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Full-Text Articles in Law

Law And Terror, Kenneth Anderson Sep 2006

Law And Terror, Kenneth Anderson

Kenneth Anderson

This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …


Doomed Internationalist, Kenneth Anderson Sep 2006

Doomed Internationalist, Kenneth Anderson

Kenneth Anderson

Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …


An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson Jun 2005

An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson

Kenneth Anderson

This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …


Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson Dec 1999

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Kenneth Anderson

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …


The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson Dec 1994

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

Kenneth Anderson

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 …


Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson Dec 1993

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Kenneth Anderson

Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.


Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson Dec 1992

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Kenneth Anderson

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …


Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson Dec 1984

Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson

Kenneth Anderson

This law journal note dating from the Central American civil wars of the 1980's discusses ways in which the US Congress could impose detailed action requirements related to human rights as a condition of continuing US military assistance to the government of El Salvador.