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Articles 91 - 120 of 207
Full-Text Articles in Military, War, and Peace
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman
Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Faculty Publications
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
Responses To The Five Questions, Steven Metz
Responses To The Five Questions, Steven Metz
William Mitchell Law Review
No abstract provided.
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Articles
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …
Fort St. Joseph And The American Revolution, Scott T. Macpherson
Fort St. Joseph And The American Revolution, Scott T. Macpherson
Fort St. Joseph Archaeological Project
Bennett’s Expedition 1779, Raid on Fort St. Joseph 1780, The “Spanish Raid” 1781, Deportation of the French, and Demise of Fort St. Joseph.
Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee
Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee
Continuing Education (CAPSTONE)
Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …
Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro
Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro
Undergraduate Review
War is a creation of mankind that has evolved along with human civilization, leaving a bloody trail in its wake. As there are those in our world who strive to improve peacetime society, there are also those who push the limits of weaponry and revolutionize the way war is waged. In this day and age, opposing forces rarely meet on a traditional battlefield but instead inflict death and destruction from across the horizon with weapons of catastrophic capability. Consequently the costs of developing such advanced war machines are increasingly heavy. With this rapid evolution of combat and the weaponry used …
Responses To The Five Questions, A. Mark Weisburd
Responses To The Five Questions, A. Mark Weisburd
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Jody M. Prescott
Responses To The Five Questions, Jody M. Prescott
William Mitchell Law Review
No abstract provided.
The Military At Fort St. Joseph, Scott T. Macpherson
The Military At Fort St. Joseph, Scott T. Macpherson
Fort St. Joseph Archaeological Project
Showing the Flag, Troupes de la Marine, Militia, and Fort St. Joseph’s Military Actions.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
No abstract provided.
Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld
Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld
Law Publications
No abstract provided.
Shields Of War: Defining Military Contractors’ Liability For Torture, Kathryn R. Johnson
Shields Of War: Defining Military Contractors’ Liability For Torture, Kathryn R. Johnson
American University Law Review
No abstract provided.
Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall
UIC Law Review
No abstract provided.
Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand
Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand
Indiana Journal of Global Legal Studies
This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.
You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones
You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones
West Virginia Law Review
No abstract provided.
Is Honor Tangible Property?, James Santiago
Is Honor Tangible Property?, James Santiago
University of Michigan Journal of Law Reform Caveat
United States Marine Corps Sergeant Dakota Meyer said, “When they told me that I would be receiving the Medal of Honor I told them that I didn’t want it, because I don’t feel like a hero.” This statement reflects the feelings of many real war heroes who deserve and are given recognition yet feel that they are unworthy of such accolades. Unfortunately, there are also individuals who want the recognition of being a war hero but lie about having served. Nevertheless, the First Amendment will continue to guarantee the freedom of speech of those who lie about unearned military honors …
Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer
Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer
All Faculty Scholarship
In the simplest case: Congress declares war, and does not intrude on the President's solo decision about when the troops come home. However, in our time, long wars, such as in Afghanistan and Iraq, occur with great tension between the two elected branches of government over the pace of a drawdown. Sometimes it may be a hawkish Congress that disagrees with a President reluctant to continue the war at full troop levels. To find a joint way to draw down the American troops in the war zone, they may seek congressional mechanisms to resolve their differences with interactive processes. Then, …
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan
UIC Law Review
No abstract provided.
A Legal Framework For Targeted Killing, Monica Hakimi, A. Guiora
A Legal Framework For Targeted Killing, Monica Hakimi, A. Guiora
Book Chapters
I agree with much of what Professor Amos Guiora says, but I disagree with the method he uses to get there. And I believe the method matters. Guiora assesses targeting operations under an "active self-defense" paradigm, with elements from both the jus ad bellum (the law governing the use of force) and the jus in bello (the law governing the conduct of hostilities). Under Guiora's paradigm. a state may target terrorism suspects in anticipatory self-defense if: (I) targeting is proportional to their threat; (2) collateral damage is minimized; (3) alternatives to targeting are infeasible; and (4) military necessity justifies the …
Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012), Brian Clauss
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East, Michael Kagan
The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East, Michael Kagan
Scholarly Works
Many challenges surrounding refugee protection relate to a de facto shift of responsibility from sovereign governments to the UN Refugee Agency (UNHCR) to directly administer refugee policy. This phenomenon is legally anomalous, and it is UNHCR policy to avoid the operation of such "parallel structures." Yet the existence of a UN "surrogate state" offers important advantages to some host governments, which makes state-to- UNHCR responsibility shift difficult to reverse. Using the Arab Middle East as a case study, this article argues that, while not ideal, UNHCR's state substitution role offers important symbolic and material benefits to governments that host refugees …
Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales
Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales
Scholarly Works
By examining another dark chapter in American history-the internment of Japanese Americans during World War II-this Article makes a moral and legal case for a more complete resolution of harms to victims of anti-gay military discrimination. The successful reparations campaign waged by Japanese Americans who were interned during World War II has provided both inspiration and a helpful blueprint for reparation movements worldwide. This article seeks to show that by observing the parallels between these two dark periods, it is clear that DADT's historical chapter cannot be closed until reparations are paid to those who were victimized by the policies …
Will Contests: From Start To Finish., Joyce Moore
Will Contests: From Start To Finish., Joyce Moore
St. Mary's Law Journal
This Article primarily focuses on the practical problems facing attorneys and courts when evaluating and proving up a will or trust in contested cases. The focus extends further into the special procedural and evidentiary rules applicable to these actions, the use and misuse of summary judgment proceedings in these cases, and some observations regarding developing trends and strategies in will and trust contest litigation. Admittedly, this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues. Yet, attorneys must diligently juggle all of them while also …
The Law Of Occupation And Un Administration Of Territory: Mandatory, Desirable, Or Irrelevant?, Steven R. Ratner
The Law Of Occupation And Un Administration Of Territory: Mandatory, Desirable, Or Irrelevant?, Steven R. Ratner
Other Publications
Governments and international organizations as well as academic commentators have remarked upon the similarities and differences between occupation of territory by States and administration of territory by the United Nations. Although formal administration of territory by the United Nations has been limited to a small number of cases, the possibility of future revival of this practice warrants consideration of the relevance of the law of occupation (hereafter LO) to this phenomenon. This paper attempts to sketch out the major issues in an attempt to guide the experts in their discussion.
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones
Oklahoma Law Review
No abstract provided.