Military, War, and Peace Commons^™

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …

Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley

St. Mary's Law Journal

This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …

The Yugoslav War Crimes Tribunal: The Compatibility Of Peace, Politics, And International Law, Karl A. Hochkammer

Vanderbilt Journal of Transnational Law

Since 1991, a brutal war has raged among ethnic groups of the former Yugoslavia. Outraged by the atrocities that have pervaded the war, the United Nations established an international tribunal in 1993 to adjudicate violations of international humanitarian law committed in the Yugoslav conflict. Although well-intentioned, the Yugoslav Tribunal nevertheless may fail to accomplish its goals. A number of practical and legal obstacles may impede its success. In particular, the United Nations lack of physical control over the combatants in the Yugoslav conflict may frustrate the Tribunal's ability to bring accused war criminals to justice. This Note surveys the problems …

Legal Training Handbook For The Ukrainian Military, Jeffrey F. Addicott

Faculty Articles

In May of 1995, a democracy building project between The Judge Advocate General of Ukraine and United States Army lawyers was completed in Kiev. Over the course of this eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov, Chief, Legal Service of the Ministry of Defense of Ukraine, in developing a legal training handbook for Ukrainian soldiers.

The handbook, entitled “Code of Conduct for Participants in Military Operations,” now serves as the primary training guide for instructing …

On Demilitarizing A Palestinian "Entity" And The Golan Heights: An International Law Perspective, Louis R. Beres, Zalman Shoval

Vanderbilt Journal of Transnational Law

With the signing of the Oslo II Accord at the White House on September 28, 1995, Israel and the Palestine Liberation Organization codified the expansion of Palestinian self-rule in Judea and Samaria. Authors of this Accord argue that the security risks to Israel from the nascent Palestinian state could be reduced through appropriate forms of demilitarization. Similar arguments are being offered in relation to the Golan Heights, a strategic plateau currently in dispute between Israel and Syria. In this very timely and important Article, Professor Beres and Ambassador Shoval examine demilitarization in both contexts. They conclude, jurisprudential assurances notwithstanding, that …

The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Although the United Nations has frequently been criticized for responding too slowly to problems in the developing world, it can take pride in having been among the first to recognize the crisis of antipersonnel landmines. Ever since the issue was first raised in 1992 by the International Committee of the Red Cross, key actors at the United Nations-including the Secretary General and other senior executives in the departments of Peacekeeping, Humanitarian Affairs, the High Commissioner on Refugees, and UNICEF-have been forthright on the need to take action against this problem.' The brief but specific mention of landmines in the …

The Constitutional Responsibility Of Congress For Military Engagements, Lori Fisler Damrosch

Faculty Scholarship

The U.S.-led military operation in Haiti has unfolded with minimal violence and few casualties so far. That factual proposition – which is necessarily subject to revision – has important ramifications under both U.S. constitutional law and international law. On the constitutional level, the avoidance of hostilities defused what was poised to become a serious confrontation between the President and the Congress. On the international level, doubts in some quarters about the legitimacy of a forcible intervention, although not entirely allayed, were somewhat quieted with the achievement of a negotiated solution, which enabled U.S. troops to bring about the return to …

Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosch

Faculty Scholarship

My first opportunity to read John Hart Ely's ideas on war powers came in 1988, when he published the antecedent of one chapter of War and Responsibility as an article in the Columbia Law Review titled Suppose Congress Wanted a War Powers Act that Worked. The punctuation – without a question mark – makes an important point: The verb "suppose" invites us not to speculate about a counterfactual hypothetical, but rather to assume that Congress must want its own creation to work. Professor Ely's project was to show Congress how to fix it.

But it was already evident in 1988, …

A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Of Communism, Treason, And Addiction: An Evaluation Of Novel Challenges To The Military's Anti-Gay Policy, Taylor Flynn

Faculty Scholarship

A recent wave of decisions have held unconstitutional the exclusion of lesbians, bisexuals,and gay men in the military when the only evidence of same-sex "conduct" is the servicemember's self-identification as gay. These courts, as well as some pro-equality commentators, have drawn upon three criminal law models by characterizing same-sex orientation as akin to a status and a form of political expression.

The first model relies upon Robinson v. California and Powell v. Texas, in which the Supreme Court announced the constitutional impermissibility of criminalizing the status of addiction to narcotics and alcohol. In the context of military litigation, this model …