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Articles 31 - 51 of 51
Full-Text Articles in Military, War, and Peace
Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford
Pace Law Review
No abstract provided.
Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto
Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto
Pace Law Review
No abstract provided.
International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre
International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre
Pace Law Review
No abstract provided.
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Pace Law Review
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
Pace Law Review
No abstract provided.
How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors
How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors
Pace Law Review
No abstract provided.
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne
Pace Law Review
No abstract provided.
"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power
"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power
Pace Law Review
No abstract provided.
The Founders, Executive Power, And Military Intervention, Christopher A. Preble
The Founders, Executive Power, And Military Intervention, Christopher A. Preble
Pace Law Review
No abstract provided.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects. The discussion featured comments by five lawyers with significant academic and practical experience in the field: Richard Zabel, a litigation partner at Akin Gump Strauss Hauer & Feld LLP, a former Assistant U.S. Attorney and co-author of In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts; Glenn L. Sulmasy, an Associate Professor of Law at the United States Coast Guard Academy and author of the forthcoming book, The National …
The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman
The "War On Terror" Is Over--Now What? Restoring The Four Freedoms As A Foundation For Peace And Security, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
This article observes that the "Global War on Terror" as an organizing concept has been abandoned and proposes that the Obama Administration restore FDR's Four Freedoms in its place.
Iraq As A Psychological Quagmire: The Implications Of Using Post-Traumatic Stress Disorder As A Defense For Iraq War Veterans, Erin M. Gover
Iraq As A Psychological Quagmire: The Implications Of Using Post-Traumatic Stress Disorder As A Defense For Iraq War Veterans, Erin M. Gover
Pace Law Review
No abstract provided.
The Brac Act, The State Militia Charade, And The Disregard Of Original Intent, Nathan Zezula
The Brac Act, The State Militia Charade, And The Disregard Of Original Intent, Nathan Zezula
Pace Law Review
No abstract provided.
The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman
The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …
"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein
"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …
The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman
The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Putting Naval Before History, Mark R. Shulman
Putting Naval Before History, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Challenges Against Jurors In Courts-Martial, Karl R. Rábago
Challenges Against Jurors In Courts-Martial, Karl R. Rábago
Elisabeth Haub School of Law Faculty Publications
This Note will summarize the provisions of the Uniform Code of Military Justice and the Manual for Courts-Martial as well as the decisions of the military appellate courts in order to assist counsel in preparing for the conduct of voir dire and the challenge procedure. The Note will also discuss pre-trial preparation for the voir dire. The goals are to help the military attorney make better use of his client's right to challenge members of the court; and to give the civilian attorney a better understanding of the challenge process in courts-martial so that he will be more inclined to …
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …
Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein
Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This Comment will explore the salient issues raised by Laird v. Tatum and will attempt to answer the following questions: Did the Supreme Court err in denying the political activists an opportunity to present witnesses at a District Court hearing and in deciding the issues on the original papers and appellate brief? Was the Military Intelligence (hereinafter MI) program complained of an impermissible abridgment of First Amendment rights? Did Justice Rehnquist behave improperly by participating in the Laird v. Tatum decision? Last, to what extent has the Supreme Court's decision in this case affected future adjudication of First Amendment class …