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Articles 91 - 120 of 145
Full-Text Articles in Military, War, and Peace
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
William Mitchell Law Review
No abstract provided.
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
William Mitchell Law Review
No abstract provided.
Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark
Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark
William Mitchell Law Review
No abstract provided.
Trying Terrorists, Brian S. Carter-Stiglitz
Trying Terrorists, Brian S. Carter-Stiglitz
William Mitchell Law Review
No abstract provided.
Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon
Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon
William Mitchell Law Review
No abstract provided.
Rape At Rome: Feminist Interventions In The Criminalization Of Sex-Related Violence In Positive International Criminal Law, Janet Halley
Rape At Rome: Feminist Interventions In The Criminalization Of Sex-Related Violence In Positive International Criminal Law, Janet Halley
Michigan Journal of International Law
This Article examines the work of organized feminism in the formation of new international criminal tribunals over the course of the 1990s. It focuses on the statutes establishing the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). It offers a description of the evolving organizational style of feminists involved in the legislative processes leading to the establishment of these courts, and a description of their reform agenda read against the outcomes in each court-establishing statute. At each stage, the Article counts up the feminist victories and defeats, …
The Rise Of Outsourcing In Modern Warfare : Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer
The Rise Of Outsourcing In Modern Warfare : Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer
UF Law Faculty Publications
In this Article, we will examine the world order implications of combat privatization through the prism of the world constitutive process. This process is one of continuing communication and collaboration that examines, refines, and allocates competence in the international system. The process of contextual mapping might shed light on the terms associated with, and concepts communicated by, privatized military combat, which might be better understood when the contexts in which they are used are illuminated in a discriminating manner. Their multiple meanings are given coherence when we appreciate the divergent contexts within which they are used. To develop the appropriate …
Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.
Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley
Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley
Faculty Scholarship
reviewing, Benjamin Wittes, Law and the Long War: The Future of Justice in the Age of Terror (2008)
In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione
In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione
St. Mary's Law Journal
Following the Texas Supreme Court decision in Low v. Henry, the issue of whether an attorney may be liable for filing a “groundless pleading” has come to the forefront of Texas jurisprudence. This recent decision ought to pique Texas attorneys’ attention. In reprimanding egregious attorney conduct, did the Texas Supreme Court’s tightening of the Texas Rules of Civil Procedure increase the duties and responsibilities of all Texas attorneys by establishing what may amount to pre-suit discovery? Yet, courts presume pleadings and motions are filed in good faith, and the party seeking sanctions bears the burden of rebutting this presumption. The …
The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin
The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin
Cornell Law Faculty Publications
No abstract provided.
Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams
Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams
Global Tides
Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules …
Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv
Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv
St. Mary's Law Journal
The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
St. Mary's Law Journal
Abstract Forthcoming.
A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold
A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold
St. Mary's Law Journal
Abstract Forthcoming.
Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts
Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts
St. Mary's Law Journal
As a way to deal with his loss, this eulogy honors Henry Johnson (1942-2008) by focusing on ten good things about him. As a former English teacher, he valued clarity and precision, which reflects another good thing about Henry: the importance of strong organization. His zest for travel enabled him to share voluminous details about countless countries around the world, including where the best restaurants and wineries were. No description would be complete without emphasizing his love for golf, but the most important thing about Henry was the way he cared for his family, friends, and animals.
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
St. Mary's Law Journal
The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …
American Legal Ethics In An Age Of Anxiety., Michael Ariens
American Legal Ethics In An Age Of Anxiety., Michael Ariens
St. Mary's Law Journal
The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
St. Mary's Law Journal
The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
St. Mary's Law Journal
On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
St. Mary's Law Journal
Abstract Forthcoming.
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
St. Mary's Law Journal
Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
St. Mary's Law Journal
Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …
Military Symbolism Or Religious Preference? The Mount Soledad Cross Controversey, Jason Lewis
Military Symbolism Or Religious Preference? The Mount Soledad Cross Controversey, Jason Lewis
Public Interest Law Reporter
No abstract provided.
Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester
Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester
Journal Publications
The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in the United States. Despite its prominence, the nature of that threat is notoriously difficult to define. On the one hand, terrorists might be compared to other kinds of organized, dangerous criminals who should be prosecuted and punished using the federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …
Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu
Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu
St. Mary's Law Journal
Abstract Forthcoming.
My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne
My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne
St. Mary's Law Journal
Abstract Forthcoming.
Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade
Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade
St. Mary's Law Journal
Abstract Forthcoming.
It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland
It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland
St. Mary's Law Journal
In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …