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Military, War, and Peace Commons™

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2012

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Institution
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Articles 151 - 180 of 207

Full-Text Articles in Military, War, and Peace

Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint Jan 2012

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.

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In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash Jan 2012

In-House But Out In The Cold: A Comparison Of The Attorney-Client Privilege In The United States And European Union Comment., Andrew R. Nash

St. Mary's Law Journal

Abstract Forthcoming.

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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 Jan 2012

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.” …

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Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul Jan 2012

Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul

St. Mary's Law Journal

Abstract Forthcoming.

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Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter Jan 2012

Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter

St. Mary's Law Journal

Abstract Forthcoming.

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Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid Jan 2012

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 …

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War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky Jan 2012

War Powers Pursuant To False Perceptions And Asymmetric Information In The Zone Of Twilight., Robert Bejesky

St. Mary's Law Journal

Abstract Forthcoming.

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Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson Jan 2012

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 …

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Military Lawyers And The Two Cultures Problem, David Luban Jan 2012

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 …

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Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow Jan 2012

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 …

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Lessons From Social Psychology For Complex Operations, Rosa Brooks Jan 2012

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.

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Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam, Margaret Jones Jan 2012

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.

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A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez Jan 2012

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 …

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Expanding Protective Order Coverage., Kellie K. Player Jan 2012

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 …

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The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis Jan 2012

The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis

St. Mary's Law Journal

Abstract Forthcoming.

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The War On Terror: Where We Are And How We Got There, Michael B. Mukasey Jan 2012

The War On Terror: Where We Are And How We Got There, Michael B. Mukasey

NYLS Law Review

No abstract provided.

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The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane Jan 2012

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.

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Secrecy And Self-Governance, Geoffrey R. Stone Jan 2012

Secrecy And Self-Governance, Geoffrey R. Stone

NYLS Law Review

No abstract provided.

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Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell Jan 2012

Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell

NYLS Law Review

No abstract provided.

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Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty Jan 2012

Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty

NYLS Law Review

No abstract provided.

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Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson Jan 2012

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 …

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Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl Jan 2012

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?

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Detention Debates, Deborah N. Pearlstein Jan 2012

Detention Debates, Deborah N. Pearlstein

Michigan Law Review

Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …

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Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Jan 2012

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?"

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Beyond Foreign Policy: A Fresh Look At Cross-Cultural Negotiations And Dispute Resolution Based On The India-United States Nuclear Test Ban Negotiations, Sukhsimranjit Singh Jan 2012

Beyond Foreign Policy: A Fresh Look At Cross-Cultural Negotiations And Dispute Resolution Based On The India-United States Nuclear Test Ban Negotiations, Sukhsimranjit Singh

Cardozo Journal of Conflict Resolution

This paper has three goals: first, to study the negotiation of CTBT from Indian and U.S. perspectives; second, to analyze the influence of culture on the processes and outcomes of nuclear negotiations; and third, to provide an approach that would have produced a better result in the CTBT negotiations, and which could be used with more success in future bilateral and multi-lateral negotiations. The approach and lessons from my analysis can also be applied towards other cross-cultural disputes, especially to those that involve national culture. I conclude that the CTBT negotiation between India and the U.S. (among other nations) was …

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Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson Jan 2012

Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …

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Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel Jan 2012

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.

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Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett Jan 2012

Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett

Faculty Publications

During one permanently consequential decade in the history of the United States and the world, United States Supreme Court Justice Robert H. Jackson delivered three major lectures at the University of Buffalo. The last of these was Jackson's May 9, 1951, James McCormick Mitchell Lecture, "Wartime Security and Liberty under Law," which inaugurated this distinguished lecture series. Justice Jackson's first formal lecture at the University of Buffalo occurred on February 23, 1942, halfway through his first year as a Supreme Court Justice and just twelve weeks after the attack on Pearl Harbor brought the United States into World War II. …

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Revisiting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman Jan 2012

Revisiting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian Jan 2012

Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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