Law Commons^™

"Little Wars" And The Constitution, Jules Lobel

University of Miami Law Review

No abstract provided.

The Power Over War, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.

Ely, Black, Grotius & Vattel, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.

After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger

University of Miami Law Review

No abstract provided.

The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman

University of Miami Law Review

No abstract provided.

Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh

University of Miami Law Review

No abstract provided.

War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh

University of Miami Law Review

No abstract provided.

Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon

University of Miami Law Review

No abstract provided.

War Powers And Congress, Dante Fascell

University of Miami Law Review

No abstract provided.

Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth

University of Miami Law Review

No abstract provided.

Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney

Penn State International Law Review

No abstract provided.

The United States Military Vs. The Media: Constitutional Friction, Steven S. Neff

Mercer Law Review

The long history of the relationship between the military and the media has been somewhat enigmatic. The fact that each institution has a strong constitutional mandate for its operations necessarily implicates the judiciary as a player in the inevitable conflict between the armed forces and the press. Ironically, these three entities-the military, media, and judiciary-frequently meet on the same First Amendment battlefield. The purpose of this Comment is to discuss this relationship historically and currently, assert the possible roles of each institution generally and with respect to one another, and attempt to predict the ebb and flow of the future …

Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone

Popular Media

No abstract provided.

Dr. Mudd And The Lincoln Assassination: The Case Reopened, John Paul Jones

Law Faculty Publications

No abstract provided.

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

The Concept Of Humanitarian Intervention Revisited, Yogesh K. Tyagi

Michigan Journal of International Law

Every case of humanitarian intervention gives rise to mixed feelings of hope and despair. Hope comes from the involvement of the international community, and despair comes from the fact that the state system is still too weak to meet its basic responsibility, namely, the protection of human dignity. Influenced by these mixed feelings, the present article attempts a new look at the concept of humanitarian intervention. In Part I, it examines the concept of humanitarian intervention. Part II analyzes the principal aspects of humanitarian intervention: the reasons for the intervention, the character of the target state, and the status of …

Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn

Faculty Scholarship

A recent wave of decisions have held unconstitutional the exclusion of lesbians, bisexuals,and gay men in the military when the only evidence of same-sex "conduct" is the servicemember's self-identification as gay. These courts, as well as some pro-equality commentators, have drawn upon three criminal law models by characterizing same-sex orientation as akin to a status and a form of political expression.

The first model relies upon Robinson v. California and Powell v. Texas, in which the Supreme Court announced the constitutional impermissibility of criminalizing the status of addiction to narcotics and alcohol. In the context of military litigation, this model …

The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Introduction. Although the United Nations has frequently been criticized for responding too slowly to problems in the developing world, it can take pride in having been among the first to recognize the crisis of antipersonnel landmines. Ever since the issue was first raised in 1992 by the International Committee of the Red Cross, key actors at the United Nations-including the Secretary General and other senior executives in the departments of Peacekeeping, Humanitarian Affairs, the High Commissioner on Refugees, and UNICEF-have been forthright on the need to take action against this problem.' The brief but specific mention of landmines in the …

On Demilitarizing A Palestinian "Entity" And The Golan Heights: An International Law Perspective, Louis R. Beres, Zalman Shoval

Vanderbilt Journal of Transnational Law

With the signing of the Oslo II Accord at the White House on September 28, 1995, Israel and the Palestine Liberation Organization codified the expansion of Palestinian self-rule in Judea and Samaria. Authors of this Accord argue that the security risks to Israel from the nascent Palestinian state could be reduced through appropriate forms of demilitarization. Similar arguments are being offered in relation to the Golan Heights, a strategic plateau currently in dispute between Israel and Syria. In this very timely and important Article, Professor Beres and Ambassador Shoval examine demilitarization in both contexts. They conclude, jurisprudential assurances notwithstanding, that …

Commentary On William V. O'Brien's "Just War Doctrine's Complementary Role In The International Law Of War", William G. Eckhardt

Faculty Works

No abstract provided.

The Yugoslav War Crimes Tribunal: The Compatibility Of Peace, Politics, And International Law, Karl A. Hochkammer

Vanderbilt Journal of Transnational Law

Since 1991, a brutal war has raged among ethnic groups of the former Yugoslavia. Outraged by the atrocities that have pervaded the war, the United Nations established an international tribunal in 1993 to adjudicate violations of international humanitarian law committed in the Yugoslav conflict. Although well-intentioned, the Yugoslav Tribunal nevertheless may fail to accomplish its goals. A number of practical and legal obstacles may impede its success. In particular, the United Nations lack of physical control over the combatants in the Yugoslav conflict may frustrate the Tribunal's ability to bring accused war criminals to justice. This Note surveys the problems …

Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley

UIC Law Review

No abstract provided.

The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty

UIC Law Review

No abstract provided.

Grotius Nunc Pro Tunch, Alfred P. Rubin

Michigan Journal of International Law

Review of A Normative Approach to War: Peace, War and Justice in Hugo Grotius (Yasuaki Onuma ed.)

The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross

Michigan Journal of International Law

The system of grave breaches, established in the Conventions, is the focal point of the enforcement mechanism of international humanitarian law in general and of the Conventions in particular. It is therefore surprising that very little has been written to date about this system. This article is intended to fill that gap by discussing the repression -the prohibition, prosecution, and adjudication - of grave breaches of the Conventions. The article's main purpose is to chart and map the basic contours of the terrain of an area which despite its vast significance has not been adequately and systematically explored. It is …

Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman

Michigan Journal of International Law

This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.

The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd

Michigan Journal of International Law

The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.

Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick

Michigan Journal of International Law

This article concludes that the United Nations is bound by the rules of customary international humanitarian law, and occupies a horizontal relationship with the other subjects of IHL that it engages in armed conflict. When U.N. armed forces engage in armed conflict, the Organization qualifies as a "party to armed conflict" within the meaning of IHL, and U.N. troops also fall within the IHL definition of "combatants," rendering the Organization subject to IHL obligations. Continuing U.N. arguments to the contrary either deprive IHL definitions of their determinacy or regress to a claim of undeserved special status for Charter norms and …

Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner

UIC Law Review

No abstract provided.

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.