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Military, War, and Peace

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2008

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Articles 1 - 30 of 60

Full-Text Articles in Law

Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen Dec 2008

Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen

Faculty Scholarship

On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …


Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen Dec 2008

Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

No abstract provided.


Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora Nov 2008

Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora

NULR Online

No abstract provided.


On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck Oct 2008

On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck

NULR Online

No abstract provided.


The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies Oct 2008

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel Oct 2008

Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …


International Decision: Munaf V. Geren, Harlan G. Cohen Oct 2008

International Decision: Munaf V. Geren, Harlan G. Cohen

Scholarly Works

This International Decision case comment, the final version of which will be published in Volume 102, No. 4, of the American Journal of International Law (forthcoming), examines the U.S. Supreme Court's decision in Munaf v. Geren, a case arising out of U.S. operations in Iraq and allegations of potential torture in Iraqi custody. In that decision, a unanimous Supreme Court held that the federal courts have jurisdiction under the habeas corpus statute to hear claims brought by American citizens held overseas by American forces "operating subject to an American chain of command, even when those forces are acting as a …


The Influence Of Ex Parte Quirin And Courts-Martial On Military Commissions, Morris D. Davis Sep 2008

The Influence Of Ex Parte Quirin And Courts-Martial On Military Commissions, Morris D. Davis

NULR Online

No abstract provided.


Crying Havoc Over The Outsourcing Of Soldiers And Democracy's Slipping Grip On The Dogs Of War, Joshua S. Press Sep 2008

Crying Havoc Over The Outsourcing Of Soldiers And Democracy's Slipping Grip On The Dogs Of War, Joshua S. Press

NULR Online

No abstract provided.


No Third Class Processes For Foreigners, Benjamin G. Davis Sep 2008

No Third Class Processes For Foreigners, Benjamin G. Davis

NULR Online

No abstract provided.


Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David P. Fidler Aug 2008

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


From The Department Of Justice To Guantanamo Bay; Administration Lawyers And Administration Interrogation Rules, Part I: Hearing Before The Subcomm. On The Constitution, Civil Rights And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., May 6, 2008 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban May 2008

From The Department Of Justice To Guantanamo Bay; Administration Lawyers And Administration Interrogation Rules, Part I: Hearing Before The Subcomm. On The Constitution, Civil Rights And Civil Liberties Of The H. Comm. On The Judiciary, 110th Cong., May 6, 2008 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban

Testimony Before Congress

Government lawyers have an awesome responsibility. Office of Legal Counsel opinions bind the entire executive branch. They have the force of law inside that branch. The idea that unelected lawyers are writing secret legal opinions that spin the law makes a mockery of democratic government. It means the executive branch is governed by a secret constitution - a constitution written by activist lawyers instead of the constitution written by the Framers.

Without getting too deeply into technicalities which, quite frankly, only a lawyer could love, let me summarize in a bit more detail just how spun the torture memos were.


Duress, Demanding Heroism And Proportionality, Luis E. Chiesa May 2008

Duress, Demanding Heroism And Proportionality, Luis E. Chiesa

Journal Articles

No abstract provided.


Introduction: The Emerging Power Of Context Over Conventional Wisdom In Scholarship On Law And Terrorism, Peter S. Margulies, Laura Corbin Apr 2008

Introduction: The Emerging Power Of Context Over Conventional Wisdom In Scholarship On Law And Terrorism, Peter S. Margulies, Laura Corbin

Law Faculty Scholarship

No abstract provided.


The Christian At War, Marc A. Clauson Apr 2008

The Christian At War, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.


Book Review Of A Jurisprudence Of Power: Victorian Empire And The Rule Of Law, Michael Ashley Stein Apr 2008

Book Review Of A Jurisprudence Of Power: Victorian Empire And The Rule Of Law, Michael Ashley Stein

Faculty Publications

No abstract provided.


Confronting Evil: Victims' Rights In An Age Of Terror, Wayne A. Logan Mar 2008

Confronting Evil: Victims' Rights In An Age Of Terror, Wayne A. Logan

Scholarly Publications

This Article examines a unique facet of the victims' rights movement: the use of victim impact evidence in the prosecution of individuals accused of mass killings. The Article provides the first detailed analysis of victim impact evidence employed in the capital trials of those responsible for the bombings in Oklahoma City (168 deaths) and the U.S. Embassy in Kenya (213 deaths), as well as the events of September 11 (almost 3000 deaths), and explores the many difficulties its use presents. These difficulties, the Article argues, warrant attention not only with respect to future U.S. mass killing trials in civilian courts, …


Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 5.

Investigations at the long lost fort were begun in 1998 by WMU archaeologists.


Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8.

Written documents indicate that the Jesuit priests settled among neighboring Native American groups and were successful at creating some converts at the St. Joseph mission.


Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin Jan 2008

Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.


A Poverty Of Respect: Human Rights, Honor, Dignity And Respect In The Israeli-Palestinian Conflict, 71 Alb. L. Rev. 861 (2008), Cecil J. Hunt Ii Jan 2008

A Poverty Of Respect: Human Rights, Honor, Dignity And Respect In The Israeli-Palestinian Conflict, 71 Alb. L. Rev. 861 (2008), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

No abstract provided.


Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain Jan 2008

Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain

UIC Law Open Access Faculty Scholarship

No abstract provided.


Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody Jan 2008

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Scholarly Articles

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …


Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1.

What is Archaeology and Historical Archaeology?


Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 4.

Fort St. Joseph was an important link in the chain of frontier outposts that marked the far reaches of New France and facilitated the fur trade between the French and Native Americans in the Western Great Lakes region.


Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6.

From 1691 to 1698 and from 1717 to 1761, French military personnel occupied Fort St. Joseph to defend the site's strategic position on a major trade route near the portage between the St. Joseph and Kankakee rivers, while maintaining alliances with friendly Native American groups to facilitate the trade in furs.


Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 2.

The French established Fort St. Joseph in 1691 in present day Niles.


Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 3.

At Fort St. Joseph, evidence points to many instances of cross-cultural exchange between the French fort inhabitants and neighboring Native American groups such as the Potawatomi, Miami and Sauk.


Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7.

The Fort St. Joseph Archaeological Project practices community service learning.

One of the main goals of the Fort St. Joseph Archaeological Project is to incorporate the local community in all aspects of the archaeological enterprise in the investigation.


Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez Jan 2008

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.