Military, War, and Peace Commons^™

What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho

St. Mary's Law Journal

Abstract forthcoming.

The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai

Mitchell Hamline Law Review

No abstract provided.

Combating For-Profit Education’S Use Of Erroneous, Deceptive, And Misleading Practices Against Veterans And The Gi Bill, Luke R. Nelson

Mitchell Hamline Law Review

No abstract provided.

Legal Strategies For Defending The Combat Veteran In Criminal Court, Brockton D. Hunter, Ryan Christian Else

Mitchell Hamline Law Review

No abstract provided.

The Minnesota Stand Down Model: Bringing Stand Down Courts To Rural Communities, Sara Sommarstrom

Mitchell Hamline Law Review

No abstract provided.

Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, Benjamin M. Kline

Mitchell Hamline Law Review

No abstract provided.

A New Remedy For Junk Science: Article 11.073 And Texas's Response To The Changing Landscape In The Forensic Sciences., Trevor Rosson

St. Mary's Law Journal

Abstract Forthcoming.

No Appropriation Without Compensation: How Per Se Takings Of Personal Property Check The Power To Regulate Commerce., William Sumner Macdaniel

St. Mary's Law Journal

Abstract Forthcoming.

Pipe(Line) Dreams Post-Denbury Green., Nicholas Laurent, Christopher Oddo

St. Mary's Law Journal

In Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, the Beaumont Court of Appeals articulated the test that should be applied when considering whether the condemnation of private property, which would result favorably for pipeline companies, should be allowed. In Denbury, the Beaumont Court of Appeals balanced the protection of private property rights against the need for true common carrier pipeline companies to condemn private property. The court held that in order to condemn private property, a substantial public interest must exist to justify such condemnation. The Texas Supreme Court, however, reversed the decision of the Beaumont Court of …

Tx Rice V. Denbury., Thomas Alan Zabel

St. Mary's Law Journal

Abstract Forthcoming.

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser

Law Student Publications

This article aims to offer a solution for prosecuting terrorists consistently and efficiently in the ever-expanding world of modern warfare. It argues that our country's approach to prosecuting terrorists has been wildly inconsistent, and that clarity and consistency are required moving forward. The executive branch, which directs the path the Department of Justice and military take in these arenas, has been the main instigator of the inconsistency. The decision whether to prosecute foreign, non-citizen terrorists in an Article III federal court or military tribunal/commission has become politicized, allowing political winds to dictate policy, albeit an inconsistent, unprincipled one. The Bush …

The English Rule - It Ain't English, And Ought Not Be American., Timothy M. Mulligan

St. Mary's Law Journal

Abstract Forthcoming.

The Demise Of Anti-Panhandling Laws In America., Natie Pilgram Neidig

St. Mary's Law Journal

Abstract Forthcoming.

The Exclusionary Rule And The Dueling Legacies Of Utah V. Streiff: Which Will Be Suppressed., Marcos Herrera

St. Mary's Law Journal

Abstract Forthcoming.

Force Majeure: How Lessees Can Save Their Leases While The War On Fracking Rages On., Allison R. Ebanks

St. Mary's Law Journal

Abstract Forthcoming.

Government Speech And The War On Terror, Helen Norton

Publications

The government is unique among speakers because of its coercive power, its substantial resources, its privileged access to national security and intelligence information, and its wide variety of expressive roles as commander-in-chief, policymaker, educator, employer, property owner, and more. Precisely because of this power, variety, and ubiquity, the government's speech can both provide great value and inflict great harm to the public. In wartime, more specifically, the government can affirmatively choose to use its voice to inform, inspire, heal, and unite -- or instead to deceive, divide, bully, and silence.

In this essay, I examine the U.S. government's role as …

Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters

Articles by Maurer Faculty

War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …

Early Non-Military Intervention To Prevent Atrocity Crimes, Sarah Lesser

Cardozo Journal of Conflict Resolution

This Note explores the possibility of victim-offender mediation or negotiation as a means of early non-military intervention for atrocity crimes, in situations in which indicators from Risk Factor 7 of the U.N. Framework of Analysis are present, and argues that the international community should turn to such forms of mediation and negotiation more often in order to prevent atrocities. Section II provides a brief history of atrocity prevention, and explores other proposals for early warning and non-military intervention. This section also highlights the shortcomings of existing atrocity prevention models. Section III evaluates situations in which victim-offender mediation and negotiation have …

The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat, are …

Transfer Of Ownership In Orbit: From Fiction To Problem, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

For many years, the concept of transfer of ownership of a satellite in orbit was not something on the radar screen of anyone seriously involved in space law, if indeed it was not considered a concept of an essentially fictional nature. Space law after all developed, as far as the key UN treaties were concerned, in a period when only States—and only very few States at that—were interested in and possessed the capability of conducting space activities, and they did so for largely military/strategic or scientific purposes. The idea of transferring ownership over satellites or other spacecraft involved in such …

Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, Mark Reith

Faculty Publications

This article examines how the nation could better prepare to deter aggressive action in space and cyberspace, and if necessary, prevail should deterrence fail. The key themes throughout this article include a strong need for space and cyber situational awareness, the need for an international attribution and escalation framework, and a national investment in space and cyber education, along with an updated national strategy and military doctrine. Although related, this article focuses on deterrence and avoids the topic of cyber coercion.

For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser

University of Richmond Law Review

No abstract provided.

Legacies Of Nuremberg, John Q. Barrett

Faculty Publications

(Excerpt)

I am very grateful to the leaders and sponsoring organizations that have brought the Dialogs together for ten years, particularly this year in this very special place. I also thank, humbly, Germany and Nuremberg. We are seventy years out from a Nuremberg trial process that was filled with participants who could not have imagined the Germany, the Nuremberg city of human rights, and their sponsorship and teaching, that we all are beneficiaries of today. It is to the great credit of today's generations of German leaders that they have built this Nuremberg.

My topic, "The Legacy of Nuremberg," is …

United States V. Mcintosh: Ninth Circuit Limits Federal Prosecutors From Spending To Enforce Marijuana Laws In Medicinal States., Daniel Haley

St. Mary's Law Journal

Abstract Forthcoming.

Covenants Running With The Land., Michael P. Pearson

St. Mary's Law Journal

The analysis of real covenants in wellhead contracts (e.g., gas purchasing, gathering, processing, etc.) by Texas courts has not been consistent. As a result, some bankruptcy courts are holding that a debtor in bankruptcy is not liable for a prior contractual obligation, unless the covenant is held to be a real covenant running with the land. For instance, the holding in In re Sabine Oil & Gas Corp. (Sabine I) contradicts the holdings in Westland Oil Development Corp. v. Gulf Oil Corp. and in Inwood North Homeowners' Association, Inc. v. Harris. The Sabine I court held that because the Acreage …

A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks

Faculty Journal Articles and Book Chapters

To what extent does the law of armed conflict (LOAC) apply to the United States military fighting in armed conflicts? Though the question seems straightforward enough, the answer is anything but. This article explains, in general, why the answer is imprecise and unsatisfying as applied to the most prevalent type of contemporary armed conflict, non-international. More specifically, this article argues that the U.S. government's primary response of claiming to apply LOAC as a matter of policy when and where that law wouldn't otherwise apply is superficially persuasive but not substantively responsive.

The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, Chris Jenks

Faculty Journal Articles and Book Chapters

Unbeknownst to many, Lethal Autonomous Weapons (LAWS) have existed for decades, but they have largely been defensive and anti-material. However, as increasingly advanced defensive LAWS, such as complex swarming systems, become more prominent, states will assuredly develop ways to counter, including offensive LAWS. Certainly, the near-term developmental focus of such systems will be on operational environments in which there are relatively low risk of injury or death to civilians or untoward incidents in general, but it is a matter of when, not if, these systems will be widely used in direct combat situations. As such, LAWS are a frequent topic …

Terrorist Watchlists, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This chapter assesses the legal history and policy development of the U.S. government's system of terrorist watchlists and the institutions established to create and use them. Watchlisting is in fact an old practice given new meaning by technological change and the societal impact of the September 11, 2001, terrorist attacks. Statutes and judicial precedents from an earlier era on which the first post-9/11 watchlists were built were not made to regulate the expanded uses of the new watchlists and presented few if any constraints on their development. Civil litigation has both revealed the inner workings of terrorist watchlists and spurred …

Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.