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Articles 1 - 30 of 88
Full-Text Articles in Law
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.
The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua
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
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
Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin
BYU Law Review
No abstract provided.
The Future Of Apologies, Aaron Lazare
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
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.
The Statutory Commander In Chief, Neil Kinkopf
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
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
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
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
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
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.
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
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.
The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi
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
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.
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 …
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.
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 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.
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.
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.
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.
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.