersecurity can’t be all that good. My goal in this article is to explore the unusually complex subject of cybersecurity in a highly readable manner. First, an examination of recent threats is provided. Next, governmental policy initiatives are discussed. Third, some basic tools that can be used …
Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee
Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee
gregory m huckabee
Law vs. Science: Should law as a core subject be eliminated at the U.S. Armed Services Academies in favor of more relevant STEM (science, technology, engineering, mathematics) courses? As recent cyberterror events have unfolded, more STEM knowledge is needed in the armed forces. STEM courses are on the march for inclusion in greater numbers in academy core curriculums. In order for new STEM courses to join the academic heart of academy learning, predecessor courses must be reviewed for relevancy, significance, and materiality. One core course in common at all three military academies is law. Yet few core curriculums can absorb …
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Mark P Nevitt
America was born in revolution. Outraged at numerous abuses by the British crown—to include the conduct of British soldiers in the colonists’ daily lives— Americans declared their independence, creating a new republic with deep suspicions of a standing Army. These suspicions were intensely debated at the time of the nation’s formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. They were not put in place until after the Civil War when southern congressmen successfully co- opted the framers’ earlier concerns of a standing Army and passed a …
Antonio Nariño Y La Persecusión De Bienes®, Daniel Fernando Gómez Tamayo
Antonio Nariño Y La Persecusión De Bienes®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
La importancia de la técnica histórica en la argumentación jurídica. Origen del déficit del estado, y el fraude contable a la Iglesia Católica.
Ucmj Article 66(C) And The Case To End The Courts Of Criminal Appeals De Novo Review Of Factual Sufficiency, Matt C. Pinsker
Ucmj Article 66(C) And The Case To End The Courts Of Criminal Appeals De Novo Review Of Factual Sufficiency, Matt C. Pinsker
Matt C Pinsker
Under UCMJ Article 66(c), the military’s courts of criminal appeals have the unusual appellate power of conducting a de novo review of a trial court’s findings of fact. Congress gave the military’s appellate courts their unusual fact-finding powers in 1950 because under the original UCMJ, special and general courts-martials were highly unprofessional proceedings which were susceptible to command influence, creating the risk of unjustly convicting innocent servicemembers. Originally, there were not even judges presiding at summary courts-martials. Instead, a senior line officer untrained in law was designated president of the panel and was responsible for making legal decisions such as …
U.S. Judicial Independence: Victim In The “War On Terror”, Wayne Mccormack
U.S. Judicial Independence: Victim In The “War On Terror”, Wayne Mccormack
Wayne McCormack
One of the principal victims in the U.S. so-called "war on terror" has been the independence of the U.S. Judiciary. Time and again, challenges to assertedly illegal conduct on the part of government officials have been turned aside without addressing the merits, either because of overt deference to the Government or because of special doctrines such as state secrets and standing requirements. This paper catalogs the principal cases first by the nature of the government action challenged and then by the special doctrines invoked. The U.S. judiciary has virtually relinquished its valuable role of judicial review. In the face of …
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
Andrew Norris
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Craig Martin
For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …
Legal Issues Associated With Unmanned Maritime Systems, Andrew J. Norris
Legal Issues Associated With Unmanned Maritime Systems, Andrew J. Norris
andrew j norris
No abstract provided.
Direct Participation In Hostilities From Cyberspace, Collin Allan
Direct Participation In Hostilities From Cyberspace, Collin Allan
Collin Allan
As demonstrated by the cyber attacks against Georgia in 2008 and the cyber attacks against Aramco in 2012, civilians are increasing their participation in armed conflicts through cyber attacks. In 2009, the International Committee of the Red Cross (ICRC) published a document on how to determine when a civilian’s participation in armed conflict reaches the necessary level to render him or her targetable by one of the parties to the conflict. The Tallinn Manual was published this year to provide legal guidance in cyber situations. While professionals have written in this area previously, it is the first time that experts …
Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges, Elisa Poteat
Cipa V. State Secrets: How A Few Mistakes Confused Two Important National Security Privileges, Elisa Poteat
Elisa Poteat
No abstract provided.
Is U.S. Operational Self-Defense A State Practice Creating New Customary International Law?, Yevgeny S. Vindman
Is U.S. Operational Self-Defense A State Practice Creating New Customary International Law?, Yevgeny S. Vindman
Yevgeny S Vindman
U.S. policy on self-defense is based on recognition that modern conflicts have created new and unconventional threats that had not been anticipated or addressed in the Law of War. Based on U.S. policy and general principles of self-defense, operational self-defense is an evolutionary concept that developed over the course of the recent conflicts to allow senior commanders to leverage the enormous resources available to reduce or eliminate threats that may have previously been imperceptible. Operational self-defense executed in bello, occupies the operational sphere in War, between tactical and strategic. Operational self-defense is not limited by use of force restrictions imposed …
A Legal 'Red Line'? Syria And The Use Of Chemical Weapons In Civil Conflict, Jillian Blake
A Legal 'Red Line'? Syria And The Use Of Chemical Weapons In Civil Conflict, Jillian Blake
Jillian Blake
This Essay analyzes the prohibition on the use of chemical weapons in civil conflicts and applies its findings to the Syrian civil war. We find that international humanitarian law and international criminal law provide a clear ban on the use of chemical weapons in international armed conflict. This prohibition is less clear in noninternational armed conflict, suggesting the need for legal reforms to firmly ban the use of chemical weapons in all armed conflicts. Furthermore, we find the use of chemical weapons in Syria does not, by itself, cross a legal red line justifying military intervention. Instead, the use of …
Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert
Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert
Paul R Rickert
No abstract provided.
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Stephen P. Hoffman
This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Kevin H. Govern
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …
The Resonance Of Christian Political Conceptions Within International Humanitarian Law, David B. Dennison
The Resonance Of Christian Political Conceptions Within International Humanitarian Law, David B. Dennison
David Brian Dennison
This paper presents conceptions from the Christian tradition that have special resonance modern International Humanitarian Law. The object of this paper supplies a lens that enables readers to detect the formative influence of unique Christian concepts. The conceptions from the Christian tradition presented include the Augustinian perspective on mortal and eternal life, the conception of a fallen world contrasted with a utopian vision, love as a motivation for peace, an expansive view of human community, the concept of role appropriate morality and the significance of outward signs and symbolism in the context of armed conflict.
Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin
Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin
Craig Martin
The U.S. targeted killing policy employs drone-launched missiles to kill suspected terrorists and insurgents in countries in which the U.S. is not clearly involved in an armed conflict. It has justified the program on two bases: that the U.S. is in an armed conflict with Al Qaeda and associated organizations; and that the U.S. can engage in the strikes as an exercise of self-defence. These strikes constitute a use of force against the states in which the targets are located, in jus ad bellum terms, and the claim to the right of self-defence is similarly reliance upon a jus ad …
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
A Just War: Examining War Justification In Operation Iraqi Freedom, Neely M. Peden
A Just War: Examining War Justification In Operation Iraqi Freedom, Neely M. Peden
Neely M Peden
War itself and the consequences of war have never been able to be reconciled with the moral principle of peace. It was St. Thomas Aquinas who theorized that the incompatible means of war and Christian-taught pacifism could complement one another in his Summa Theologica. Out of these theological postures comes the idea of “just war”. This paper examines the conflict between these ideologies and the recent conflict in Iraq.
Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil
Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil
William Marra
The United States is in the midst of a national debate about the role drone aircraft should play in warfare abroad and law enforcement at home. Armed drones hunt enemies abroad 24 hours a day, seven days a week. Drones have begun to patrol our domestic skies too, on the lookout for suspicious activity. But contemporary drones are merely the “Model T” of robot technology. Today, humans are still very much “in the loop”: humans decide when to launch a drone, where it should fly, and whether it should take action against a suspect. But as drones develop greater autonomy, …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Sõjalisi Ja Turvateenuseid Pakkuvate Eraettevõtjate Õiguslik Staatus Relvakonfliktis, René Värk
Sõjalisi Ja Turvateenuseid Pakkuvate Eraettevõtjate Õiguslik Staatus Relvakonfliktis, René Värk
René Värk
No abstract provided.
Superior Responsibility, René Värk
Weak States And Terrorist Organizations: A Proposed Model Of Intervention, Ilan Fuchs, Harry Borowski
Weak States And Terrorist Organizations: A Proposed Model Of Intervention, Ilan Fuchs, Harry Borowski
Ilan Fuchs
No abstract provided.
Delegitimizing Aggression: First Steps And False Starts After The First World War, Kirsten Sellars Dr
Delegitimizing Aggression: First Steps And False Starts After The First World War, Kirsten Sellars Dr
Dr Kirsten Sellars
The interwar years marked the movement in international law towards the prohibition of aggressive war. Yet a notable feature of the 1920s and 1930s, despite suggestions to the contrary at the Nuremberg and Tokyo tribunals, was the absence of legal milestones marking the advance towards the criminalization of aggression. Lloyd George’s proposal to arraign the ex-Kaiser for starting the First World War came to nothing. Resolutions mentioning the ‘international crime’ of aggression, such as the draft Treaty for Mutual Assistance and the Geneva Protocol, were never ratified. And the Kellogg-Briand Pact, while renouncing war ‘as an instrument of national policy’, …