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Articles 31 - 60 of 81
Full-Text Articles in Military, War, and Peace
Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock
Military Justice As Justice: Fitting Confrontation Clause Jurisprudence Into Military Commissions, Christina Frohock
Articles
The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the …
Contemporary Practice Of The United States Relating To International Law, January 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, January 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Progress Is Made Implementing U.S.-Russia Framework for Eliminating Syrian Chemical Weapons • United States Advocates for Syrian Peace Conference • United States Extends Deadline for Signing of Bilateral Security Agreement with Afghanistan • China Announces New Air Defense Identification Zone over East China Sea, Prompting U.S. Response • United States and Six Other States Reach Interim Agreement on Iranian Nuclear Program
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
Contemporary Practice Of The United States Relating To International Law, October 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, October 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States Condemns Russia’s Use of Force in Ukraine and Attempted Annexation of Crimea • In Wake of Espionage Revelations, United States Declines to Reach Comprehensive Intelligence Agreement with Germany • United States Defends United Nations’ Immunity in Haitian Cholera Case • French Bank Pleads Guilty to Criminal Violations of U.S. Sanctions Laws • D.C. Circuit Strikes down Administrative Order Requiring Divestment by Foreign-Owned Corporation • United States Adopts New Land Mine Policy • United States Claims That Russia Has Violated the INF Treaty
Contemporary Practice Of The United States Relating To International Law, July 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, July 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
United States Negotiates Prisoner Exchange to Secure Release of U.S. Soldier Held in Afghanistan • United States Refuses to Grant Visa to Iranian UN Envoy • Multilateral Naval Code of Conduct Aims to Prevent Unintended Conflict in Contested Areas of East and South China Seas • Senate Approves Treaties to Regulate Fishing • United States Indicts Chinese Military Officials for Economic Espionage • U.S. Supreme Court Declines to Terminate Long-Running Efforts to Force Argentina to Pay Defaulted Sovereign Debt • United States Condemns Uganda’s Antigay Law as Violating Human Rights • President Barack Obama Certifies That U.S. Peacekeepers in Mali …
Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock
Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock
Articles
No abstract provided.
Gender And New Wars, Christine M. Chinkin, Mary Kaldor
Gender And New Wars, Christine M. Chinkin, Mary Kaldor
Articles
War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been …
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Articles
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …
Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln
Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln
Articles
This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern …
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Articles
No abstract provided.
Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum
Articles
In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the United States Supreme Court held that agencies should determine the meaning of ambiguous statutes. But in the veterans law case Brown v. Gardner, the Supreme Court directed lower courts to resolve interpretive doubt in ambiguous statutes in favor of veterans. Which interpretation controls when a statute is ambiguous-the agency's reasonable interpretation or the veteran's interpretation? To date, none of the courts faced with this conflict have resolved this question clearly or definitively; indeed, the United States Court of Appeals for Veterans Claims recently asked the Supreme Court …
U.S. Defense Contracts During The Tax Expenditure Battles Of The 1980s, Susan J. Guthrie, James R. Hines Jr.
U.S. Defense Contracts During The Tax Expenditure Battles Of The 1980s, Susan J. Guthrie, James R. Hines Jr.
Articles
This paper considers the impact of the tax treatment of military contractors on the cost and timing of U.S. military procurement. Prior to the early 1980s, taxpayers were permitted to defer tax obligations on profits earned from long-term contracts. Legislation passed in 1982, 1986, and 1987 required that at least 70 percent of the profits earned on long-term contracts be taxed as accrued, thereby significantly reducing the tax benefits associated with long term contracting. Comparing contracts that were ineligible for these tax benefits with those that were eligible, it appears that between 1981–1989 the duration of U.S. Department of Defense …
From The Chair, Lela P. Love
Professionalizing Moral Deference, Michael Hatfield
Professionalizing Moral Deference, Michael Hatfield
Articles
As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the "torture memoranda" to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …
The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton
The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton
Articles
No abstract provided.
A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen
A Primer On The Nonproliferation Regime For Maritime Security Operations Forces, Craig Allen
Articles
This article seeks to provide the reader with an overview of the weapons of mass destruction (WMD) nonproliferation regime relevant to marine security operations and to alert the reader to shortfalls in that regime that might frustrate at-sea efforts to interdict WMD shipments. It begins with a general description of the international approach to combating proliferation of WMD and then examines the individual regimes for nuclear weapons, chemical weapons (CW), biological-toxin weapons (BTW) and WMD delivery systems, such as missiles and unmanned aerial vehicles. It next traces the development of several resolutions by the United Nations Security Council that target …
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
Articles
No abstract provided.
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny
Articles
The following essay is excerpted from the prospectus for Perspectives on Genocide and Genocidal Violence in the Sudan, edited by Law School Assistant Professor Laura N. Beny, Sondra Hale of UCLA, and Lako Tongun of Claremont Colleges, California. The book is under advance contract for publication by the University of Michigan Press. Its 14 chapters, written by prominent historians, anthropologists, social scientists, political leaders, and others, “tell overlapping stories about the social constructions of race, gender, culture, and religious and political loyalties, each of which underlies the longstanding conflict” in Sudan, according to Beny, whose essay in the book is …
The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen
The Limits Of Intelligence In Maritime Counterproliferation Operations, Craig Allen
Articles
This article begins with an examination of the intelligence needs of those engaged in maritime counterproliferation efforts. It then turns to risk-management decision making under conditions of uncertainty, focusing on decisions at the operational level and exploring the question of whether decision strategies in the WMD context should seek to minimize false-negative or false-positive errors. It concludes that even vastly improved maritime intelligence will not obviate the need for national and operational commanders to make decisions under conditions of uncertainty and that such decisions should be made on the basis of established risk-assessment and management principles. At the same time, …
Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen
Command Of The Commons Boasts: An Invitation To Lawfare?, Craig H. Allen
Articles
The first panel in this, the 2006 Naval War College, International Law Department conference on "Global Legal Challenges: Command of the Commons, Strategic Communications, and Natural Disasters," has been asked to offer a US perspective on current assertions regarding the US command of the commons. It is my privilege to moderate the discussion by a distinguished panel that includes Vice Admiral Lowell E. ("Jake") Jacoby, US Navy (retired) the immediate past director of the Defense Intelligence Agency; Vice Admiral John G. Morgan, Jr., US Navy, deputy chief of naval operations for plans and strategy (N3/N5); and Rear Admiral Joseph L. …
Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield
Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield
Articles
On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Articles
The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …
Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Gender, Human Rights, And Peace Agreements, Christine M. Chinkin
Gender, Human Rights, And Peace Agreements, Christine M. Chinkin
Articles
I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …
Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman
Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Articles
The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private-insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered during and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, as well as the interaction between relief and the incentives for taking precautions against similar losses in the future. …
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
Articles
No abstract provided.
Rebuilding Afghanistan, Janet Stearns
Rebuilding Afghanistan, Janet Stearns
Articles
The calls to service now are global and diverse, but so are we.
In a previous article in this Journal, I wrote that many of us practicing in the field of housing and community development law had adopted a "myopic" view of the world. At that time, I urged colleagues to consider the problems of growth management facing urban centers around the globe. I concluded that "[n]ow is the time for us to join the global community in the struggle for more decent affordable housing and more sustainable urban development for all people."
The tragic events of September 11 forced …