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Articles 1 - 30 of 65
Full-Text Articles in Law
Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song
Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song
University of Michigan Journal of Law Reform
Professor Blanck and Dr. Song provide a detailed examination of the pension disability program established after the Civil War for Union Army Veterans. They use many original sources and perform several statistical analyses as the basis for their summary. They draw parallels between this disability program and the ADA, and they point out that current ADA plaintiffs encounter many of the same social, political and even scientific issues that Union Army veterans dealt with when applying for their disability pensions. The Article demonstrates that history can help predict the trends within, and evolution of the ADA--essentially leading to a better …
Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson
Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …
Anti-Ballistic Missile Defense As Obsession: A Psychological Hypothesis, Ibpp Editor
Anti-Ballistic Missile Defense As Obsession: A Psychological Hypothesis, Ibpp Editor
International Bulletin of Political Psychology
This article presents a psychological rationale for extremely strong support of an anti-ballistic missile defense.
Commentary On Psychological Warfare In The 21st Century, Ibpp Editor
Commentary On Psychological Warfare In The 21st Century, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on 21st century challenges--threats and opportunities--to the practice of psychological warfare.
Biological Warfare: Commentary On Chyba's Analysis, Ibpp Editor
Biological Warfare: Commentary On Chyba's Analysis, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on Christopher Chyba's comparative analysis of biological and nuclear warfare.
Magic Treaties: Public Discourse On Ballistic Missile Defense, Ibpp Editor
Magic Treaties: Public Discourse On Ballistic Missile Defense, Ibpp Editor
International Bulletin of Political Psychology
This article explores public discourse on the fate of the 1972 Anti-Ballistic Missile (ABM) Treaty in the context of developing ballistic missile defenses.
Weapons As Weapons: Another Northern Ireland Impasse, Ibpp Editor
Weapons As Weapons: Another Northern Ireland Impasse, Ibpp Editor
International Bulletin of Political Psychology
This article explores the psychology of weapons possession in the context of political conflict in Northern Ireland.
Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach
Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach
Faculty Scholarship
This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will …
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part Ii, Ibpp Editor
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part Ii, Ibpp Editor
International Bulletin of Political Psychology
This article comes in two parts - the article and the notes.
Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.
Part II: Notes and bibliography for Part …
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part I, Ibpp Editor
Revisiting The United States Hostage Negotiation Policy: An Academic Imperative. Part I, Ibpp Editor
International Bulletin of Political Psychology
This article comes in two parts - the article and the notes.
Article abstract: To get hostages released without harm requires a national policy committed to that principle. With that in mind, there needs to be an understanding of the perpetrators' "objective view" of reality. These views have political, economic, psychological, cultural, ethno-religious and perceptual dimensions. Those multivariate dimensions of any hostage situation mandate policies that should be based on law enforcement and military perspectives, in order to be flexible enough to permit their consideration and continuously evaluate their national and international implications.
Part II: Notes and bibliography for Part …
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
The Journal of Appellate Practice and Process
Many cases regarding veterans' benefits are heard in the Federal Circuit. The Federal Circuit has a practice of issuing one sentence orders in some cases. This practice benefits veterans by allowing decisions adverse to veterans to be made without creating precedential value. Removing the practice of unpublished opinions in the Federal Circuit would extinguish this benefit.
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
Faculty Publications
No abstract provided.
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the nuances surrounding the use of the death penalty in terrorism cases.
Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor
Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor
International Bulletin of Political Psychology
This article explores levels of United States Government (USG) complicity during the late 1970s in the murder of individuals alleged to have been left-wing opponents of South American, right-wing, authoritarian governments.
Impact Evaluation Of The WarTorn Societies Project: Somaliland, Mary H. Schwoebel
Impact Evaluation Of The WarTorn Societies Project: Somaliland, Mary H. Schwoebel
Conflict Resolution Studies Faculty Articles
In 1991, four months after the collapse of the government of the Somali Democratic Republic, and the flight of its President, Mohamed Siyad Barre, the Republic of Somaliland was declared an independent state. The past decade has witnessed the struggle of the young state to resolve violent internal conflicts, to build sustainable peace among the different groups that constitute its population, to build a state that will sustain peace, and to rebuild an economy that will sustain the population. At the turn of the century, it has remarkably make significant progress towards accomplishing the first two aims, and is now …
The Evolution Of International Humanitarian Law, Valerie Oosterveld, Darryl Robinson
The Evolution Of International Humanitarian Law, Valerie Oosterveld, Darryl Robinson
Law Publications
Written by diplomatic practitioners, Human Security and the New Diplomacy is a straightforward account of challenges already overcome and the prospect for further progress. From the evolution of peace-keeping, to peacebuilding, humanitarian intervention, war-affected children, international humanitarian law, the International Criminal Court, the economic agendas of conflict, transnational crime, and the emergence of connectivity and a global civil society, the authors offer new insights into the importance of considering these issues as part of a single agenda. Human Security and the New Diplomacy is a case-study of a major Canadian foreign policy initiative and a detailed account of the first …
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Vanderbilt Journal of Transnational Law
In December 2000 the European Council Summit in Nice fulfilled the promise for European Union enlargement made at the Helsinki Summit the year before. The leaders of the EU Member States reaffirmed their commitment to the accession of the applicant countries, making possible the broad re-unification of the continent under democratic rule of law and free market economies. This Article focuses specifically on the accession of the island of Cyprus, Europe's remaining divided state, poised strategically between East and West. The island's armed stand-off presents the clearest example of legal conflict between two ethnic communities in a discrete geographical territory, …
The Seattle Art Museum: A Good Faith Donee Injured In The Restoration Of Art Stolen During World War Ii, 34 J. Marshall L. Rev. 613 (2001), Courtney S. Perkins
The Seattle Art Museum: A Good Faith Donee Injured In The Restoration Of Art Stolen During World War Ii, 34 J. Marshall L. Rev. 613 (2001), Courtney S. Perkins
UIC Law Review
No abstract provided.
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
Michigan Journal of International Law
The study of post-conflict Kosovo presents an important opportunity to distill lessons that can provide guidance for future post-conflict, transitional administrations. The lessons-learned from an analysis of any post-conflict setting are many and varied. The goal of this short paper is limited to the identification of key lessons-learned in the effort to reestablish the judiciary and rule of law in post-conflict Kosovo. Even within this limited setting, this paper is not intended to provide exhaustive coverage of the issue. Rather, it is intended to provide the reader with basic information and central themes that are essential to a discussion of …
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
Michigan Journal of International Law
On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
Scholarly Articles
In this brief comment, I want to argue, without making any definite judgments about the current situation, that our understanding of the just war should pay attention to the questions of legitimate authority and right intention for use of force. To do this, we should take into account the procedural values of modern constitutional democracy and transnational governance. We should also consider the intentions established through the political processes legitimating those war aims as the relevant intentions for assessing whether the use of force comports with the moral criteria of the just war. Indeed, if the just war's aims are …
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
Scholarly Articles
This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Women At War: An Evolutionary Perspective, Kingsley R. Browne
Women At War: An Evolutionary Perspective, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Terrified Terrorists, Roger J. Miner '56
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
Cleveland State Law Review
Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
The World After Terrorism, 35 J. Marshall L. Rev. 91 (2001), Petr Pithart
UIC Law Review
No abstract provided.
Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman
Recent Developments In Internation Law: Anti-Terrorism Legislation -- Part One: An Overview, Joshua D. Zelman
Florida State University Journal of Transnational Law & Policy
No abstract provided.