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Articles 91 - 120 of 241
Full-Text Articles in Military, War, and Peace
The Uniform Code Of Military Justice: Impetus For Statutory Protection For Civilian Administrative Law Judges To Protect Against Agency "Command Influence", Bruce T. Smith
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
The Administrative Procedure Act And The Military Departments, Thomas R. Folk
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau
Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau
Honors Projects in History and Social Sciences
This paper will seek to explore whether or not Nazi war criminals tasked with manning and staffing the various concentration and death camps were in any way entitled to due process of law upon their capture and trial. This concept is debated among international Holocaust scholars and often discussed with purely apodictic arguments based upon a lack of understanding of military law. This paper will discuss in detail the rights, liberties, and treatment of Nazi war criminals after World War II in relation to the trials of concentration camp guards. It will also necessarily explore and explicate the misunderstood military …
An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich
An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
The Kosovo War: Nato’S Opportunity, Sead Osmani
The Kosovo War: Nato’S Opportunity, Sead Osmani
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
The Constitutional And Counterterrorism Implications Of Targeted Killing : Hearing Before The S. Judiciary Subcomm. On The Constitution, Civil Rights, And Human Rights, 113th Cong., April 23, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks
Testimony Before Congress
Mr. Chairman, the mere mention of drones tends to arouse strong emotional reactions on both sides of the political spectrum, and last week's tragic events in Boston have raised the temperature still further. Some demonize drones, denouncing them for causing civilian deaths or enabling long-distance, "video game-like" killing, even as they ignore the fact that the same (or worse) could equally be said of many other weapons delivery systems. Others glorify drones, viewing them as a low- or no-cost way to "take out terrorists" wherever they may be found, with little regard for broader questions of strategy or the rule …
The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison
The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison
Journal of the National Association of Administrative Law Judiciary
The first two roles of the U.S. Attorney General from its inception were to represent the interests of the United States before the U.S. Supreme Court and to advise the President on matters of the law. Despite the Attorney General delegating both roles, the former to the Solicitor General and the latter to the Office of Legal Counsel (OLC), the Attorney General and the Department of Justice are by statute and tradition looked upon to be the protectors of the rule of law within the Executive Branch. It is to the Attorney General, and by delegation to the OLC, to …
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea, Theresa Chun
Buffalo Human Rights Law Review
No abstract provided.
Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth And Reconciliation Commission, Republic Of Korea, Mark A. Nathan, Eon Joo Park
Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth And Reconciliation Commission, Republic Of Korea, Mark A. Nathan, Eon Joo Park
Buffalo Human Rights Law Review
No abstract provided.
Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim
Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim
Buffalo Human Rights Law Review
No abstract provided.
Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante
Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante
Buffalo Human Rights Law Review
No abstract provided.
Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales
Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales
Buffalo Human Rights Law Review
No abstract provided.
Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik
Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik
Buffalo Human Rights Law Review
No abstract provided.
Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu
Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu
Buffalo Human Rights Law Review
No abstract provided.
Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon
Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon
Buffalo Human Rights Law Review
No abstract provided.
Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish
Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish
Buffalo Human Rights Law Review
This Article substantively introduces a special symposium issue on "Implementing Truth and Reconciliation: Comparative Lessons for Korea." Inspired by the Dec. 2010 release of the official report and recommendations of the Truth and Reconciliation Commission, Republic of Korea (TRCK), the special issue gathers comparative national and cross-national lessons from four nations -- South Korea, South Africa, Cambodia, and Peru -- on the factors that contribute to or hinder the effective implementation of truth commission recommendations and other efforts aimed at achieving national, community, and individual-level reconciliation. Such lessons are offered in the hope of assisting victim groups and other advocacy …
International Law And The Future Of Peace, Diane Marie Amann
International Law And The Future Of Peace, Diane Marie Amann
Presentations and Speeches
These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.
Stare What: The Fourth Circuit's Questionable Holding In U.S. V. Hamilton, Alice K. Womack
Stare What: The Fourth Circuit's Questionable Holding In U.S. V. Hamilton, Alice K. Womack
North Carolina Central Law Review
No abstract provided.
The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour
The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour
Cardozo Journal of International and Comparative Law
The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.
A Time For Presidential Power? War Time And The Constrained Executive, David Levine
A Time For Presidential Power? War Time And The Constrained Executive, David Levine
Michigan Law Review
Between 2002 and 2008 I served as an intelligence officer in the U.S. Air Force. Though I had been deployed overseas several times, my primary place of duty was in the United States. When I landed at Baghdad International Airport in June 2006, however, several things immediately changed for me as a result of military regulations. I had to carry my sidearm and dog tags at all times. I could not eat anywhere other than a U.S. military installation. I could not drink alcohol. My pay was a bit higher. Personally, I was more vigilant, more aware of my surroundings. …
Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa
Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa
Independent Study Project (ISP) Collection
The first use of the modern day attack drone by the United States was in Afghanistan in mid 2002, and for the past 11 years attack drones have been used by the United States in as many countries as Pakistan, Yemen and Somalia. When considering the alternatives to using drones, such as sending marines on the ground to complete a mission or flying a piloted jet over enemy territory to gather intelligence, as well as the military power that the use of these vehicles projects, the attack drone has become the weapon of choice in the war on terror for …
Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner
Lessons From Improvements In Military And Overseas Voting, Steven F. Huefner
University of Richmond Law Review
No abstract provided.
The Legality Of Armed Drone Strikes Against U.S. Citizens Within The United States, Marshall Thompson
The Legality Of Armed Drone Strikes Against U.S. Citizens Within The United States, Marshall Thompson
BYU Law Review
No abstract provided.
Is Jus In Bello In Crisis?, Jens David Ohlin
Is Jus In Bello In Crisis?, Jens David Ohlin
Cornell Law Faculty Publications
It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Pepperdine Law Review
The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …
The Constitution And National Security, Erwin Chemerinsky
The Constitution And National Security, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Review Of Eyal Benvenisti, The International Law Of Occupation (2d Ed., Oxford University Press 2012), Gregory H. Fox
Review Of Eyal Benvenisti, The International Law Of Occupation (2d Ed., Oxford University Press 2012), Gregory H. Fox
Law Faculty Research Publications
No abstract provided.
Rethinking The Utility Of Nuclear Weapons, Ward Wilson
Rethinking The Utility Of Nuclear Weapons, Ward Wilson
The US Army War College Quarterly: Parameters
No abstract provided.