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Articles 1 - 30 of 36
Full-Text Articles in Law
Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia
Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia
William & Mary Law Review
“Yesterday, in my view, was one of the darkest days in the history of our nation.” President Joseph R. Biden spoke these words following the January 6, 2021 riots at the U.S. Capitol Building that left five people, including a police officer, dead. The mob that stormed the Capitol sought to prevent Congress from certifying then-President-elect Biden’s Electoral College victory. In the weeks following the riot, investigators began arresting rioters associated with extremist right-wing militia groups, such as the Oath Keepers and Three Percenters. While January 6, 2021, can accurately be labeled a dark day in American history, the events …
Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng
Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng
William & Mary Law Review
Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …
Creating An Unprecedented Number Of Precedents At The U.S. Court Of Appeals For Veterans Claims, Natsumi Antweiler
Creating An Unprecedented Number Of Precedents At The U.S. Court Of Appeals For Veterans Claims, Natsumi Antweiler
William & Mary Law Review
No abstract provided.
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
William & Mary Law Review
Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S. military to …
The Common Law Of War, Jens David Ohlin
The Common Law Of War, Jens David Ohlin
William & Mary Law Review
In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a branch …
Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello
Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello
William & Mary Law Review
No abstract provided.
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
William & Mary Law Review
Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
William & Mary Law Review
No abstract provided.
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
William & Mary Law Review
No abstract provided.
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane Stromseth
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane Stromseth
William & Mary Law Review
No abstract provided.
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
William & Mary Law Review
No abstract provided.
Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal
Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal
William & Mary Law Review
No abstract provided.
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
William & Mary Law Review
No abstract provided.
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
William & Mary Law Review
No abstract provided.
Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan
Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan
William & Mary Law Review
No abstract provided.
The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding
The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding
William & Mary Law Review
This Article assesses the role of law and lawyering in time of war by examining how lawyers responded to and were affected by the Civil War and Reconstruction. Although the modern legal profession has its roots in the same time period (legal formalism, education in law schools rather than apprenticeships, Socratic instruction, bar associations, large firm practice, and a distinct brand of constitutional conservatism all emerge in the 1870s), historians of the legal profession have largely ignored the relationship between professional organization and lawyers' experience of the Civil War and Reconstruction.
Before the war period, many elite lawyers were committed …
Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands
Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands
William & Mary Law Review
No abstract provided.
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
William & Mary Law Review
No abstract provided.
Culver V. Secretary Of The Air Force: Restriction Of Servicemen's Individual Freedoms Abroad For Foreign Policy Reasons
William & Mary Law Review
No abstract provided.
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
William & Mary Law Review
No abstract provided.
The Honorable Discharge: A Farewell To Responsibility For War Crimes?, Charles W. Boohar Jr.
The Honorable Discharge: A Farewell To Responsibility For War Crimes?, Charles W. Boohar Jr.
William & Mary Law Review
No abstract provided.
Military Justice: The Need For Change., Henry B. Rothblatt
Military Justice: The Need For Change., Henry B. Rothblatt
William & Mary Law Review
No abstract provided.
The Justice Of Military Justice, Louis B. Nichols
The Justice Of Military Justice, Louis B. Nichols
William & Mary Law Review
No abstract provided.
Military Law - Persons Subject To The Uniform Code Of Military Justice. United States V. Averette, 19 U.S.C.M.A. 363, 41 C.M.R. 363 (1970), Charles W. Boohar Jr.
Military Law - Persons Subject To The Uniform Code Of Military Justice. United States V. Averette, 19 U.S.C.M.A. 363, 41 C.M.R. 363 (1970), Charles W. Boohar Jr.
William & Mary Law Review
No abstract provided.
Military Reservations: Forts Or Parks?, Robert Gerwig
Military Reservations: Forts Or Parks?, Robert Gerwig
William & Mary Law Review
No abstract provided.
Armed Forces - Selective Service - Operation Of Statute Of Limitations As A Bar To Prosecution For Failure To Register For Draft. Toussie V. United States, 90 S. Ct. 858 (1970), Susan B. Cocke
William & Mary Law Review
No abstract provided.
Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan
Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan
William & Mary Law Review
No abstract provided.
Court-Martial Jurisdiction: The Effect Of O'Callahan V. Parker, Fred K. Morrison
Court-Martial Jurisdiction: The Effect Of O'Callahan V. Parker, Fred K. Morrison
William & Mary Law Review
No abstract provided.
Due Process For Servicemen - The Military Justice Act Of 1968, Francis T. Mccoy
Due Process For Servicemen - The Military Justice Act Of 1968, Francis T. Mccoy
William & Mary Law Review
No abstract provided.
Armed Services - The Right To Pre-Induction Judicial Review - Oestereicb V. Selective Service System, 89 S. Ct. 414 (1968), Michael E. Kris
Armed Services - The Right To Pre-Induction Judicial Review - Oestereicb V. Selective Service System, 89 S. Ct. 414 (1968), Michael E. Kris
William & Mary Law Review
No abstract provided.