Military, War, and Peace Commons^™

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Abu Ghraib, Diane Marie Amann

Scholarly Works

This article posits a theoretical framework within which to analyze various aspects of post-September 11 detention policy - including the widespread prisoner abuse that has been documented in the leaks and official releases that began with publication of photos made at Iraq's Abu Ghraib prison. Examined are the actions of civilian executive officials charged with setting policy, of judicial officers who evaluated it, and military personnel who implemented it. Abuse has been attributed to failures of training or planning. The article concentrates on a different failure, the failure of law to keep lawlessness in check. On September 11, law's map …

Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson

University of Richmond Law Review

No abstract provided.

Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii

UIC Law Review

No abstract provided.

A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris

ExpressO

Attempts to outlaw political groups that are alleged to approve the use of violence, to limit the expression of views that challenge the core values of democratic nation-states, and to ban radical, separatist, or religious political parties are more widespread in recent years than at any other time since 1945. They gave rise in the last few years to litigation in Constitutional Courts and Supreme Courts in Spain, Germany, Turkey, France, Israel, and Latvia, as well as in the European courts.

The present article tells the story of the encounter in the years 1959-1965 between the Pan-Arab national movement El …

Enemies Foreign And Domestic: A Historical Look At The Use Of Military Commissions By The United States And The Case For Using Them Against American Citizens, James T. Barnett

ExpressO

An historical look at the use of Military Commissions by the United States of America. This article examines the constitutional powers to use Military Commissions as well as the limitations on such commissions.

It also examines the use of these commissions against American citizens and argues that they are proper in certain circumstances. The limitations set out by the Supreme Court are eroded to the point of being void.

The article goes on to examine the cases of John Walker Lindh and Yasser Hamdi to show that Military Commissions are the proper forum for such cases.

The Constitution In Crisis Times, Jack N. Rakove

Cardozo Public Law, Policy & Ethics Journal

The article examines the challenges the U.S. Constitution faces during crises, particularly in the context of the post-9/11 "War on Terror." It argues that terrorism represents a persistent condition rather than a traditional war, requiring a balanced approach to security and civil liberties. The author emphasizes the importance of constitutional checks on executive power and the role of Congress in ensuring civil liberties are protected during crises.

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson

ExpressO

A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …

Trends. Suicidal Terrorism And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses why an established death penalty for terrorists who would, by their own actions, suicide might be appropriate.

Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford

ExpressO

My article, Barbarians at the Gates: A Proposal to Rationalize the Laws of War.  The piece proposes that in the War on Terror a new approach to the laws of war is necessary to harmonize the functional purpose of the law of war with the nature of the threat presented by terrorism to civilization.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor

International Bulletin of Political Psychology

This article explores levels of United States Government (USG) complicity during the late 1970s in the murder of individuals alleged to have been left-wing opponents of South American, right-wing, authoritarian governments.

Trends. Spillover: Is United States Government Military Aid To Colombia All Wet?, Ibpp Editor

International Bulletin of Political Psychology

This article discusses spillover of conflicts in Colombia into surrounding countries as related to United States government military aid.

The Demonization Of Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.

Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt

Journal Publications

In recent years, African leaders have aggressively sought to strengthen their regional security structures while simultaneously attempting to democratise. Although they recognise that African regional organisations will need to assume a greater role in tackling Africa's security problems, the challenges posed by on-going democratisation efforts have had a visible impact on the effectiveness of some regional organisations. This article examines the challenges that democratisation poses to regional collective security arrangements in Africa, with specific reference to ECOWAS and SADC. It argues that whilst the inclination to democratise has influenced the establishment of new collective security structures, the superficial nature of …

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

Articles

The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi

UIC Law Review

No abstract provided.

Interest, Principle, And Beyond: American Understandings Of Conflict, Don Herzog

Book Chapters

To understand U.S. foreign policy, we need to understand the concepts and categories that Americans bring to bear. After all, we see the world through our concepts and categories. They identify what's possible, what's desirable, indeed what's visible in the first place. There is simply no possibility of junking all our concepts, stepping outside them, and gaining an unmediated grasp of the world. Here, I offer a sketch of American understandings of conflict. Understandings, not understanding: even in the realm of foreign policy, Americans have long brought intriguingly different categories to bear, categories whose richness isn't captured by some standard …

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …

Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock

UIC Law Review

No abstract provided.

Politics Across Borders: Nonintervention And Nonforcible Influence Over Domestic Affairs, Lori Fisler Damrosch

Faculty Scholarship

It is time for a fresh look at the norm of nonintervention in domestic affairs, as applied to nonforcible efforts to influence another state's internal politics. The existence of such a norm is widely proclaimed, and it is commonly assumed to be a legal obligation rather than a mere practice of comity or aspirational objective. For governments, scholars and international organs alike, the "rule" against interference in internal politics seems to be an article of faith; but despite the frequency of its incantation in international discourse, how the norm applies to nonforcible conduct is inadequately understood.

This article considers the …

K.C. Wu Collection, Zach S. Henderson Library Special Collections

Finding Aids

Collection primarily consists of personal and professional papers from K.C. Wu’s time at Armstrong State College, including his lecture and teaching notes, research materials, and drafts of books and articles—including The Chinese Heritage—as well as papers concerning his 1972-1975 lawsuits against the National Endowment for the Humanities ( 1972-1975), biographical information, and genealogical materials. The collection also features manuscripts by K.C. Wu’s father Jingming Wu from c. 1930-1963.

A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn

Articles

Professor Sax advocates that unconditional amnesty should be granted to Vietnam draft evaders and deserters, and he contends that the condition of alternative service imposed by President Ford, while superficially attractive to some, is unsupported by an acceptable rationale. While I harbor misgivings concerning the grant of any type of amnesty for Vietnam evaders and deserters, I have concluded that amnesty should be given provided that it is conditioned on the performance of some service such as that required by President Ford's program. Obviously, this places me squarely at issue with Professor Sax, and I will attempt to detail the …

Selective Conscientious Objection: Divine Will And Legislative Grace, Hugh Macgill

Faculty Articles and Papers

No abstract provided.