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Articles 91 - 120 of 151
Full-Text Articles in Military, War, and Peace
Righting Past, Present And Future Wrongs, Rhona Smith
Righting Past, Present And Future Wrongs, Rhona Smith
Human Rights & Human Welfare
Three legal issues are raised by the centerpiece of this month’s Roundtable: Does the legal definition of torture include “enhanced interrogation techniques”? What are the legal responsibilities of a State when torture is committed by its agents? and What should the State do now to prevent future violations of human rights? In other words, one must characterize the actions of the past, ameliorate the damage in the present, and prevent a recurrence in the future.
June Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“The Red Cross Torture Report: What It Means.” by Mark Danner. The New York Review of Books. April 30, 2009.
Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter
Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter
Human Rights & Human Welfare
Danner’s NY Review of Books treatise on torture calls our attention to many significant issues, but in his key argument he is critically wrong.
Torture—And Our Broader Understanding Of Human Rights, Mark Gibney
Torture—And Our Broader Understanding Of Human Rights, Mark Gibney
Human Rights & Human Welfare
Like most other human rights scholars, I am appalled at the idea that those people in the Bush White House who designed the administration’s policy on torture (but calling it something else) will in all likelihood go unpunished. In my view, the law is clear on this matter: those who directed and/or carried out torture must be held accountable for their actions. However, rather than focusing on the issue of accountability, I will use the issue of torture to make a broader point about how we have come to conceptualize the extent and scope of a state’s human rights obligations.
The Moral High Ground In An Age Of Vulnerability, Tyler Moselle
The Moral High Ground In An Age Of Vulnerability, Tyler Moselle
Human Rights & Human Welfare
Mark Danner’s New York Review of Books piece on torture in conjunction with John Nichols’ comment on the Bush administration, outline moral, legal and political problems related to the global war on terrorism and the ascendancy of the American imperial presidency. Most people seem to be repulsed by the idea of torture but are not morally committed enough or fully dedicated to prevent it from being employed to defend their way of life. Torture is a policy decision predicated on fear, self-defense, and vulnerability in an age of globalized insurgency: one way to respond is to take the moral high …
Flying Under The Radar Or An Unnecessary Intelligence Watchdog: A Review Of The President's Foreign Intelligence Advisory Board, Christine E. Hinrichs
Flying Under The Radar Or An Unnecessary Intelligence Watchdog: A Review Of The President's Foreign Intelligence Advisory Board, Christine E. Hinrichs
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, John Yoo
Responses To Ten Questions, John Yoo
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Stephen Dycus
Responses To Ten Questions, Stephen Dycus
William Mitchell Law Review
No abstract provided.
National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies
National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies
William Mitchell Law Review
No abstract provided.
Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust
Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust
William Mitchell Law Review
No abstract provided.
An Overt Turn On Covert Action, Afsheen John Radsan
An Overt Turn On Covert Action, Afsheen John Radsan
Faculty Scholarship
Long past the soul-searching of Watergate, very few people question the need for covert action as a part of American foreign policy. The world is so dangerous after 9/11 that it would be irresponsible to suggest that our intelligence agencies should be disbanded or that our government should acknowledge everything it does on the dark side. Today the question is not whether we should engage in covert action at all, but how often and under what circumstances.
Not everything stays secret. Our Nation has been conducting covert action with greater transparency and more congressional participation than during the Cold War. …
Responses To Ten Questions, Marion "Spike" Bowman
Responses To Ten Questions, Marion "Spike" Bowman
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Victor Hansen
Responses To Ten Questions, Victor Hansen
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Scott Horton
Responses To Ten Questions, Scott Horton
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Michael J. Kelly
Responses To Ten Questions, Michael J. Kelly
William Mitchell Law Review
No abstract provided.
Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz
William Mitchell Law Review
No abstract provided.
Security Vs. The Law: A False Choice, Walter F. Mondale
Security Vs. The Law: A False Choice, Walter F. Mondale
William Mitchell Law Review
No abstract provided.
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This article asserts the thesis that customary international law (CIL), even in the absence of any new treaty, already provides a legal regime constraining the testing and use in combat of anti-satellite (ASAT) weapons. This argument, if validated, is important for both legal and public policy considerations: the world (especially, but not only, the United States) has grown increasingly dependent upon satellites for the performance of a wide array of commercial and military functions. At the same time, because of this growing reliance (and hence vulnerability), interest has surged in developing novel systems for attacking a potential enemy’s satellites – …
A New, Balanced System Of Detention: An Analysis Of Neal Katyal And Jack Goldsmith's Proposal For "A Terrorists' Court", Leah Ceee O. Boomsma
A New, Balanced System Of Detention: An Analysis Of Neal Katyal And Jack Goldsmith's Proposal For "A Terrorists' Court", Leah Ceee O. Boomsma
William Mitchell Law Review
No abstract provided.
A Legion Of Worries: National Security Reporting In The Age Of The War On Terror, Katherine L. Johnson
A Legion Of Worries: National Security Reporting In The Age Of The War On Terror, Katherine L. Johnson
William Mitchell Law Review
No abstract provided.
Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss
Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss
William Mitchell Law Review
No abstract provided.
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
William Mitchell Law Review
No abstract provided.
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
William Mitchell Law Review
No abstract provided.
Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark
Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark
William Mitchell Law Review
No abstract provided.
Trying Terrorists, Brian S. Carter-Stiglitz
Trying Terrorists, Brian S. Carter-Stiglitz
William Mitchell Law Review
No abstract provided.
Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon
Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon
William Mitchell Law Review
No abstract provided.
Lawfare And Legal Ethics In Guantánamo, David Luban
Lawfare And Legal Ethics In Guantánamo, David Luban
Georgetown Law Faculty Publications and Other Works
This paper, part of a symposium on the legal profession, focuses on the lawyers – some civilian and some military – who represent detainees at Guantánamo Bay. These include civilian counsel representing Guantánamo prisoners in habeas proceedings, as well as civilian and military defense counsel for those facing trial before military commissions. Using published sources as well as interviews with some of the lawyers, the paper examines the tactics by which the U.S. government has tried to disrupt the effective representation of Guantánamo detainees. In the case of habeas lawyers, whose very presence at Guantánamo is unwelcome by the government, …
Punish Or Surveil, Diane Marie Amann
Punish Or Surveil, Diane Marie Amann
Scholarly Works
This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were …
The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton
The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton
William Mitchell Law Review
No abstract provided.