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Articles 1 - 13 of 13

Full-Text Articles in Law

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell Dec 2005

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.


We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton Dec 2005

We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton

New England Journal of Public Policy

Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …


The Dog In The Manger: The First Twenty-Five Years Of War On Iolta, Tarra L. Morris Mar 2005

The Dog In The Manger: The First Twenty-Five Years Of War On Iolta, Tarra L. Morris

Saint Louis University Law Journal

No abstract provided.


Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion Feb 2005

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …


War, Crisis, And The Constitution, Sotirios A. Barber, James E. Fleming Jan 2005

War, Crisis, And The Constitution, Sotirios A. Barber, James E. Fleming

Faculty Scholarship

Most recent discussion of the United States Constitution and war--both the war on terrorism and the war in Iraq--has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, …


Have Your Cake And Eat It Too: A Proposal For A Layered Approach To Regulating Private Military Companies, Deven R. Desai Jan 2005

Have Your Cake And Eat It Too: A Proposal For A Layered Approach To Regulating Private Military Companies, Deven R. Desai

University of San Francisco Law Review

No abstract provided.


A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah Jan 2005

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah

Cornell International Law Journal

Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …


Human Rights, Terrorism And International Law, David P. Stewart Jan 2005

Human Rights, Terrorism And International Law, David P. Stewart

Villanova Law Review

No abstract provided.


Disguising Empire: Racialized Masculinity And The Civilizing Of Iraq, Nancy Ehrenreich Jan 2005

Disguising Empire: Racialized Masculinity And The Civilizing Of Iraq, Nancy Ehrenreich

Cleveland State Law Review

I will argue here that the rhetoric used by the Bush administration (and the media) to sell U.S. military aggression to the American public has played upon the gender insecurities and racial biases of the population. To be more specific, it has reinforced a racialized national sense of masculinity by playing on the association of maleness with violent domination of people of color - domination seen as laudable because it is undertaken "for their own good." In so doing, it has also reinforced the message that the way for people of color in this country to become true "Americans" is …


The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin Jan 2005

The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin

All Faculty Scholarship

On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants." The cases arose from the "war on terrorism" that was launched after the attack on the United States on September 11, 2001. When each decision is looked at individually, the result seems to make sense and, given the outcome (affording detainees rights of judicial review), feels good. Yet when these decisions are looked at collectively, it is hard to believe that they were issued by …


When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell Jan 2005

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

Journal Articles

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …


Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek Jan 2005

Is Unilateral Humanitarian Intervention Compatible With The U.N. Charter?, Petr Valek

Michigan Journal of International Law

The main topic of this Note is the compatibility of unilateral humanitarian intervention with Article 2(4) of the U.N. Charter (the Charter). Through its interpretation, the author will attempt to discover whether the Grotian idea of unilateral humanitarian intervention can survive in the environment of contemporary international law without its "just war appendix." This Note will separate this idea from its "just war justification" and approach the question of the compatibility of such intervention with the Charter as a legal positivist. In the interpretation of Article 2(4) of the Charter, this Note will try to avoid moral principles. Instead, it …


Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson Jan 2005

Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson

Scholarly Works

In February 2003, the Herero People's Reparations Corporation filed a complaint against Germany in the District Court of the District of Columbia alleging violations of international law, crimes against humanity, genocide, slavery, and forced labor before, during, and after the German-Herero War (1904-07). The German government, modern scholars, and other commentators have long taken the position that genocides committed by colonial governments in the nineteenth century did not violate international law at that time. Arguments for this position rely, inter alia, on the belief that all forms of genocide were first criminalized and made punishable by the 1948 U.N. Convention …