Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Social and Behavioral Sciences

2013

Brigham Young University Law School

Articles 1 - 4 of 4

Full-Text Articles in Law

Guantanamo And The End Of Hostilities, Eric Talbot Jensen Dec 2013

Guantanamo And The End Of Hostilities, Eric Talbot Jensen

Faculty Scholarship

Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …


Lock In: Loved Ones And Lawyers, Robert M. Daines Feb 2013

Lock In: Loved Ones And Lawyers, Robert M. Daines

Vol. 3: Religious Conviction

This convocation address was given at Stanford Law School on June 16, 2012.


Ambiguity In Law And In Life, Bruce C. Hafen Feb 2013

Ambiguity In Law And In Life, Bruce C. Hafen

Vol. 3: Religious Conviction

This address was given at BYU Law School on October 21, 2010. Adapted from The Broken Heart: Applying the Atonement to Life’s Experiences, expanded edition (2008), 211–226.


Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones Jan 2013

Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones

Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …