Military, War, and Peace Commons^™

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

    The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

    This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority to conduct the …

Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, William R. Clontz

Georgia Journal of International & Comparative Law

No abstract provided.

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.

Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell

Georgia Journal of International & Comparative Law

No abstract provided.

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.

Using Force Against The "Weapons Of The Weak": Examining A Chemical-Biological Weapons Usage Criterion For Unilateral Humanitarian Intervention Under The Responsibility To Protect, Andrew M. Bell

Cardozo Journal of International and Comparative Law

The civil war in Syria has demonstrated the international community's inability to act to protect civilians caught in mass atrocities during cases of U.N. Security Council deadlock, with permanent member vetoes presenting a significant legal obstacle to international humanitarian intervention.

The Responsibility to Protect (R2P) construct, created in response to the NATO intervention in Kosovo, was originally designed to overcome such Security Council paralysis by transforming the debate from the "right" of states to intervene to the "responsibility" of the entire international community to protect civilians as well as open the door to legitimate unilateral humanitarian intervention in cases of …

From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi

Cardozo Journal of International and Comparative Law

The article examines the effectiveness of transitional justice mechanisms in addressing human rights abuses, using Chile's experience under Augusto Pinochet as a model. It critiques the U.S. for failing to adopt similar approaches to accountability, particularly in addressing abuses at Guantanamo Bay and other detention centers. The analysis highlights the importance of combining truth commissions, criminal prosecutions, and reparations to achieve justice and promote democratic transition. It argues that the U.S. must align its domestic practices with the international human rights standards it promotes.

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa

Independent Study Project (ISP) Collection

The first use of the modern day attack drone by the United States was in Afghanistan in mid 2002, and for the past 11 years attack drones have been used by the United States in as many countries as Pakistan, Yemen and Somalia. When considering the alternatives to using drones, such as sending marines on the ground to complete a mission or flying a piloted jet over enemy territory to gather intelligence, as well as the military power that the use of these vehicles projects, the attack drone has become the weapon of choice in the war on terror for …

Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner

University of Richmond Law Review

No abstract provided.

Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni

Pepperdine Law Review

No abstract provided.

Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance

Pepperdine Law Review

No abstract provided.

The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio

Law Faculty Articles and Essays

After the terrorist attacks of September 11, 2001, the United States government began to use drones against al-Qaeda targets. According to several media reports, the United States developed two parallel drone programs: one operated by the military, and one operated in secrecy by the CIA. Under the Obama Administration, the latter program developed and- the number of drone attacks in countries such as Pakistan and Yemen has steadily increased. Because the drone program is operated covertly by the CIA, it has been impossible to determine the precise contours of the program, its legal and normative framework, and whether its operators …

The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting

Pepperdine Dispute Resolution Law Journal

On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …

Negotiating With Deity: Strategies And Influences Related To Recent North Korean Negotiating Behavior , Jesse D. Steele

Pepperdine Dispute Resolution Law Journal

As images of nuclear missiles flash across television screens and news reports containing indiscernible Asian writing warn of conflict on the other side of the world, this article addresses one of the single greatest threats to global stability-the North Korean Nuclear Weapons Crisis-and assesses the negotiation strategies that have brought the world to its current situation. By looking at the historical negotiation tactics that have been utilized by each of the parties involved, particularly in light of societal norms and cultural influences, one can ascertain a great deal of insight regarding each party's respective strategies and objectives. This insight gleaned …

Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh

Pepperdine Dispute Resolution Law Journal

In this paper, I will look at the sustainable impact that Alternative Dispute Resolution (ADR) programs are having in the third world by examining one such nation in particular, the country of Bangladesh. Due to its historical problems combating poverty and corruption, Bangladesh has uniquely devised alternative, extra judicial means of resolving conflict. I will begin by looking at the current state of affairs of the country's government and judicial systems. Next, I will examine the nation's distinctive dispute resolution mechanism, known as shalish, and then discuss the pivotal role non-governmental organizations (NGOs) are playing in adapting the traditional ADR …

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

Assassination Or Targeted Killings After 9/11, John Yoo

NYLS Law Review

No abstract provided.

The War On Terror: Where We Are And How We Got There, Michael B. Mukasey

NYLS Law Review

No abstract provided.

The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane

NYLS Law Review

No abstract provided.

Secrecy And Self-Governance, Geoffrey R. Stone

NYLS Law Review

No abstract provided.

Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell

NYLS Law Review

No abstract provided.

Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty

NYLS Law Review

No abstract provided.

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"