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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 Nov 2021

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 Oct 2021

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 May 2019

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 Feb 2018

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 Nov 2016

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 May 2015

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 Dec 2009

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Apr 2005

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 Apr 2004

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 Feb 1988

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 Oct 1977

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 May 1971

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. May 1971

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 Mar 1971

Military Justice: The Need For Change., Henry B. Rothblatt

William & Mary Law Review

No abstract provided.


The Justice Of Military Justice, Louis B. Nichols Mar 1971

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. Dec 1970

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 Oct 1970

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 Oct 1970

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 May 1970

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 Dec 1969

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 Oct 1969

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 May 1969

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.