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Articles 31 - 60 of 118
Full-Text Articles in Military, War, and Peace
Vets Just Want Fair Benefits, Patricia E. Roberts
Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts
Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts
Faculty Publications
No abstract provided.
Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello
Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello
William & Mary Law Review
No abstract provided.
The Aba Got It Right: Veterans Need Our Help, Patricia E. Roberts
The Aba Got It Right: Veterans Need Our Help, Patricia E. Roberts
Popular Media
No abstract provided.
Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke
Cry Havoc: Are Incompetent Private Military Companies Ruining The Defense Base Act?, William Burke
William & Mary Business Law Review
The Defense Base Act (“DBA” or “Act”) provides a no-fault, insurancebacked workers’ compensation mechanism for compensating private security contractors who are injured overseas. Critics of the Act allege that it should be fundamentally altered or replaced because combat zone work is uninsurable, the Act’s compensation is insufficient, and it is less efficient than the alternatives. This Note argues that, on the contrary, the DBA insurance market is functional and improving, its benefits are sufficient when viewed in combination with contractors’ other compensation, and it is a far more efficient compensation system than is offered by tort litigation. The flaws cited …
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
Faculty Publications
No abstract provided.
National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic
National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic
Lewis B. Puller, Jr. Veterans Benefits Clinic
No abstract provided.
From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts
From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts
Faculty Publications
Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6%of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school clinics across the country …
In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner
In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner
Faculty Publications
No abstract provided.
A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken
A Woman Soldier's Right To Combat: Equal Protection In The Military, Tim Bakken
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer
Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke
Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert
William & Mary Environmental Law and Policy Review
No abstract provided.
The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic
The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic
Lewis B. Puller, Jr. Veterans Benefits Clinic
No abstract provided.
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Faculty Publications
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
Faculty Publications
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn
Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn
William & Mary Journal of Race, Gender, and Social Justice
This article commences with a discussion of transitional constitutional
design and the ways in which the branches of government
relate to one another, focusing on the consequences of these structures
for women. We are convinced that an analysis of the rights-bearing
portions of a constitution alone is insufficient to fully capture the way
in which power is structured and experienced. Consistent with other
scholars, we start from the view that “constitutions are derived from
a social contract between the constituents who will be governed and
the political actors who will govern; they explain how the society
and government will operate …
Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg
Open Service And Our Allies: A Report On The Inclusion Of Openly Gay And Lesbian Servicemembers In U.S. Allies' Armed Forces, Suzanne B. Goldberg
William & Mary Journal of Race, Gender, and Social Justice
In the wake of the Obama Administration’s pledge to repeal
“Don’t Ask, Don’t Tell” in the United States, the Columbia Law
School Sexuality & Gender Law Clinic undertook a review of how
allies of the United States moved from a policy of banning gay and
lesbian servicemembers from serving in the armed forces to a policy
of allowing these servicemembers to serve openly (“open service”).
In documenting this review, this report aims to provide information
about the decision to implement open service and the mechanics of
the transition to open service in Australia, Canada, Israel, and the
United Kingdom. In …
Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller
Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller
William & Mary Environmental Law and Policy Review
No abstract provided.
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
Faculty Publications
No abstract provided.
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier
William & Mary Law Review
Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …
A Disparate Impact On Female Veterans: The Unintended Consequences Of Veterans Affairs Regulations Governing The Burdens Of Proof For Post-Traumatic Stress Disorder Due To Combat And Military Sexual Trauma, Jennifer C. Schingle
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Book Review Of A Jurisprudence Of Power: Victorian Empire And The Rule Of Law, Michael Ashley Stein
Book Review Of A Jurisprudence Of Power: Victorian Empire And The Rule Of Law, Michael Ashley Stein
Faculty Publications
No abstract provided.