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Military, War, and Peace Commons

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Duke Law

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Articles 61 - 90 of 113

Full-Text Articles in Military, War, and Peace

The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr. Jan 2009

The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr. Jan 2009

Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr. Jan 2008

Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris Jan 2008

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.


Lawfare Today: A Perspective, Charles J. Dunlap Jr. Jan 2008

Lawfare Today: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


A Military Salute, Paul D. Carrington Jan 2008

A Military Salute, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad Jan 2008

Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad

Faculty Scholarship

No abstract provided.


Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley Jan 2008

Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley

Faculty Scholarship

reviewing, Benjamin Wittes, Law and the Long War: The Future of Justice in the Age of Terror (2008)


Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre Jan 2008

Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre

Faculty Scholarship

No abstract provided.


The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley Jan 2007

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Guantanamo Three Step, Joseph Blocher Jan 2007

The Guantanamo Three Step, Joseph Blocher

Faculty Scholarship

No abstract provided.


Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr. Jan 2006

Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr. Jan 2006

Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr. Jan 2006

Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr. Jan 2006

Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher Jan 2006

Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher

Faculty Scholarship

This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.


The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett Jan 2006

The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett

Faculty Scholarship

No abstract provided.


The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr. Jan 2005

The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …


….With Helmet And Flak Vest: Practicing International Law In War Zones, Charles J. Dunlap Jr. Jan 2004

….With Helmet And Flak Vest: Practicing International Law In War Zones, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


On Military Commissions, Scott L. Silliman Jan 2004

On Military Commissions, Scott L. Silliman

Faculty Scholarship

With pretrial hearings for several detainees underway at Guantanamo Bay, and the prospect for full trials before military commissions1 starting either late this year or early in 2005, this little understood option for prosecuting terrorists has become the focus of intense debate within this country and abroad, even becoming an election year issue for the presidential contenders. Many have suggested that the military commission procedures should have grafted in more of the due process protections afforded in courts-martial under the Uniform Code of Military Justice, the criminal justice system created by Congress to govern the conduct of our own service …


It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr. Jan 2003

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky Jan 2003

Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap Jr. Jan 2002

Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron Jan 2002

Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron

Faculty Scholarship

No abstract provided.


Military Commissions And The War On Terrorism, Christopher H. Schroeder Jan 2002

Military Commissions And The War On Terrorism, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr. Jan 2001

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr. Jan 2001

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Special Operations Forces After Kosovo, Charles J. Dunlap Jr. Jan 2001

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr. Jan 2001

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.