Rotc News, Georgia Southern University, Rotc

College of Science & Mathematics: News & Publications (2012-2022)

Gov. Deal Signs Bill for $9.5M ROTC Bldg

Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon

Pepperdine Law Review

This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with the Framers’ …

Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies

Law Faculty Scholarship

No abstract provided.

What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch

Buffalo Human Rights Law Review

No abstract provided.

Circumventing The Constitution For National Security: An Analysis Of The Evolution Of The Foreign Intelligence Exception To The Fourth Amendment’S Warrant Requirement, Sarah Fowler

University of Miami National Security & Armed Conflict Law Review

Though few are even aware of its existence, the foreign intelligence exception to the Fourth Amendment’s warrant requirement affects the lives of nearly every American. Recent leaks of top-­‐secret National Security Administration documents depict how the government has morphed the exception into a massive catch all that allows intelligence agencies to perform invasive searches without a warrant and in complete disregard of the Constitution. The foreign intelligence exception began as a narrow tool to shield sensitive national security investigations, but its application has reached an alarming breadth.

This note explores the creation and expansion of the foreign intelligence exception, tracing …

The National Security Implications And Potential Solutions For The Unintended Consequences Of The 1980 Bayh-­‐Dole Act On Brain-­‐Injured Veterans From The Wars In Iraq And Afghanistan, Colonel Noel Christian Pace

University of Miami National Security & Armed Conflict Law Review

Traumatic brain injury (TBI) is the “signature wound” seen in veterans from the wars in Iraq and Afghanistan, from which the U.S. now has over 20,000 young veterans living with TBI. However, some unintended consequences of the Bayh-­‐Dole Act of 1980, a law designed to tap the “secret weapon” of federally funded research & development (R&D) to help the U.S. return to competitiveness after the recession of the late 1970’s, are now preventing these heroes from getting the treatment and cures they need. This article reviews the history of American academia’s close cooperation with the U.S. government in solving military …

Don’T Let Slip The Dogs Of War: An Argument For Reclassifying Military Working Dogs As “Canine Members Of The Armed Forces”, Michael J. Kranzler

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

A Regime In Need Of Balance: The Un Counter-­Terrorism Regimes Of Security And Human Rights, Isaac Kfir

University of Miami National Security & Armed Conflict Law Review

Since 9/11, the UN’s counter-­‐terrorism regime has developed two distinct approaches to combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. On the other hand, the General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-­‐based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the …

Drones At Home: Domestic Drone Legislation -- A Survey, Analysis And Framework, Colonel Dawn M.K. Zoldi

University of Miami National Security & Armed Conflict Law Review

Can the government employ drones domestically without running roughshod over personal privacy? In an effort to preemptively rein in potential government overreach, most states have proposed legislation that restricts or forbids government drone use. The intent is to prevent drone use for warrantless information and evidence collection. Ironically, many of these proposals will have the opposite affect intended. State-­‐by-­‐state drone legislation may lead to consequences such as the erosion of Fourth Amendment jurisprudential principles, losses of life and property, procedural windfalls to criminals, and deleterious effects on the military.

Lawmakers should take a nuanced approach to government drone use rather …

Biodefense And Constitutional Constraints, Laura K. Donohue

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Responsibility To Protect: Arab Spring Perspectives, Rob Dickinson

Buffalo Human Rights Law Review

In this article important issues of legitimacy of government and external interference in the affairs of a State are raised. As a prelimi- nary, the rights and obligations of a State with regard to territorial integrity and sovereignty are considered, prior to analyses of the emergent concept of the responsibility to protect and the principle of self-determination. The article then takes into account events of the Arab Spring, before the author concludes by drawing lessons for States, not only those whose people look to change their own govern- ments, or style of governments, but also those intent on intervention in …

The Chaplaincy Exception In International Humanitarian Law: "American-Born Cleric" Anwar Awlaki And The Global War On Terror, K. Benson

Buffalo Human Rights Law Review

Anwar al-Awlaki, frequently described by the media as an "Ameri- can-born cleric," was the first American citizen to be targeted for extrajudicial assassination by the Obama administration as part of the Global War on Terror (GWOT). While there have been scholarly works considering the legality of his killing under domestic law, none have examined his status as a chaplain under International Humanita- rian Law (IHL), what this designation could mean for the legality of Anwar al-Alwaki's killing, or what his killing could mean for the GWOT in general. This paper provides a necessarily brief history of Al Qaeda in the …

Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, Marc Edward Rosenthal

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts

Faculty Publications

Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6%of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school clinics across the country …

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …

In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner

Faculty Publications

No abstract provided.

The War Powers Resolution Of 1973 And Its Relevance In The “War On Terror”, Samuel Day

Political Science Theses and Capstones

In September of 2013, President Obama asked Congress to take a vote that would authorize the United States to use military drones against the Syrian army and provide support for the Syrian rebels. This action by President Obama raised the question that many have been wondering since the creation of our country, who has the power to declare war and initiate hostilities against those who threaten the United States? My thesis focuses on the War Powers Resolution of 1973 and the arguments surrounding its Constitutionality, specifically the arguments supporting the Executive or Legislative branches. For my research supporting the argument …

National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic

Lewis B. Puller, Jr. Veterans Benefits Clinic

No abstract provided.

Racial Templates, Richard Delgado, Juan F. Perea

Michigan Law Review

This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched all the way to …

The Us And Human Rights: A Federalist Society Debate, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams

Brigham Young University Journal of Public Law

There are many good reasons why the military justice system is different than the civilian system. Much deserves to be said about why commanders must retain oversight and control over the court-martial process. The purpose of this paper is more limited in scope. It is to demonstrate that a court-martial panel is not a true jury and that the commander should retain the authority to review its findings for this reason alone.

China's North Korea Policy: Rethink Or Recharge?, Andrew Scobell, Mark Cozad

The US Army War College Quarterly: Parameters

No abstract provided.

Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel

Michigan Journal of International Law

Important experiments in international criminal justice have been taking place at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), a tribunal created by the United Nations and Cambodian Government to adjudicate some of the most egregious crimes of the Pol Pot era.2 The tribunal opened its doors in 2006, and although its work continues, its first seven years of operations provide an opportunity to evaluate its performance and judge the extent to which legal and institutional experiments at the ECCC have been successful to date. This Article will show that, in general, the ECCC’s most unique and …

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …

Forking Paths: War After Afghanistan, Michael Evans

The US Army War College Quarterly: Parameters

No abstract provided.

Predicting Future War, Robert A. Johnson

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.