Military, War, and Peace Commons^™

Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains

BYU Law Review

No abstract provided.

Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert

Pace International Law Review Online Companion

The problem of child soldiers is not going to go away. While it may not be a popular solution, child soldiers need to be prosecuted for the actions they commit during conflicts in addition to the prosecution of child soldier recruiters. Without legal ramifications, there is no incentive for the child soldier recruiters to stop their actions. This article explores how both child soldiers and their recruiters can be prosecuted for actions committed during conflict.

Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni

University of Miami International and Comparative Law Review

The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …

Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future, Margaret (Peggy) Maisel

Cardozo Journal of International and Comparative Law

The article argues that Truth and Reconciliation Commissions (TRCs) have largely failed to adequately address human rights violations against women due to their male-centered frameworks, which prioritize public sphere violations over private sphere abuses. While some TRCs, such as those in Sierra Leone and Peru, have made strides in incorporating gender considerations, others, like the South African TRC, have excluded women's experiences, perpetuating gender inequality. The article advocates for a gender-inclusive approach to ensure women's voices and violations are integral to reconciliation processes, emphasizing the need to address both civil-political and economic-social rights.

Military's Approach To Appellate Law, The, Jay L. Thoman

The Journal of Appellate Practice and Process

No abstract provided.

Untangling Belligerency From Neutrality In The Conflict With Al-Qaeda, Rebecca Ingber

Faculty Scholarship

The legal architecture for the conflict with al-Qaeda and the Taliban has been the subject of extensive scrutiny through two presidential administrations, a decade of litigation, and multiple acts of Congress. All three branches of the federal government have to date defined the framework as one of armed conflict, and have looked to the laws of war as support for expansive authorities concerning the use of force, including detention. Yet the laws of war do not merely contemplate broad state authority; they also provide critical and non-derogable constraints on that authority. Nevertheless considerable debate rages on with respect to whether …

Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock

Buffalo Human Rights Law Review

No abstract provided.

Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes

Buffalo Human Rights Law Review

No abstract provided.

Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus

All Faculty Scholarship

The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.

No More 'Sha Still', Kenneth Lasson

All Faculty Scholarship

This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.

Introduction (Volume 87)

International Law Studies

No abstract provided.

Table Of Contents (Volume 87)

International Law Studies

No abstract provided.

Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks), Rosa Ehrenreich Brooks

Testimony Before Congress

I know that members of this sub-committee are deeply committed to ensuring that reform of strategic communication organizational structures and policies remains a top priority for the executive branch. I have to confess that in my former role as a Defense Department official with responsibility for a range of SC and IO issues, I was not always wholly grateful for your interest: you and your colleagues on the House Appropriations Committee put the Department through the ringer with quite a lot of different reporting requirements. As a citizen, however, I am deeply grateful to you for having kept us on …

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Terrorism Financing: The Rise And Fall Of Counter‐Terrorism Policy Primacy, Jonathan Vollinger

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence, Major Dennis Hager

University of Miami National Security & Armed Conflict Law Review

Less than a year after the September 11th attacks on New York and Washington D.C., terrorist groups in Southeast Asia carried out a number of high profile attacks in the region. In an area ripe for global terrorism the effects of counter‐terrorism conventions can be measured and the possibility of progress in the global war observed. The regional cooperation inherent in these conventions has been crucial to the success of peace for this region, and is especially significant considering the immense cultural and political differences among these nations.

With fourteen official languages and over 500 million people living in an …

Square Information, Round Categorization: Executive Order 13556 And Its Implementation Challenges, Austin Harris

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Diminishing Free Speech Rights Of Military Chaplains In The Aftermath Of Repealing “Don’T Ask Don’T Tell”, Elyse Stiner

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal

University of Miami National Security & Armed Conflict Law Review

The U.S. response to mass atrocity has followed a predictable pattern of disbelief, rationalization, evasion, and retrospective expressions of regret. The pattern is consistent enough that we should be skeptical of chalking up the United States’ failures solely to a shifting array of isolated historical contingencies, from post‐Vietnam fatigue in the case of the Khmer Rouge to the Clinton administration’s recoil against humanitarian interventions after Somalia. It is implausible to suggest that the United States would have acted to mitigate or end mass atrocities but for the specific historical contingencies that happen to accompany each outbreak of violence. This essay …

Pulling Back The Covers: Saleh V. Titan Corporation And (Near) Blanket Immunity For Military Contractors In War Zones, Ian S. Speir

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.