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Articles 1 - 30 of 290
Full-Text Articles in Law
Future War, Future Law, Eric Talbot Jensen
Future War, Future Law, Eric Talbot Jensen
Faculty Scholarship
Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
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 …
Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia
Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia
Ahmed E SOUAIAIA
The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.
In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …
Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero
Testimony Before Congress
My views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today.
Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers
Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers
The US Army War College Quarterly: Parameters
No abstract provided.
Commentaries And Replies, Usawc Press
Commentaries And Replies, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, Kim D. Chanbonpin
“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, Kim D. Chanbonpin
UC Irvine Law Review
No abstract provided.
Economic Statecraft: China In Africa, Douglas W. Winton
Economic Statecraft: China In Africa, Douglas W. Winton
The US Army War College Quarterly: Parameters
No abstract provided.
Rebalancing Us Military Power, Anna Simons
Rebalancing Us Military Power, Anna Simons
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
A War Examined: Operation Iraqi Freedom, 2003, Usawc Press
A War Examined: Operation Iraqi Freedom, 2003, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The True Tragedy Of American Power, Isaiah Wilson Iii
The True Tragedy Of American Power, Isaiah Wilson Iii
The US Army War College Quarterly: Parameters
No abstract provided.
The Coming Financial Wars, Juan C. Zarate
The Coming Financial Wars, Juan C. Zarate
The US Army War College Quarterly: Parameters
No abstract provided.
Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark
Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark
The US Army War College Quarterly: Parameters
No abstract provided.
Artile Index, Vol. 43, 2013, Usawc Press
Artile Index, Vol. 43, 2013, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
What The Qdr Ought To Say About Landpower, Francis G. Hoffman
What The Qdr Ought To Say About Landpower, Francis G. Hoffman
The US Army War College Quarterly: Parameters
No abstract provided.
Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode
Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode
The US Army War College Quarterly: Parameters
No abstract provided.
Defeating Violent Nonstate Actors, Robert J. Bunker
Defeating Violent Nonstate Actors, Robert J. Bunker
The US Army War College Quarterly: Parameters
No abstract provided.
Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous
Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous
The US Army War College Quarterly: Parameters
No abstract provided.
Waging Financial War, David J. Katz
Waging Financial War, David J. Katz
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The First Circuit And The First Amendment, Peter Margulies
The First Circuit And The First Amendment, Peter Margulies
Law Faculty Scholarship
No abstract provided.
On Clandestine Warfare, Robert E. Rodes
On Clandestine Warfare, Robert E. Rodes
Robert Rodes
Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …
To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell
To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
Mary Ellen O'Connell
The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Banning Autonomous Killing, Mary O'Connell
Banning Autonomous Killing, Mary O'Connell
Mary Ellen O'Connell
Scientific research on fully autonomous weapons systems is moving rapidly. At the current pace of discovery, such fully autonomous systems will be available to military arsenals within a few decades, if not a few years. These systems operate through computer programs that will both select and attack a target without human involvement after the program is activated. Looking to the law governing resort to military force, to relevant ethical considerations, as well as the practical experience of ten years of killing using unmanned systems (drones), the time is ripe to discuss a major multilateral treaty banning fully autonomous killing. Current …
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.