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Full-Text Articles in Law

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone Jul 2022

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone

Buffalo Law Review

No abstract provided.


The Presidential Coup, Anthony J. Ghiotto Mar 2022

The Presidential Coup, Anthony J. Ghiotto

Buffalo Law Review

What prevents the President from abusing the military power at his disposal to stage a coup and actively impose presidential rule upon the United States? What if generations of presidential assertions of authority, congressional acquiescence, and judicial abdication have not only laid the groundwork for the President to use military power to impose his will, but in fact have legally sanctioned such a presidential coup? And what if the informal checks and balances that historically protected against such abuse—specifically a benevolent President, a constitutionally faithful military, intra-executive branch checks, and public opinion—have also eroded to no longer function as checks? …


A Sisterhood Of Arms: Envisioning Conscription And Selective Service Post-Gender Integration Of Combat Arms, Erin R. Goldberg Dec 2016

A Sisterhood Of Arms: Envisioning Conscription And Selective Service Post-Gender Integration Of Combat Arms, Erin R. Goldberg

Buffalo Law Review

No abstract provided.


Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher Apr 2016

Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher

Buffalo Human Rights Law Review

No abstract provided.


The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell Apr 2016

The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell

Buffalo Human Rights Law Review

No abstract provided.


Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci Dec 2015

Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci

Buffalo Law Review

No abstract provided.


Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso Sep 2014

Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Thinking Slow About Sexual Assault In The Military, Matthew Burris Sep 2014

Thinking Slow About Sexual Assault In The Military, Matthew Burris

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch Apr 2014

What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch

Buffalo Human Rights Law Review

No abstract provided.


Responsibility To Protect: Arab Spring Perspectives, Rob Dickinson Apr 2014

Responsibility To Protect: Arab Spring Perspectives, Rob Dickinson

Buffalo Human Rights Law Review

In this article important issues of legitimacy of government and external interference in the affairs of a State are raised. As a prelimi- nary, the rights and obligations of a State with regard to territorial integrity and sovereignty are considered, prior to analyses of the emergent concept of the responsibility to protect and the principle of self-determination. The article then takes into account events of the Arab Spring, before the author concludes by drawing lessons for States, not only those whose people look to change their own govern- ments, or style of governments, but also those intent on intervention in …


The Chaplaincy Exception In International Humanitarian Law: "American-Born Cleric" Anwar Awlaki And The Global War On Terror, K. Benson Apr 2014

The Chaplaincy Exception In International Humanitarian Law: "American-Born Cleric" Anwar Awlaki And The Global War On Terror, K. Benson

Buffalo Human Rights Law Review

Anwar al-Awlaki, frequently described by the media as an "Ameri- can-born cleric," was the first American citizen to be targeted for extrajudicial assassination by the Obama administration as part of the Global War on Terror (GWOT). While there have been scholarly works considering the legality of his killing under domestic law, none have examined his status as a chaplain under International Humanita- rian Law (IHL), what this designation could mean for the legality of Anwar al-Alwaki's killing, or what his killing could mean for the GWOT in general. This paper provides a necessarily brief history of Al Qaeda in the …


The Abu Ghraib Convictions: A Miscarriage Of Justice, Robert Bejesky Sep 2013

The Abu Ghraib Convictions: A Miscarriage Of Justice, Robert Bejesky

Buffalo Public Interest Law Journal

No abstract provided.


Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante Apr 2013

Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante

Buffalo Human Rights Law Review

No abstract provided.


Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu Apr 2013

Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu

Buffalo Human Rights Law Review

No abstract provided.


A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea, Theresa Chun Apr 2013

A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea, Theresa Chun

Buffalo Human Rights Law Review

No abstract provided.


Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth And Reconciliation Commission, Republic Of Korea, Mark A. Nathan, Eon Joo Park Apr 2013

Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth And Reconciliation Commission, Republic Of Korea, Mark A. Nathan, Eon Joo Park

Buffalo Human Rights Law Review

No abstract provided.


Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales Apr 2013

Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales

Buffalo Human Rights Law Review

No abstract provided.


Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik Apr 2013

Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik

Buffalo Human Rights Law Review

No abstract provided.


Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon Apr 2013

Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon

Buffalo Human Rights Law Review

No abstract provided.


Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim Apr 2013

Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim

Buffalo Human Rights Law Review

No abstract provided.


Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish Apr 2013

Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish

Buffalo Human Rights Law Review

This Article substantively introduces a special symposium issue on "Implementing Truth and Reconciliation: Comparative Lessons for Korea." Inspired by the Dec. 2010 release of the official report and recommendations of the Truth and Reconciliation Commission, Republic of Korea (TRCK), the special issue gathers comparative national and cross-national lessons from four nations -- South Korea, South Africa, Cambodia, and Peru -- on the factors that contribute to or hinder the effective implementation of truth commission recommendations and other efforts aimed at achieving national, community, and individual-level reconciliation. Such lessons are offered in the hope of assisting victim groups and other advocacy …


Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure Sep 2012

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Buffalo Human Rights Law Review

No abstract provided.


Jurisdiction Over American Private Military Contractors: The Illusion Of A Loophole In The Law And The Reality Of No Oversight, Ryan Larose Sep 2012

Jurisdiction Over American Private Military Contractors: The Illusion Of A Loophole In The Law And The Reality Of No Oversight, Ryan Larose

Buffalo Human Rights Law Review

No abstract provided.


Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish Apr 2012

Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish

Buffalo Law Review

This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its final judgment and verdicts, has largely …


Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson Apr 2012

Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson

Buffalo Law Review

No abstract provided.


Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett Apr 2012

Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett

Buffalo Law Review

No abstract provided.


Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller Apr 2012

Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller

Buffalo Law Review

No abstract provided.


Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak Apr 2012

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

Buffalo Law Review

No abstract provided.


Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes Sep 2011

Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes

Buffalo Human Rights Law Review

No abstract provided.


Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock Sep 2011

Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock

Buffalo Human Rights Law Review

No abstract provided.