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Targeted Killing And Just War: Reconciling Kill-Capture Missions, International Law, And The Combatant Civilian Framework, Louis H. Guard
Targeted Killing And Just War: Reconciling Kill-Capture Missions, International Law, And The Combatant Civilian Framework, Louis H. Guard
Cornell Law Library Prize for Exemplary Student Research Papers
This paper addresses how kill-capture missions can be reconciled with the underlying principles of just war theory. Part I of this paper outlines the traditional just war combatant-civilian framework and the basic legal doctrines currently thought to apply to targeted killing. Part II advances a new conception of the traditional combatant-civilian framework that incorporates the third category of alternative belligerents by showing how groups such as al Qaeda are neither combatants nor non-combatants in the just war sense and thus compel the creation of a third conceptual category. Part III of the paper applies the new framework to the kill-capture …
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid
Cornell Law Library Prize for Exemplary Student Research Papers
When the application of res judicata involves factual disputes, the jury must be the judicial actor to resolve these discrepancies. The fact-law distinction, which gives questions of fact to the jury and questions of law to the judge, has guided American courts for hundreds of years. From the time of the adoption of the Seventh Amendment until the end of the nineteenth century, courts have viewed res judicata disputes as factual determinations within the province of the jury.The migration from question of fact to question of law in the twentieth century lacked any proffered legal justification, and even as the …