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Articles 481 - 510 of 741
Full-Text Articles in Military, War, and Peace
The Constitution And National Security, Erwin Chemerinsky
The Constitution And National Security, Erwin Chemerinsky
Touro Law Review
No abstract provided.
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
An Analysis Of Selective Service System V. Minnesota Public Interest Research Group, Teresa L. Howell
Pepperdine Law Review
Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of Title IV educational funds by students who do not comply with draft registration requirements. In Selective Service System v. Minnesota Public Interest Research Group, the United States Supreme Court upheld section 1113 in the face of a multi-tiered constitutional challenge. After exploring the history of section 1113, the author examines the Supreme Court's analysis of each of the constitutional challenges: bill of attainder, privilege against self-incrimination, and equal protection. Finally, the author investigates the probable impact of the Court's decision.
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Intramilitary Tort Immunity: A Constitutional Justification , Kevin M. Fillo
Pepperdine Law Review
No abstract provided.
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
UIC Law Review
No abstract provided.
The Mercenary Gap: How To Protect The Constitutional Rights Of American Contractors In The Age Of The Private Military Firm, 46 J. Marshall L. Rev. 1121 (2013), John Sviokla
UIC Law Review
No abstract provided.
The Secret "Kill List" And The President, Kenneth Anderson
The Secret "Kill List" And The President, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Gideon At Guantánamo, Neal K. Katyal
Gideon At Guantánamo, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
The right to counsel maintains an uneasy relationship with the demands of trials for war crimes. Drawing on the author’s personal experiences from defending a Guantánamo detainee, the Author explains how Gideon set a baseline for the right to counsel at Guantánamo. Whether constitutionally required or not, Gideon ultimately framed the way defense lawyers represented their clients. Against the expectations of political and military leaders, both civilian and military lawyers vigorously challenged the legality of the military trial system. At the same time, tensions arose because lawyers devoted to a particular cause (such as attacking the Guantánamo trial system) were …
State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie
State Treason: The History And Validity Of Treason Against Individual States, J. Taylor Mcconkie
Kentucky Law Journal
No abstract provided.
Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies
Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock
Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock
Articles
No abstract provided.
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Touro Law Review
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall
UIC Law Review
No abstract provided.
Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales
Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales
Scholarly Works
By examining another dark chapter in American history-the internment of Japanese Americans during World War II-this Article makes a moral and legal case for a more complete resolution of harms to victims of anti-gay military discrimination. The successful reparations campaign waged by Japanese Americans who were interned during World War II has provided both inspiration and a helpful blueprint for reparation movements worldwide. This article seeks to show that by observing the parallels between these two dark periods, it is clear that DADT's historical chapter cannot be closed until reparations are paid to those who were victimized by the policies …
The Constitutional Bond In Military Professionalism: A Reply To Professor Deborah N. Pearlstein, Diane H. Mazur
The Constitutional Bond In Military Professionalism: A Reply To Professor Deborah N. Pearlstein, Diane H. Mazur
UF Law Faculty Publications
The Soldier, the State, and the Separation of Powers is important and very persuasive. (In this Response, I will call it Separation of Powers to distinguish it clearly from The Soldier and the State,7 the classic work on civil–military relations referenced in the title.) Professor Pearlstein asks the right questions and reaches the right conclusions—no small task when law professors have typically deferred to expertise in other fields, if not avoided the subject entirely.8 What do we mean by civilian control of the military? Where is the line between a military that offers its professional expertise to civilian decision makers …
Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav
Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
NYLS Law Review
No abstract provided.
"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen
"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen
Articles by Maurer Faculty
After 9/11, Justice John Paul Stevens insisted the United States maintain its foundational commitment to the rule of law—the very “essence of a free society.” Justice Stevens led the Court’s scrutiny and rejection of early Bush Administration policies regarding the detention and prosecution of suspected terrorists. Since it lost Justice Stevens’s passionate and principled voice in 2008, the Court has not addressed the scope of the President’s military detention authority. This Article considers Justice Stevens’s role in the Court’s altered stance, and also a complementary explanation: the Obama Administration’s improved interpretation and exercise of executive authority. Informed and inspired by …
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship
No abstract provided.
Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava
Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava
UIC Law Review
No abstract provided.
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.
A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.
Journal Publications
This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …
Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway
Limited War And The Constitution: Iraq And The Crisis Of Presidential Legality, Bruce Ackerman, Oona Hathaway
Michigan Law Review
We live in an age of limited war. Yet the legal structure for authorizing and overseeing war has failed to address this modern reality. Nowhere is this failure more clear than in the recent U.S. conflict in Iraq. Congress self-consciously restricted the war's aims to narrow purposes-expressly authorizing a limited war. But the Bush Administration evaded these constitutional limits and transformed a well-defined and limited war into an open-ended conflict operating beyond constitutional boundaries. President Obama has thus far failed to repudiate these acts of presidential unilateralism. If he continues on this course, he will consolidate the precedents set by …
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
Cardozo Journal of Conflict Resolution
This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …
Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams
Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …
Biodefense And Constitutional Constraints, Laura K. Donohue
Biodefense And Constitutional Constraints, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The United States and United Kingdom have different approaches to quarantine law that reflect each country’s unique historical context and constitutional structure. Under the Tudors, England vested quarantine authority in the monarch, with its subsequent exercise conducted by the military. As the constitutional structure changed, the manner in which quarantine was given effect subtly shifted, leading to constitutional reforms. Authorities transferred first to the Privy Council and, subsequently, to Parliament, where commercial interests successfully lobbied them out of existence. By the end of the 19th Century, quarantine authorities had been pushed down to the local port authorities. In the United …
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Legislation and Policy Brief
To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …