Law Commons^™

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine

University of Miami International and Comparative Law Review

This note compares the short-term benefits and long-term consequences of emergency powers using examples from several countries and offers solutions to mitigate those consequences. Historically, emergency powers were only granted in times of true crises. In those circumstances, emergency powers can serve an important purpose: to help the government run smoothly and efficiently. Unfortunately, permanent power grabs are now more common and the standard for what constitutes an emergency has weakened severely, often resulting in civil rights infringements. Possible solutions to this problem include understanding the negative effects of sunset clauses in emergency acts, increased awareness of manufactured emergencies, encouraging …

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias

University of Miami Inter-American Law Review

No abstract provided.

The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman

Articles

No abstract provided.

The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt

University of Miami Law Review

The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to the …

Addiction-Informed Immigration Reform, Rebecca Sharpless

Articles

Immigration law fails to align with the contemporary understanding of substance addiction as a medical condition. The Immigration and Nationality Act regards noncitizens who suffer from drug or alcohol substance use disorder as immoral and undesirable. Addiction is a ground of exclusion and deportation and can prevent the finding of "good moral character" needed for certain immigration applications. Substance use disorder can lead to criminal behavior that lands noncitizens, including lawful permanent residents, in removal proceedings with no defense. The time has come for immigration law to catch up to today's understanding of addiction. The damage done by failing to …

Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon

Articles

Mindfulness involves paying attention to present moment experience without discursive commentary or emotional reactivity. Mindfulness training (MT) programs aim to promote this mental mode via introduction to specific mindfulness exercises, related in-class discussion, and ongoing engagement in mindfulness exercises. MT is being increasingly offered to high-demand, high-stress military/uniformed and civilian cohorts with a wide array of reported benefits. Herein, we begin by discussing recent theoretical models regarding MT’s mechanisms of action from a cognitive training/cognitive neuroscience perspective, which propose that MT engages and strengthens three key processes [e.g., 1]. These are: 1) attentional orienting, which is the ability to select …

Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Editor In Chief Comment

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Discriminatory And Illegal Practices Administered In The United States' Discretion When Employing The National Security Exception To Claim Inadmissibility Of Syrian Refugees For Resettlement, Cynthia Gonzalez

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Political Extremism And Domestic Terrorism In America, Mark Potok

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Charging Crimes As "Terrorism", Jenna Mclaughlin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Combatting Narcoterrorism, Andrea Villa

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Does "Meaningful Human Control" Have Potential For The Regulation Of Autonomous Weapon Systems?, Kevin Neslage

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman, Tiffany-Ashley Disney

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Prefatory Matter & Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Prefatory Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era, Andy T. Wang

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani

University of Miami International and Comparative Law Review

No abstract provided.

International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca

University of Miami Inter-American Law Review

The military actions of an International Coalition and the role of its non-military contributing member States is yet another fundamental example of international practice concerning conflation between jus ad bellum and jus in bello. Although International Law proscribes the use of force in international relations, membership in an International Coalition engaged in military operations does not come without a cost. Non-military contributing member States may be regarded as co-belligerents or neutral States violating the laws of neutrality. This article argues that mere membership in a coalition does not amount to co-belligerency. Nevertheless, it claims that membership could entail a violation …

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

University of Miami Law Review

Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …

Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman

University of Miami Law Review

This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …

Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney

University of Miami National Security & Armed Conflict Law Review

Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.

This article explores the legal justifications for the …

Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia

University of Miami National Security & Armed Conflict Law Review

No abstract provided.