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War

2008

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Articles 1 - 15 of 15

Full-Text Articles in Law

October 2, 2008: Religulous--Are People Killing Each Other Over Religon?, Bruce Ledewitz Oct 2008

October 2, 2008: Religulous--Are People Killing Each Other Over Religon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religulous--Are People Killing Each Other Over Religon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 19, 2008: Who Lost Ukraine?, Bruce Ledewitz Sep 2008

September 19, 2008: Who Lost Ukraine?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Who Lost Ukraine?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 7, 2008: Victory In Iraq, Bruce Ledewitz Sep 2008

September 7, 2008: Victory In Iraq, Bruce Ledewitz

Hallowed Secularism

Blog post, “Victory in Iraq“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn Jul 2008

A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn

South Carolina Law Review

No abstract provided.


Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit Feb 2008

Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit

William & Mary Environmental Law and Policy Review

No abstract provided.


If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt Jan 2008

If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt

Faculty Working Papers

This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability of …


The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy Jan 2008

The Private Military Company—Unravelling The Theoretical, Legal & Regulatory Mosaic, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

As an undeclared arm of the state, the PMC is politically expedient having proved to be highly advantageous in certain circumstances when states wish to engage in surreptitious or unpopular violence, yet easy to condemn when states need to gather political capital. In other words, the PMC has become an integral actor in the system of governance at both national and international levels. Such corporations, at least at one level, represent the evolution, globalization, and corporatization of the age-old mercenary trade. The worry, of course, is that they operate without the public scrutiny appropriate for military actors. Indeed, the matter …


Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai Jan 2008

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai

Articles in Law Reviews & Other Academic Journals

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …


Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai Jan 2008

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai

Faculty Scholarship

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …


Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez Jan 2008

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson Jan 2008

The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …


Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell Jan 2008

Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell

Journal Articles

The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.

The article also tells how in each …


Disability, Eugenics, And The Culture Wars, Paul A. Lombardo Jan 2008

Disability, Eugenics, And The Culture Wars, Paul A. Lombardo

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Dirty War Index: A Public Health And Human Rights Tool For Examining And Monitoring Armed Conflict Outcomes., M Hicks, M Spagat Dec 2007

The Dirty War Index: A Public Health And Human Rights Tool For Examining And Monitoring Armed Conflict Outcomes., M Hicks, M Spagat

Madelyn Hsiao-Rei Hicks

War, a major public health problem, is a situation where the interests of public health, human rights, and humanitarian law intersect.

The DWI is a data-driven public health tool that identifies rates of particularly undesirable or prohibited, i.e., “dirty,” outcomes inflicted on populations during war (e.g., civilian death, child injury, or torture).

A DWI is calculated as: (Number of “dirty,” i.e., undesirable or prohibited cases/Total number of cases) × 100.

DWIs are designed for direct, easy translation of war's public health outcomes into the human rights, policy, and interdisciplinary work needed to address war's practice.

DWIs support monitoring, deterrence, and …


The Changing Role Of The State In The British Economy Between 1914 And 1921, Javier Agudo Dec 2007

The Changing Role Of The State In The British Economy Between 1914 And 1921, Javier Agudo

Javier Agudo

The First World War represented the first high profile war that took place after the developed world had experienced the Industrial Revolution, and the international economic relations between countries had never been so strong. Based principally in the work by R. H. Tawney "The abolition of economic controls, 1918-1921" (Tawney; 1943), I am going to try to explain in this essay the role of the state during the conflict and how the Government reacted to the different problems that aroused in this period.