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Full-Text Articles in Law

Cold War Legacy And Continuing Temptation: Tactical Nuclear Weapons In International Humanitarian Law, Stefan Kirchner Apr 2015

Cold War Legacy And Continuing Temptation: Tactical Nuclear Weapons In International Humanitarian Law, Stefan Kirchner

Stefan Kirchner

During the Cold War as well as in the wake of the 9/11 terrorist attacks, low yield tactical nuclear weapons have been deployed or, in the latter case, at least envisaged (again). Of particular interest in the early years of the 21st century have been so called bunker busters, nuclear weapons which can penetrate the ground and which can be used to destroy underground facilities, such as Iranian nuclear facilities. In this article, the role of tactical nuclear weapons during the Cold War and today is explained and the legality of the use of tactical nuclear weapons, in particular …


Terrorism As An Intellectual Problem, Charles W. Collier Nov 2014

Terrorism As An Intellectual Problem, Charles W. Collier

Charles W. Collier

The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …


American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell Nov 2013

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Due Process In American Military Tribunals After September 11, 2001, Gary Shaw May 2013

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Gary M. Shaw

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron May 2013

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Rodger Citron

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Usa Patriot Act: The Impact Of Usa Patriot Act On American Society: An Evidence Based Assessment, Kam C. Wong Jan 2007

Usa Patriot Act: The Impact Of Usa Patriot Act On American Society: An Evidence Based Assessment, Kam C. Wong

Kam C. Wong

No abstract provided.