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Articles 31 - 60 of 149
Full-Text Articles in Law
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Michigan Law Review
This Note argues that, should the President exercise his override authority to prohibit or restrict the donation of humanitarian articles during an armed conflict involving the United States, the resulting prohibition or restriction would cause the United States to violate its obligations under the Conventions. This Note does not assert that the United States should not have the ability to put in place controls to prevent terrorists from benefiting from donations of funds and other humanitarian items; instead, it asserts that domestic law must tread as lightly and narrowly as possible where a widely accepted multilateral treaty exists and that …
Military Commissions: Hamdan V. Rumsfeld: Testimony Before The S. Comm. On Armed Services, 109th Cong., July 19, 2006 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf
Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer
Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer
All Faculty Scholarship
To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Fixing Fisa For Long War: Regulating Warrantless Surveillance In The Age Of Terrorism, Adam Burton
Fixing Fisa For Long War: Regulating Warrantless Surveillance In The Age Of Terrorism, Adam Burton
The University of New Hampshire Law Review
[Excerpt] “The English poet W.H. Auden once claimed that “Peeping Toms are never praised, like novelists or bird watchers, for the keenness of their observations.” Perhaps Auden would have modified his maxim had he lived in the age of terrorism. A certain degree of government surveillance of even intimate communications is expected, encouraged, and indeed praised when the government’s efforts lead to the prevention of catastrophe. However, it is also expected that the government will minimize these intrusions, will conduct surveillance only on legitimate targets, and will follow the procedural safeguards that the representatives of the people have enacted in …
The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling
The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling
ExpressO
Private Military Companies (PMCs) are civilian staffed corporations that provide military (and law enforcement) services, logistics, and support under contract to a government both inside and outside the country’s borders. Prior to Congress passing the Military Extraterritorial Jurisdiction Act, U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas. This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian employees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.
The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan
The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan
San Diego International Law Journal
Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
BYU Law Review
No abstract provided.
Beware Of Boldness, Conrad C. Crane
Beware Of Boldness, Conrad C. Crane
The US Army War College Quarterly: Parameters
No abstract provided.
Provincializing Transitional Justice: Reading The International Criminal Tribunal For Rwanda Against The Grain, Jatin Dua
Archived Theses and Dissertations
No abstract provided.
The Case For Palestine: An International Law Perspective, Susan M. Akram
The Case For Palestine: An International Law Perspective, Susan M. Akram
Faculty Scholarship
A Book Review for: The Case for Palestine: An International Law Perspective by John Quigley
Taken from review:
John Quigley aptly calls it “the longest-standing conflict in the history of the United Nations”—the apparently intractable Middle East conflict that continues to foster violence and instability, not only in the region, but around the world. But Quigley’s revised and updated The Case for Palestine: An International Law Perspective, in clear language and persuasive legal argument, draws the conclusion that it is not unsolvable. Far from an intractable problem, Quigley argues, solving the Israel-Palestine conflict in a way that leads to a …
Shoot First, Ask Questions Later: Double-Tapping Under The Laws Of War, Stephen W. Simpson
Shoot First, Ask Questions Later: Double-Tapping Under The Laws Of War, Stephen W. Simpson
West Virginia Law Review
No abstract provided.
Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi
Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi
William & Mary Bill of Rights Journal
No abstract provided.
Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown
Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
The Unexplored Option: Jewish Settlements In A Palestinian State, David M. Phillips
The Unexplored Option: Jewish Settlements In A Palestinian State, David M. Phillips
ExpressO
The withdrawal of Israeli settlers and soldiers from the Gaza Strip, the recent Hamas victory in the Palestinian Authority elections, and the results of the Israeli elections in which the newly-formed Kadima Party received a plurality of the votes have all focused attention upon the fate of Israeli Jewish settlements on the West Bank. Most parties consider the continued existence of the settlements as precluding a peaceful resolution of the Israeli-Palestinian conflict and their establishment as having violated international law. The assumption that their presence precludes peace is premised primarily on the assumption that Israeli settlements will eventually mean Israeli …
Challenges And Changes To Military Law From The War On Terror, Roger Williams University School Of Law
Challenges And Changes To Military Law From The War On Terror, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Sentencing Disparity In Desertion And Absent Without Leave Trials: Advocating A Return Of “Uniform” To The Uniform Code Of Military Justice., Scott R. Sylkatis
Sentencing Disparity In Desertion And Absent Without Leave Trials: Advocating A Return Of “Uniform” To The Uniform Code Of Military Justice., Scott R. Sylkatis
ExpressO
No abstract provided.
Preventing International Terrorism: Can Multinational Corporations Offer A Fresh New Perspective?, Jocelyne Kokaz-Muslu
Preventing International Terrorism: Can Multinational Corporations Offer A Fresh New Perspective?, Jocelyne Kokaz-Muslu
ExpressO
Multinational corporations (“MNC”s) while investing in new ventures all over the world, have managed a variety of risk factors such as developing country risk, language risk, cultural risk, currency risk, and political risk including terrorism. The risk management strategies that have worked for MNCs would be beneficial and effective for states around the world, as well as the United States of America (“USA”), to win the war against terrorism. Furthermore, the USA has a unique position in the world, where it has accumulated dormant knowledge regarding fighting terrorism in light of its ownership of the most respected, most profitable and …
Fear Of A Blackened Planet: Pressured By The War On Terror, Courts Ignore The Erosion Of The Attorney-Client Privilege And Effective Assistance Of Counsel In 28 C.F.R § 501.3(D) Cases, Chris Ford
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney
Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney
University of Richmond Law Review
No abstract provided.
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
ExpressO
This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.
Deconstructing Truth: A Review Of Carol Burke's Book "Camp All-American, Hanoi Jane, And The High-And-Tight: Gender, Folklore, And Changing Military Culture", Charles H. Rose Iii
Deconstructing Truth: A Review Of Carol Burke's Book "Camp All-American, Hanoi Jane, And The High-And-Tight: Gender, Folklore, And Changing Military Culture", Charles H. Rose Iii
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Response To Professor Rose's "Deconstructing Truth", Carol Burke
A Response To Professor Rose's "Deconstructing Truth", Carol Burke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna
Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna
Human Rights & Human Welfare
A review of:
The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.
The Quiet Revolution: Repeal Of The Exclusionary Statutes In Combat Aviation - What We Have Learned From A Decade Of Integration, Alice W.W. Parham
The Quiet Revolution: Repeal Of The Exclusionary Statutes In Combat Aviation - What We Have Learned From A Decade Of Integration, Alice W.W. Parham
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal
Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56
The Last Civilian Court—Martial And Its Aftermath, Roger J. Miner '56
Military Law
Judge Miner here describes his defense of a person he believes to be
the last civilian tried by court martial. The trial was conducted in
Korea in 1958 during Judge Miner's service as an officer in the
Judge Advocate General's Corps of the United States Army.
Although a challenge to the jurisdiction of the court martial was
rejected and the civilian defendant convicted of violating a currency
regulation, the conviction was set aside for another reason urged at
trial-the inadvertent repeal of the at-issue regulation. The Article
also includes a review of legal developments that occurred in the
aftermath of …
Questioning Quirin, Carl W. Tobias
Questioning Quirin, Carl W. Tobias
Law Faculty Publications
Louis Fisher's new work, Nazi Saboteurs on Trial: A Military Tribunal and American Law3 (Nazi Saboteurs), and his valuable contribution to illuminating Ex parte Quirin merit scrutiny. In this Review, I first descriptively assess Nazi Saboteurs. The Review then treats the monograph's numerous beneficial features and ascertains that it enhances understanding of the important decision in Quirin. I conclude with several recommendations for future analysis of Quirin's impact.