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Articles 1 - 7 of 7
Full-Text Articles in Law
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
Articles
No abstract provided.
The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen
The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen
Articles
This article begins with an examination of the intelligence needs of those engaged in maritime counterproliferation efforts. It then turns to risk-management decision making under conditions of uncertainty, focusing on decisions at the operational level and exploring the question of whether decision strategies in the WMD context should seek to minimize false-negative or false-positive errors. It concludes that even vastly improved maritime intelligence will not obviate the need for national and operational commanders to make decisions under conditions of uncertainty and that such decisions should be made on the basis of established risk-assessment and management principles. At the same time, …
A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen
A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen
Articles
This article seeks to provide the reader with an overview of the weapons of mass destruction (WMD) nonproliferation regime relevant to marine security operations and to alert the reader to shortfalls in that regime that might frustrate at-sea efforts to interdict WMD shipments. It begins with a general description of the international approach to combating proliferation of WMD and then examines the individual regimes for nuclear weapons, chemical weapons (CW), biological-toxin weapons (BTW) and WMD delivery systems, such as missiles and unmanned aerial vehicles. It next traces the development of several resolutions by the United Nations Security Council that target …
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Articles
The following essay is excerpted from the prospectus for Perspectives on Genocide and Genocidal Violence in the Sudan, edited by Law School Assistant Professor Laura N. Beny, Sondra Hale of UCLA, and Lako Tongun of Claremont Colleges, California. The book is under advance contract for publication by the University of Michigan Press. Its 14 chapters, written by prominent historians, anthropologists, social scientists, political leaders, and others, “tell overlapping stories about the social constructions of race, gender, culture, and religious and political loyalties, each of which underlies the longstanding conflict” in Sudan, according to Beny, whose essay in the book is …
Parallel Courts In Post-Conflict Kosovo, Elena Baylis
Parallel Courts In Post-Conflict Kosovo, Elena Baylis
Articles
Even as American attention is focused on Iraq's struggle to rebuild its political and legal systems in the face of violent sectarian divisions, another fractured society - Kosovo - has begun negotiations to resolve the question of its political independence. Kosovo's efforts to establish multi-ethnic rule of law in the context of persistent ethnic divisions offer lessons in transitional justice and in managing legal pluralism for Iraq and other states.
In Kosovo today, two parallel judicial systems each claim sole jurisdiction over the province. One system was established by the United Nations administration in Kosovo, while the other system is …
Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen
Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen
Articles
The first panel in this, the 2006 Naval War College, International Law Department conference on "Global Legal Challenges: Command of the Commons, Strategic Communications, and Natural Disasters," has been asked to offer a US perspective on current assertions regarding the US command of the commons. It is my privilege to moderate the discussion by a distinguished panel that includes Vice Admiral Lowell E. ("Jake") Jacoby, US Navy (retired) the immediate past director of the Defense Intelligence Agency; Vice Admiral John G. Morgan, Jr., US Navy, deputy chief of naval operations for plans and strategy (N3/N5); and Rear Admiral Joseph L. …
The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel
The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel
Articles
This article addresses the claim that times of crisis require jettisoning legal rules in favor of ad hoc balancing. Part I demonstrates that the coercive preventive measures adopted by the Bush administration in carrying out the War on Terror discarded clear legal rules in favor of ad hoc balancing and relied on suspicions rather than objective evidence. Part II examines the claims of prevention paradigm supporters that ad hoc balancing is necessary in the new post-911 era in order to reach decisions that correctly weigh the values of liberty and peace versus national security. This article argues that discarding the …