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Evidence Of Terror, Mary Ellen O'Connell

Journal Articles

In the hours after the 11 September attacks on the United States, some called for counterattacks on America's enemies, regardless of any evidence of wrong-doing. Those calls were rejected and some evidence was produced linking Osama bin Laden, his organization, al-Qaeda, and the Taliban regime of Afghanistan to the attacks. The United States and United Kingdom began a bombing campaign of Afghanistan on the strength of that evidence on 7 October 2001. This article explores the law of evidence in international law. It seeks to identify what evidence is sufficient for supporting a case of self-defence to clandestine terror attacks.

On War As Hell, Roger P. Alford

Journal Articles

This article addresses the question of the proper international standard for war reparations. War reparations are especially hard on the credibility and efficacy of international law. Wars are hard because the suffering is so great and reparations so onerous that often there is no mutuality of interest between the victorious governments and their own constituent victims. Wars force victorious States to make hard choices between looking backward to repair the harm caused to constituent victims and looking forward to a relationship with a potential strong and strategic ally. Just as the conduct of war, in its great features, is...policy itself, …

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …

The Promise Of A Post-Genocide Constitution: Healing Rwandan Spirit Injuries, Adrien Katherine Wing, Mark Richard Johnson

Michigan Journal of Race and Law

This Article hopes to extend Critical Race Theory's social construction of race theory by emphasizing ethnicity as well as race. The Rwandans are undoubtedly within the so-called "Black race." Historically, they have also been socially constructed as consisting of different races and ethnicities, even though many scholars and Rwandans do not see ethnic, much less racial, distinctions. Some of these Rwandans who did see such differences participated in the genocide.

Conceptions Of The Corporation And The Prospects Of Sustainable Peace, Jeffrey Nesteruk

Vanderbilt Journal of Transnational Law

This Article examines the role of corporate law in promoting sustainable peace. The Author argues that corporate legal theory can make a distinctive contribution to a more peaceful world by exposing some deeper roots of corporate law doctrines. Beginning with a brief overview of the corporation in legal discourse, the Article addresses the corporation as property, person, contract, and community. Next, the Article explores the significance of legal language, detailing the ways the law, through language, constructs and impacts the "character," "culture," and "community" of society. The Article then analyzes the dominance that the property and contract conceptions of the …

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …

War Stories, Jessica Litman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman

St. Mary's Law Journal

The doctrine of equivalents, which Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. threatens to overturn, is an equitable doctrine and should therefore provide patentees and competitors equal and fair protection. Prior to Festo, the Federal Circuit used two approaches: the complete bar rule and the flexible bar rule. Under the complete bar rule, the author must completely copy the patented art for infringement to occur, this is otherwise known as literal infringement. In contrast, under the flexible bar rule, infringement can occur if the product is closely related to the prior art. Federal Circuits have officially adopted the complete …

Ordered Liberty And The Homeland Security Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …

War And The Business Corporation, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article addresses the relationship between modern warfare and business corporations. The Article begins by considering the nature of war, emphasizing the effects of globalization and the changing importance of national boundaries. The Article reviews leading theories of war and focuses on how the growth of multinational corporations in economic and political power has begun to rival the power of nation-states. Next, the Article addresses the nature of the business corporation in the context of modern war by surveying standard legal, ethical, and economic understandings of corporate governance. The Article concludes by arguing that the recognition of the moral and …

Interview: The Business Of Peace, Madeleine Albright, B. Joseph White

Vanderbilt Journal of Transnational Law

I think the thing that we have really seen, Joe, recently, is the fact that we have global companies that are situated everywhere and are very much a part of the societies in which they operate. The way that they can contribute is by really embedding themselves in the local communities and by providing economic support within those communities to help mitigate some of the aspects of poverty within that particular milieu where they are operating. They can contribute by basically making it clear to people that we are all part of the same story. Just because you may be …

The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher

Faculty Scholarship

Somehow we in the West thought the age of war was behind us. After nuking Hiroshima, after napalming Vietnam, we had only distaste for the idea and the practice of war. The thought of dying for a noble cause, the pursuit of honor in the name of patria, brotherhood in arms – none of this appealed to us anymore. "I hate war and so does Eleanor," opined FDR in the oft-repeated lyrics of Pete Seeger. War became a subject for ironic disdain. As Tom Lehrer caught the mood of the 1960s: "We only want the world to know that …

On Justice And War: Contradictions In The Proposed Military Tribunals, George P. Fletcher

Faculty Scholarship

The autumn of our anguish has passed, and we are still confused about how to describe the use of military force in Afghanistan. We are torn between using the language of justice and the language of war. Is this an attack by private individuals, a case of a single terrorist writ large? If the mass killings of September 11 are the crimes of individuals – Islamic fundamentalist versions of Timothy McVeigh – then we can think about arresting them and bringing them to "justice." The mantra of the Bush team, "bringing justice to them and them to justice," has seeped …

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Book Review. American War In The 1990s, David G. Delaney

Articles by Maurer Faculty

No abstract provided.

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 …

State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

Terrorism is an evil that the United States and other civilized countries should combat aggressively. Fortunately, these countries have many tools they can use in their fight against terrorism, among them military force (as we have just demonstrated in Afghanistan), covert actions, and a variety of economic sanctions against a country or group that supports terrorists. These sanctions - which would preferably be applied in union with other countries, though unilaterally if necessary - can include freezing assets, as well as ending or limiting U.S. government programs (ranging from landing rights to foreign aid), cutting off exports to or imports …

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Whacking Unarmed Women: Gaps In The Law Of Armed Conflict, Michael F. Noone Jr.

Scholarly Articles

In recent years, legal commentators have begun to write on women in war: usually as the civilian victims of belligerent forces, sometimes as military victims of discrimination within their own armed forces. Very little has been written about women as belligerents. What has been written does not focus on the legal problems conventional forces face when women are "unprivileged belligerents"' who fail to comply with law of war requirements for combatant status. These problems can become acute when conventional forces are engaged in "Small Wars" where unarmed women often serve as auxiliaries to their unconventional opponents. Although legal sources have …

The Adequacy Of International Law For Arms Control – Post Sept. 11: Arms Control And Nonproliferation, Antonio F. Perez

Scholarly Articles

Arms control was never an end in itself. Arms control and nonproliferation policy always had as their goals increasing international security. It may be worth recalling that, in response to having it called to his attention that he had changed his views on a matter, Lord Keynes is widely reported to have quipped, "When the facts change, what do you do?" Indeed, as Lord Keynes also once said, "There is no harm in sometimes being wrong-especially if one is promptly found out."

The question for this panel is whether the sea change in strategic thinking reflected in the arms control …