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Articles 1 - 30 of 84
Full-Text Articles in Law
Editor's Note, Padraig O'Malley
Editor's Note, Padraig O'Malley
New England Journal of Public Policy
In the months preceding the U.S. presidential election in November 2004, George Bush and John Kerry conducted what passed for a serious debate on U.S. foreign policy, especially the rationale for the war in Iraq and on the state of the "war on terror." It was easy to lose sight of the primary purpose of these two special issues of the New England Journal of Public Policy on war. So I should, perhaps, remind our readers.
The question posed was: what lessons can we draw from the wars and conflicts of the twentieth century that might help us to take …
One Morning In Morocco, Eli Mechanic
One Morning In Morocco, Eli Mechanic
New England Journal of Public Policy
Presents the journal of an American student studying in Morocco based on his firsthand experiences on how Arabs viewed the Iraq war from January to May 2003. Lesson learned on March 20, 2003 where he felt the anger of Arab people upon seeing an American; Excitement of Arabs upon hearing news about dead Americans; Realization of the Moroccans on the cruelty of the Americans.
We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton
We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton
New England Journal of Public Policy
Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
San Diego International Law Journal
This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …
Responsibility, Injustice And The American Dilemma, Mohammad-Mahmoud Ould Mohamedou
Responsibility, Injustice And The American Dilemma, Mohammad-Mahmoud Ould Mohamedou
Buffalo Human Rights Law Review
No abstract provided.
Torture: A Collection, Bryn D. Powell
Torture: A Collection, Bryn D. Powell
Buffalo Human Rights Law Review
Book review of Torture: A Collection, Sanford Levinson, ed.
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
San Diego International Law Journal
This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …
"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan
San Diego International Law Journal
With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
San Diego International Law Journal
This Article argues that given the unique and significant contribution of journalists to uncovering and documenting war crimes, the ICC should amend its evidentiary rules to recognize a qualified journalist's privilege. In doing so, the ICC should clearly identify who may benefit from such a privilege, clarify a procedure for balancing the need of reportorial testimony against prosecution and defense interests, and, lastly provide for mandatory consultations between the court and affected news organizations or journalists before allowing the issuance of a subpoena. Such clarity will benefit not only journalists working in war zones and the ICC, but will provide …
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
San Diego International Law Journal
This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …
The Case For Closing The School Of The Americas, Bill Quigley
The Case For Closing The School Of The Americas, Bill Quigley
Brigham Young University Journal of Public Law
No abstract provided.
Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman
Sosa V. Alvarez-Machain And Abu Ghraib--Civil Remedies For Victims Of Extraterritorial Torts By U.S. Military Personnel And Civilian Contractors, Scott J. Borrowman
BYU Law Review
No abstract provided.
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Michigan Law Review
From Nuremberg to The Hague scours the institutions of international criminal justice in order to examine their legitimacy and effectiveness. This collection of essays is edited by Philippe Sands, an eminent authority on public international law and professor at University College London. The five essays derive from an equal number of public lectures held in London between April and June 2002. The essays - concise and in places informal - carefully avoid legalese and arcania. Taken together, they cover an impressive spectrum of issues. Read individually, however, each essay is ordered around one or two well-tailored themes, thereby ensuring analytic …
The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding
The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding
William & Mary Law Review
This Article assesses the role of law and lawyering in time of war by examining how lawyers responded to and were affected by the Civil War and Reconstruction. Although the modern legal profession has its roots in the same time period (legal formalism, education in law schools rather than apprenticeships, Socratic instruction, bar associations, large firm practice, and a distinct brand of constitutional conservatism all emerge in the 1870s), historians of the legal profession have largely ignored the relationship between professional organization and lawyers' experience of the Civil War and Reconstruction.
Before the war period, many elite lawyers were committed …
Preemption, Assassination, And The War On Terrorism, David Ennis
Preemption, Assassination, And The War On Terrorism, David Ennis
Campbell Law Review
The purpose of this comment is to provide a legal framework which supports the use of assassination as a preemptive instrument against terrorism. In doing so, this comment will: (1) offer a sensible definition for assassination and its relationship to war; (2) examine both the historical and political underpinnings of the current United States policy on assassination; and (3) review sources of international customary and treaty law to extrapolate guidelines for using assassination overseas in the War on Terror.
Magdalena A. Zolkos On Rethinking The Holocaust By Yehuda Bauer. New Haven: Yale University Press, 2001. 335pp., Magdalena A. Zolkos
Magdalena A. Zolkos On Rethinking The Holocaust By Yehuda Bauer. New Haven: Yale University Press, 2001. 335pp., Magdalena A. Zolkos
Human Rights & Human Welfare
A review of:
Rethinking the Holocaust by Yehuda Bauer. New Haven: Yale University Press, 2001. 335pp.
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
University of Richmond Law Review
No abstract provided.
Neotrusteeship In Afghanistan, Melanie Kawano
Neotrusteeship In Afghanistan, Melanie Kawano
Human Rights & Human Welfare
Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.
Colombia, Travis Ning
Colombia, Travis Ning
Human Rights & Human Welfare
The events of September 11 continued of the pattern of redefinition in the conflict in Colombia. The complex war of today actually began decades ago as a small political struggle, which has gradually developed into a large-scale civil war. The continuation and growth of civil strife in Colombia witnessed the emergence of several organized anti-government guerrilla movements. Some of these groups have since been defeated or have integrated themselves into the recognized political system. Others have continued to violently challenge Colombian government authority. Currently, the two most significant anti-government insurgency groups are the Fuerzas Armadas Revolucionarias de Colombia (FARC) and …
Democratization In Afghanistan, Chris Rowe
Democratization In Afghanistan, Chris Rowe
Human Rights & Human Welfare
What determines whether a specific country embarks on the road to democracy, if it completes that voyage successfully, and finally consolidates democratic values, practices, and institutions? Analysts have debated these issues for decades and have identified a number of historical, structural, and cultural variables that help account for the establishment of successful democracies in some countries and its absence in others. Frequently cited prerequisites for democracy include social and economic modernization; a large and vibrant middle class; and cultural norms and values relating to politics.
Chechnya, Kelley Laird
Chechnya, Kelley Laird
Human Rights & Human Welfare
The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.
Georgia, James Smithwick
Georgia, James Smithwick
Human Rights & Human Welfare
The conflict between Chechnya and Russia combined with September 11 has focused more international attention on the Russian Caucuses. However, little has changed since America declared a War on Terror in the Republic of Georgia. The state turned a blind eye to religious persecution before September 11, and continues to do so. Multiple separatist movements persist in the same manner as they did prior to September 11.
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher
Michigan Journal of International Law
This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.
The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan
The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan
William Mitchell Law Review
This article, after giving a brief history of the Moussaoui case, identifies the main paradoxes or problems of continuing to deal with him in the criminal system. By no stretch of the imagination does this article provide an exhaustive or comprehensive treatment of the Moussaoui case. Each problem, by itself, could be the subject of a separate law review article. This article suggests that Moussaoui, rather than Yaser Esam Hamdi, or Jose Padilla, or the detainees in Guantanamo Bay, could have served as the true test for determining the minimum process that the American Constitutional system owes to an individual …
Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne
Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne
University of Baltimore Law Review
No abstract provided.
Fair V. Rumsfeld, Michael J. Collins
Fair V. Rumsfeld, Michael J. Collins
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng
The Modern American
No abstract provided.
Keynote Address, William H. Taft
Keynote Address, William H. Taft
American University International Law Review
No abstract provided.
Human Rights And Post-War Reconstruction: Introduction, Roberto Belloni
Human Rights And Post-War Reconstruction: Introduction, Roberto Belloni
Human Rights & Human Welfare
The expression “post-war reconstruction,” commonly adopted by both practitioners and academics, is somewhat misleading. Reconstruction does not entail rebuilding or return to the pre– war state of affairs as the expression seems to suggest. Rather, reconstruction involves difficult multiple transitions: from war to peace, from a state to a market economy, and from authoritarianism to democracy. Each transition taken by itself would be daunting. Taken together, they can be almost overwhelming.
Democratization In Iraq, Kate Lotz, Tim Melvin
Democratization In Iraq, Kate Lotz, Tim Melvin
Human Rights & Human Welfare
With the war in Iraq over, Coalition forces are still present as the cultivation of Iraqi democracy is underway. Coalition-led democratization in Iraq will prove to be a lengthy and complex objective, but one which will be pursued until successfully accomplished.