Law Commons^™

Differences Without Distinctions: Boyle's Government Contractor Defense Fails To Recognize The Critical Differences Between Civilian And Military Plaintiffs And Between Military And Non-Military Procurement, John L. Watts

Oklahoma Law Review

No abstract provided.

Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen

Faculty Scholarship

International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must …

Essay: Special Operations Forces And War Crimes By Guerillas, Gregory R. Bart

ExpressO

No abstract provided.

The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua

Buffalo Law Review

On October 15, 2005 an Iraq ravaged by a civil war spawned by the 2003 American invasion and subsequent occupation voted to decide the fate of a permanent constitution for the country. Although many Sunni Arabs took part in the vote, the referendum lost in the three governorates where they form a majority. But the constitution was approved because opponents only succeeded in recording "no" votes larger than two-thirds in only two of Iraq's eighteen provinces, in effect one province short of a veto. A two-thirds rejection in three provinces would have doomed the charter and the transition to a …

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …

Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin

BYU Law Review

No abstract provided.

After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn

Articles in Law Reviews & Other Academic Journals

In 2005, I was the first member of the U.S. Army Judge Advocate General's Corps (JAG Corps) to attend a foreign command and general staff college (CGSC). This article provides a summary of my attendance at the Brazilian Army's Command and General Staff College-Escola de Comando e Estado Maior do Extrcito (ECEME). Through a unique series of events, I was selected and attended the Brazilian Army's ECEME, a ten-month CGSC equivalent, where I studied brigade and division-level operations through the lens of a foreign military. This rare opportunity not only afforded me a unique and valuable professional development experience, it …

What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson

Popular Media

The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

The Future Of Apologies, Aaron Lazare

New England Journal of Public Policy

Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.

Searching For The Fourth Amendment: In A Post-September 11th World, Does The Rationale Of The Fourth Circuit In United States V. Jenkins Reduce The Fourth Amendment Protections Of Individuals On Military Installations?, Ryan Leary

Campbell Law Review

This comment will begin by discussing how the Fourth Circuit's rationale in United States v. Jenkins could be interpreted as an exception to the Fourth Amendment's warrant and probable cause requirements on closed military installations. Next, this comment will establish the legal definition of a closed military base to determine the potential impact of any interpretation of the Fourth Circuit's decision in Jenkins. Then, this comment will analyze how Jenkins could be interpreted in both broad and narrow ways and why the narrower reading of the Jenkins opinion should be followed. This comment will then consider how other circuits have …

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Law And Terror, Kenneth Anderson

Popular Media

This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

The War Powers Outside The Courts, William Michael Treanor

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Gabriel H. Teninbaum On The Witnesses: War Crimes And The Promise Of Justice In The Hague By Eric Stover. Philadelphia: University Of Pennsylvania Press, 2005. 230 Pp., Gabriel H. Teninbaum Esq.

Human Rights & Human Welfare

A review of:

The Witnesses: War Crimes and the Promise of Justice in The Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 230 pp.

Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Law And Terror, Kenneth Anderson

Kenneth Anderson

Doomed Internationalist, Kenneth Anderson

Popular Media

Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …

Doomed Internationalist, Kenneth Anderson

Kenneth Anderson

Defense Of Superior Orders In International Criminal Law As Portrayed In Three Trials: Eichmann, Calley And England, Natalia M. Restivo

Cornell Law School J.D. Student Research Papers

The paper is dedicated to the defense of superior orders in international law. The author discusses attempts to use this defense in three trials, - Adolf Eichmann's, William Calley's and Lynndie England's. The paper juxtaposes the trials and provides conclusions on the success of this defense in each case.

The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi

Buffalo Public Interest Law Journal

No abstract provided.

Redefining Torture In The Age Of Terrorism: An Argument Against The Dilution Of Human Rights, Miri Lim

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Why The Court Said No, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

American Military Justice And International Criminal Court Complementarity: The Case Of Ucmj Article 60, Allen J. Dickerson

ExpressO

Although the American military is effectively one of the most potent of international institutions, discussions of its regulation have been oddly domestic. The court-martial – the single most important institution for disciplining military forces, preventing atrocities and punishing offenders – has seen its jurisdiction and procedures hotly debated, but most often by those in uniform or individuals interested in domestic military policy. This paper aims to internationalize the discussion, recognizing that the discipline of American military forces is of major concern to both international law and U.S. foreign policy. By exploring the interaction between a major innovation in international law …

Semper Disqualified: The Incongruity Between Federal And State Suffrage Protections For Certain Military Voters Seeking To Vote In State And Local Elections, And A Possible Legislative Remedy, Alexandra R. Harrington

ExpressO

It is axiomatic that members of the United States military forces at all levels and throughout the course of the nation’s history have fought for the essential freedoms which underlie the constitution – key among them the suffrage right. Over the course of its history, the suffrage right has seen controversy and change, which mirrored the social and political issues and changed realities of the country. As the right to vote has been extended to encompass more citizens, so too has the ability to serve one’s country as part of the military. In recognition of the importance of the right …