Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- War & emergency powers (11)
- International law (10)
- United States (9)
- Human rights violations (7)
- International cooperation (7)
-
- Jus cogens (7)
- Forced labor (6)
- Human trafficking Law & legislation (6)
- International law & human rights (6)
- Terrorism (6)
- Constitutional law (4)
- Hate speech (4)
- National security (4)
- Afghanistan (3)
- Civil rights (3)
- Freedom of expression (3)
- Human rights (3)
- Private military companies (3)
- Snyder v. Phelps (3)
- Supreme Court (3)
- Combat injuries (2)
- Genocide (2)
- International Criminal Court (2)
- Jurisdiction (2)
- Oversight (2)
- Prosecution (2)
- Traumatic brain injury (2)
- United Nations (2)
- Veteran's benefits (2)
- War on Terror (2)
- Publication Year
Articles 1 - 30 of 104
Full-Text Articles in Law
Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine
Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine
University of Miami International and Comparative Law Review
This note compares the short-term benefits and long-term consequences of emergency powers using examples from several countries and offers solutions to mitigate those consequences. Historically, emergency powers were only granted in times of true crises. In those circumstances, emergency powers can serve an important purpose: to help the government run smoothly and efficiently. Unfortunately, permanent power grabs are now more common and the standard for what constitutes an emergency has weakened severely, often resulting in civil rights infringements. Possible solutions to this problem include understanding the negative effects of sunset clauses in emergency acts, increased awareness of manufactured emergencies, encouraging …
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
University of Miami Law Review
Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …
Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias
Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias
University of Miami Inter-American Law Review
No abstract provided.
The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt
The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt
University of Miami Law Review
The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to the …
Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett
Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Editor In Chief Comment
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Discriminatory And Illegal Practices Administered In The United States' Discretion When Employing The National Security Exception To Claim Inadmissibility Of Syrian Refugees For Resettlement, Cynthia Gonzalez
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Political Extremism And Domestic Terrorism In America, Mark Potok
Political Extremism And Domestic Terrorism In America, Mark Potok
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Charging Crimes As "Terrorism", Jenna Mclaughlin
Charging Crimes As "Terrorism", Jenna Mclaughlin
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum
Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Combatting Narcoterrorism, Andrea Villa
Combatting Narcoterrorism, Andrea Villa
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Does "Meaningful Human Control" Have Potential For The Regulation Of Autonomous Weapon Systems?, Kevin Neslage
Does "Meaningful Human Control" Have Potential For The Regulation Of Autonomous Weapon Systems?, Kevin Neslage
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman, Tiffany-Ashley Disney
Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman, Tiffany-Ashley Disney
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen
Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Prefatory Matter & Table Of Contents
Prefatory Matter & Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Prefatory Matter And Table Of Contents
Prefatory Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era, Andy T. Wang
Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era, Andy T. Wang
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani
The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani
University of Miami International and Comparative Law Review
No abstract provided.
International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca
International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca
University of Miami Inter-American Law Review
The military actions of an International Coalition and the role of its non-military contributing member States is yet another fundamental example of international practice concerning conflation between jus ad bellum and jus in bello. Although International Law proscribes the use of force in international relations, membership in an International Coalition engaged in military operations does not come without a cost. Non-military contributing member States may be regarded as co-belligerents or neutral States violating the laws of neutrality. This article argues that mere membership in a coalition does not amount to co-belligerency. Nevertheless, it claims that membership could entail a violation …
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
University of Miami Law Review
Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney
Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney
University of Miami National Security & Armed Conflict Law Review
Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.
This article explores the legal justifications for the …
Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski
Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.