Military, War, and Peace Commons^™

The Privatization Of The Use Of Force Meets The Law Of State Responsibility, Vanessa Ballesteros Moya

American University International Law Review

No abstract provided.

Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

Countering Islamic State Exploitation Of The Internet, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

National Insecurity: The National Defense Authorization Act, The Indefinite Detention Of American Citizens, And A Call For Heightened Judicial Scrutiny, 49 J. Marshall L. Rev. 69 (2015), Harvey Gee

UIC Law Review

This essay outlines the problems posed by the National Defense Authorization Act of 2012 (“NDAA”) and interprets the Act’s language to answer the question of: whether American citizens can be indefinitely detained under the NDAA?

Sexual Assault And Rape In The Military: The Invisible Victims Of International Gender Crimes At The Front Lines, Stella Cernak

Michigan Journal of Gender & Law

In the past several years in particular, intra-military sexual assault and rape in the U.S. armed forces have been the focus of frequent media attention and intense congressional debate. Despite reforms, the rate of intra-military sexual crimes continues to remain high, as does soldiers’ wariness to report instances of sexual violence to military commanders. These problems and others have invigorated the position taken by some that outside judicial review of intra- military sexual crimes is necessary to provide justice to victims and lower the rate of intra-military sexual assault and rape. This Note argues that one of the primary contributors …

Three Arguments About War, Robert Tsai

Scholarly Articles in Law Reviews & Journals

The rise of the United States as a military power capable of mounting global warfare and subduing domestic rebellions has helped produce a corresponding shift in the language of liberal constitutionalism. Arguments invoking war have become prevalent, increasingly creative and far-reaching, and therefore an emerging threat to rule of law values. It is not only legal limits on the capacity to wage war that have been influenced by the ascendance of war-inspired discourse; seemingly unrelated areas of law have also been reshaped by talk of war, from the constitutional rules of criminal procedure to the promise of racial and sexual …

Military Law: Time To Mandate Best Interests Of The Child To Restrict Deployments Of Parents That Affect Preschool Children, John A. Lynch Jr.

All Faculty Scholarship

As America viewed the first massive deployment of its all-volunteer force at the beginning of the first Persian Gulf War, one journalist commented:

When this war is over, Americans need to do some serious thinking about the all-volunteer armed forces, the one legacy of the Vietnam War with which the nation seemed comfortable. Among other things, we have to decide whether a single parent, and, in many cases, both parents, should be deployed in war zones.

Is the nation's reliance on an army of volunteers worth the emotional grief that comes from ripping military parents away from their children? Do …

Military Tribunals And Due Process In Post-Revolutionary Egypt, Bianca C. Isaias

The International Lawyer

No abstract provided.

Indefinite Detention In The War On Terror: Why The Criminal Justice System Is The Answer, Wesley S. Mccann

Loyola University Chicago International Law Review

No abstract provided.

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro

St. Mary's Law Journal

Abstract Forthcoming.

Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown

St. Mary's Law Journal

Abstract Forthcoming.

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.

The Killer Robots Are Here: Legal And Policy Implications, Rebecca Crootof

Law Faculty Publications

In little over a year, the possibility of a complete ban on autonomous weapon systems—known colloquially as “killer robots”—has evolved from a proposal in an NGO report to the subject of an international meeting with representatives from over eighty states. However, no one has yet put forward a coherent definition of autonomy in weapon systems from a law of armed conflict perspective, which often results in the conflation of legal, ethical, policy, and political arguments. This Article therefore proposes that an “autonomous weapon system” be defined as “a weapon system that, based on conclusions derived from gathered information and preprogrammed …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Faculty Scholarship

On September 22, 2014, a U.S.-led coalition began airstrikes against the so-called Islamic State in Syria. At the same time, the United States started targeting the Khorasan group in Syria. These two operations raise (again) the question of when States may use defensive force against non-State actors in other States. The text of the United Nations Charter does not resolve the question. Article 2(4) prohibits States from using force “against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.” Article 51 then recognizes “the inherent right to …

The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel Rauterberg

Faculty Scholarship

How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market.

Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis’s book Flash Boys. Critics say that HFTs use their speed in discovering changes in …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Assessing Soldiers' Mental Health: Meeting The Needs Of Veterans With Ptsd, Tbi, And Cte—Pre-Deployment, At Home, And In Court, Robert H. Ambrose

William Mitchell Law Review

No abstract provided.

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.

Awakening Self-Interest: American Military Justice In Afghanistan And Iraq, Frank Rosenblatt

Journal Articles

No abstract provided.

Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath

St. Mary's Law Journal

Abstract Forthcoming.

Airborne And Air Assault Operations, United States Army

United States Army: Field Manuals

Airborne and Air Assault Operations, United States Army Field Manual FM 3-99

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

A War For Liberty: On The Law Of Conscientious Objection, Jeremy K. Kessler

Faculty Scholarship

One common understanding of the Second World War is that it was a contest between liberty and tyranny. For many at the time – and for still more today – ‘liberty’ meant the rule of law: government constrained by principle, procedure, and most of all, individual rights. For those states that claimed to represent this rule-of-law tradition, total war presented enormous challenges, even outright contradictions. How would these states manage to square the governmental imperatives of military emergency with the legal protections and procedures essential to preserving the ancient ‘liberty of the subject’? This question could be and was asked …

Lawfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Search For Justice In A War-Filled World: Implementing The Just-War Theory, Hannah Schaefer

Augustana Center for the Study of Ethics Essay Contest

This paper is about addressing conflict using ethical methods. Strategies that are highlighted include nonviolent protests and behaviors before, during, and after engaging in a war with the end goal being justice and peace.

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

A History Of The Law Clinics At St. Mary's University School Of Law., Sue Bentch

St. Mary's Law Journal

Abstract Forthcoming.

Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards

Loyola of Los Angeles Law Review

No abstract provided.

Innovation Worth Sharing: Seeking Balance Between Innovation Policy And National Security, Alexandra H. Katich

Cardozo Journal of International and Comparative Law

The note examines the tension between promoting innovation and safeguarding national security, focusing on the Invention Secrecy Act of 1951. It argues that while the Act is designed to protect sensitive inventions, extending its secrecy powers to economically significant patents would be counterproductive, unconstitutional, and harmful to U.S. competitiveness. The analysis highlights the challenges of balancing economic security, intellectual property rights, and the constitutional mandate to promote scientific progress.