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Articles 151 - 156 of 156
Full-Text Articles in Military, War, and Peace
Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.
Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Waging War Against Terror: An Essay For Sandy Levinson, Philip Bobbitt
Waging War Against Terror: An Essay For Sandy Levinson, Philip Bobbitt
Georgia Law Review
Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states-including virtual states like al Qaeda's global ummah 2-whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states wished to press …
The Emancipation Proclamation And The Commander In Chief Power, Michael S. Paulsen
The Emancipation Proclamation And The Commander In Chief Power, Michael S. Paulsen
Georgia Law Review
Levinson, a good Socratic teacher, poses the question what is the relationship of emergency or necessity to constitutional power, constitutional rights, and constitutional interpretation generally, and surrounds it with a characteristically fascinating discussion. But while his leanings are clear, he does not clearly answer the question his discussion poses. One can certainly infer that Levinson dislikes Carl Schmitt's legal theories of emergency, which he sees as justifying Hitler's rise to power. And it certainly comes through quite clearly that Levinson feels the same way about the U.S. Department of Justice's legal analysis concerning detention and interrogation of war prisoners (which …
Small Emergencies, Kim L. Scheppele
Small Emergencies, Kim L. Scheppele
Georgia Law Review
In this Comment, I argue that the "normal" American constitutional order can be seen as thoroughly shot through with emergency law and that this constant sense of emergency has fundamentally shaped the possibilities of American constitutionalism. America is now-and has been since the First World War-virtually always in a state of emergency, one way or another. Sometimes these states of emergency have been local, other times they have been federal, and still other times they have been international. Sometimes these states of emergency have been political; other times they have been economic or social. Sometimes these states of emergency have …
Time To Look Abroad? The Legal Regulation Of Emergency Powers, William E. Scheuerman
Time To Look Abroad? The Legal Regulation Of Emergency Powers, William E. Scheuerman
Georgia Law Review
The starting point for Professor Levinson's thought-provoking ruminations on emergency power and constitutionalism is his deep skepticism about the Bush Administration's legal response to 9/11.1 In the context of the "war on terror," Professor Levinson accurately recounts, the Administration has claimed the right to override both longstanding domestic and international legal commitments.2 Even strict prohibitions on torture, it seems, are not exempt from the President's constitutionally based prerogative as "Commander in Chief to keep the nation out of harm's way, and only he apparently possesses the rightful authority to determine the fate of accused terrorists. Although many constitutional lawyers will …
The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott
The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott
Book Chapters
Prof. Scott focuses on the study of the role of former slaves in the Cuban War of Independence, in light of the avoidance of the theme of race within this war in Cuban historiography. She discusses reasons for the silence on race issues, and for the historic construction of the "myth" of racial equality in this era.