Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- National Security Law (67)
- International Law (63)
- Human Rights Law (42)
- Law and Society (35)
- Social and Behavioral Sciences (29)
-
- Environmental Law (18)
- Health Law and Policy (18)
- Legal Ethics and Professional Responsibility (18)
- Immigration Law (17)
- International Humanitarian Law (17)
- Jurisprudence (17)
- Oil, Gas, and Mineral Law (17)
- Public Affairs, Public Policy and Public Administration (17)
- Law and Politics (16)
- State and Local Government Law (16)
- Arts and Humanities (15)
- History (14)
- Military History (14)
- Defense and Security Studies (12)
- Dispute Resolution and Arbitration (12)
- Criminal Law (11)
- Other Law (10)
- Constitutional Law (9)
- Political Science (9)
- President/Executive Department (9)
- International Relations (8)
- Comparative and Foreign Law (7)
- Rule of Law (7)
- Institution
-
- Pepperdine University (23)
- St. Mary's University (16)
- Mitchell Hamline School of Law (11)
- US Army War College (11)
- University of Miami Law School (10)
-
- Yeshiva University, Cardozo School of Law (10)
- William & Mary Law School (9)
- Columbia Law School (8)
- University at Buffalo School of Law (8)
- University of Michigan Law School (8)
- Georgetown University Law Center (7)
- Claremont Colleges (6)
- Duke Law (6)
- New York Law School (6)
- University of Baltimore Law (6)
- American University Washington College of Law (4)
- Maurer School of Law: Indiana University (4)
- UIC School of Law (4)
- University of Richmond (4)
- Loyola University Chicago, School of Law (3)
- Pace University (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Western University (3)
- Barry University School of Law (2)
- Cleveland State University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Florida Levin College of Law (2)
- University of San Diego (2)
- Vanderbilt University Law School (2)
- Washington and Lee University School of Law (2)
- Keyword
-
- National security (13)
- September 11 Terrorist Attacks 2001 (12)
- Terrorism (11)
- Terrorism--United States (11)
- International law (10)
-
- Human rights (9)
- National Security (9)
- War (9)
- Military (8)
- Security (8)
- St. Mary’s Law Journal (8)
- St. Mary’s University School of Law (8)
- European Union (7)
- Intelligence service (7)
- Secret police (7)
- United States (7)
- 9/11 (6)
- Afghanistan (6)
- International humanitarian law (6)
- Civilian casualties (5)
- Counterterrorism (5)
- Humanitarian law (5)
- Peace (5)
- Drone strikes (4)
- Genocide (4)
- Jus in bello (4)
- NATO (4)
- Negotiation (4)
- Targeted killing (4)
- Treaties (4)
- Publication
-
- St. Mary's Law Journal (16)
- Pepperdine Law Review (12)
- The US Army War College Quarterly: Parameters (11)
- William Mitchell Law Review (11)
- Faculty Scholarship (10)
-
- Pepperdine Dispute Resolution Law Journal (10)
- University of Miami National Security & Armed Conflict Law Review (10)
- Georgetown Law Faculty Publications and Other Works (7)
- Claremont-UC Undergraduate Research Conference on the European Union (6)
- NYLS Law Review (6)
- Buffalo Law Review (5)
- Human Rights Institute (5)
- Cardozo Arts & Entertainment Law Journal (4)
- Faculty Publications (4)
- William & Mary Journal of Race, Gender, and Social Justice (4)
- All Faculty Scholarship (3)
- Articles by Maurer Faculty (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Law Faculty Publications (3)
- Law Publications (3)
- Scholarly Works (3)
- University of Baltimore Journal of International Law (3)
- Articles (2)
- Barry Law Review (2)
- Book Chapters (2)
- Buffalo Human Rights Law Review (2)
- Cardozo Journal of International and Comparative Law (2)
- Cardozo Public Law, Policy & Ethics Journal (2)
- Fort St. Joseph Archaeological Project (2)
- Journal Articles (2)
- Publication Type
Articles 151 - 180 of 207
Full-Text Articles in Military, War, and Peace
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap
Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap
Faculty Scholarship
No abstract provided.
Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.
Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam, Margaret Jones
Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam, Margaret Jones
Public Interest Law Reporter
No abstract provided.
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
St. Mary's Law Journal
The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
St. Mary's Law Journal
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
St. Mary's Law Journal
Abstract Forthcoming.
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
St. Mary's Law Journal
Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
St. Mary's Law Journal
The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …
Expanding Protective Order Coverage., Kellie K. Player
Expanding Protective Order Coverage., Kellie K. Player
St. Mary's Law Journal
The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid
St. Mary's Law Journal
The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …
The War On Terror: Where We Are And How We Got There, Michael B. Mukasey
The War On Terror: Where We Are And How We Got There, Michael B. Mukasey
NYLS Law Review
No abstract provided.
The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane
The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane
NYLS Law Review
No abstract provided.
Secrecy And Self-Governance, Geoffrey R. Stone
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
NYLS Law Review
No abstract provided.
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
NYLS Law Review
No abstract provided.
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson
Contributions to Books
This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …
Military Lawyers And The Two Cultures Problem, David Luban
Military Lawyers And The Two Cultures Problem, David Luban
Georgetown Law Faculty Publications and Other Works
Military and humanitarian lawyers approach the laws of war—labeled “law of armed conflict” by the former and “international humanitarian law” by the latter—in very different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. This article argues that from these radically different axioms legal consequences systematically follow regarding treaty interpretation, the sources and reach of customary international law, the nature of international law, deference and discretion to military commanders, and the connection between …
Cyber Security Without Cyber War, Mary Ellen O'Connell
Cyber Security Without Cyber War, Mary Ellen O'Connell
Journal Articles
Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this development are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that …
Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra
Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The 1993 Chemical Weapons Convention (CWC) is one of the most important multilateral arms control instruments; it requires its 188 parties to refrain from producing, acquiring, retaining or using chemical weapons (CW) and to destroy their existing CW stockpiles by a fixed date. The United States and Russia declared the possession of the world’s largest CW inventories and have been working assiduously to incinerate, chemically neutralize or otherwise dispose of their respective caches. Unfortunately, neither country met the treaty’s April 29, 2012 final, non-extendable deadline. The United States managed to destroy 90% of its CW stocks on time, but under …
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl
Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl
Scholarly Articles
The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
Faculty Publications
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
The Logic Of Terrorism, F.E. Guerra-Pujol
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
Barry Law Review
No abstract provided.
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
No abstract provided.