Law Commons^™

Attacking Military Environmental Cleanup On Foreign Soil: Should Cercla Principles Apply?, Randon H. Draper

Buffalo Environmental Law Journal

No abstract provided.

The Inclusive Command: Voluntary Integration Of Sexual Minorities Into The U.S. Military, Jennifer Gerarda Brown, Ian Ayres

Michigan Law Review

Many opponents of gays in the military will accept the proposition that gay and lesbian soldiers, most of them closeted, have served their country bravely and well. General Colin Powell has referred to gay service members as "proud, brave, loyal, good Americans" who have "served well in the past and are continuing to serve well." General H. Norman Schwartzkopf agrees: "homosexuals have served in the past and have done a great job serving their country." What these opponents find harder to accept is the proposition that heterosexual people can effectively serve their country if openly gay people are in the …

Anne Orford, Reading Humanitarian Intervention: Human Rights And The Use Of Force In International Law, Lisa Danish

Buffalo Human Rights Law Review

No abstract provided.

The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal

Buffalo Human Rights Law Review

No abstract provided.

The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt

Buffalo Human Rights Law Review

No abstract provided.

The War On Cyberterror: Why Australia Should Examine The U.S. Approach To Critical Infrastructure Protection, Elizabeth Tutmarc

Washington International Law Journal

As the global community focuses on detecting and fighting terrorism, defense strategists have identified the vulnerability of certain cybersystems. Traditional methods of defense and warfare, however, often do not apply to new technologies. Thus the cybercommunity is developing new standards for protecting computer resources against terrorist attack. From the perspective of national governments, much attention has been paid to the importance of secure "critical infrastructure." This category of computer-dependent resources includes sectors vital to the smooth and orderly operation of public society, such as transportation, communications, and food production. These sectors are becoming increasingly dependent on computers to function, and …

The Japanese Law Concerning The Special Measures On Humanitarian And Reconstruction Assistance In Iraq: Translator's Introduction, Mika Hayashi

Washington International Law Journal

The legal framework concerning Japan's physical contribution to international peace and security through the presence of its Self-Defense Forces abroad underwent ad hoc changes twice since the beginning of the Twenty-First Century. The first change was brought about by the September 11 terrorist attacks in 2001 and the second was the result of the war in Iraq in 2003. In both cases, Japan enacted laws that specifically enabled the Self-Defense Forces to operate abroad: the Anti-Terrorism Special Measures Law and the Law concerning the Special Measures on Humanitarian and Reconstruction Assistance in Iraq, respectively. The latter and most recent legislation, …

Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer

Human Rights & Human Welfare

Hegemony, as neo-cons argued in the 1990s, is not the mere possession of dominating power but also the will to use it on behalf of a coherent project. In the Clinton years, hegemony was only latent. The catastrophe of September 2001 created the circumstances in which it could be made real. To what end? There is not yet a single comprehensive statement of the neoconservative project and its premises.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not …

From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar

San Diego International Law Journal

The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).

Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack

San Diego International Law Journal

This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …

Reforming Federal Habeas Review Of Military Convictions: Why Aedpa Would Improve The Scope And Standard Of Review, John K. Chapman

Vanderbilt Law Review

The writ of habeas corpus is a collateral remedy available to prisoners who have exhausted all available appellate remedies. Habeas corpus, which literally means "to have or produce the body," involves a court order directing the custodian of a prisoner to bring the prisoner before the court in order to assess the validity of the prisoner's confinement. The importance of habeas corpus in the federal system has been recognized since the drafting of the Constitution and its historical roots trace back as far as the 12th Century in England. It is a procedure designed to protect individuals by forcing the …

The Media At The Tip Of The Spear, Kevin A. Smith

Michigan Law Review

Due largely to the first widespread availability of the telegraph, through which breaking stories could be transmitted to the presses in moments, the debut of the American war correspondent occurred during the Civil War. From their beginning, American war correspondents have frequently "embedded" with the troops on whom they reported. General Grant, for example, allowed his favorite New York Herald reporter to travel with his entourage, and even used him as a personal messenger. Reporters proved an important component of the war effort for both the North and the South. Papers on both sides proved willing providers of propaganda to …

Reveille For Congress: A Challenge To Revise Rape Law In The Military, Alexander N. Pickands

William & Mary Law Review

No abstract provided.

Front Matter And Table Of Contents

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.

A Nazi War Criminal As A Standard Bearer For Gender Equality? The Strange Saga Of Johann Breyer, Michael M. Pavlovich

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Use Of Force And (The State Of) Necessity, Andreas Laursen

Vanderbilt Journal of Transnational Law

At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …

Imperfect Justice: Looted Assets, Slave Labor, And The Unfinished Business Of World War Ii, Stuart E. Eizenstat

Vanderbilt Journal of Transnational Law

I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe--in Switzerland-to keep them out of Hitler's clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of …

Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro

Vanderbilt Journal of Transnational Law

Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

For Any Reason Or No Reason At All: Reconciling Employment-At-Will With The Rights Of Texas Workers After Mission Petroleum Carriers Inc. V. Solomon., Jason P. Lemons

St. Mary's Law Journal

Since its inception, Texas has been a favored destination for both up-start entrepreneurs and established corporations. One of the less heralded, but nonetheless significant factors that makes Texas so attractive to businesses is its long-standing devotion to the doctrine of at-will employment. The doctrine generally states that any employment relationship not governed by contract or a statutory provision is terminable at any time by either the employer or the employee for any reason or no reason at all. At-will employment has been praised by courts and commentators for the flexibility it offers both parties in decision making. Nevertheless, the at-will …

The Texas Cave Bug And The California Arroyo Toad Take On The Constitution's Commerce Clause., Daniel J. Lowenberg

St. Mary's Law Journal

Abstract Forthcoming.

Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.

Military Exemptions From Environmental Regulations: Unwarranted Special Treatment Or Necessary Relief, Erin Truban

Villanova Environmental Law Journal

No abstract provided.

Beyond Rights: Legal Process And Ethnic Conflicts, Elana A. Baylis

Michigan Journal of International Law

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build structural safeguards against such disputes into their political and legal systems, but these safeguards have not been able to prevent all conflict. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts. This presents an important question: what kinds of processes and institutions might enable ethnic groups to resolve their conflicts with each other and the state? This Article explores that question, reviewing the interdisciplinary literature on ethnic conflicts, the legal literature …