Military, War, and Peace Commons^™

Dust In The Wind: Regulation As An Essential Component Of A Sustainable And Robust Wind Program, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Reflections On Now And Then, Jack Frazer

Mighty Pen Project Anthology & Archive

Jack Frazer juxtaposes past and present in a poem reflecting on his experience, losses, and consequences of the Vietnam War.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

The Company, David Aldridge

Mighty Pen Project Anthology & Archive

A soldier returning to Vietnam for his second tour is mistaken for a VIP and enjoys some accidental perks on his way to rejoin his friends.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and …

Pitchers And Catchers, David Aldridge

Mighty Pen Project Anthology & Archive

A soldier in Vietnam deals with a personnel issue immediately following his assignment to three-six; two male soldiers involved in what was at the time a violation of military code.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience …

Into The Unknown, Ken Mick

Mighty Pen Project Anthology & Archive

An Army pilot grapples with the consequences of captured gear during a mission in Vietnam—what appears to be friendly fire may not be as simple as it looks.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both …

The Liberty To Spy, Asaf Lubin

Articles by Maurer Faculty

Many, if not most, international legal scholars share the ominous contention that espionage, as a legal field, is devoid of meaning. For them, any attempt to extrapolate the lex lata corpus of the International Law of Intelligence (ILI), let alone its lex scripta, would inevitably prove to be a failed attempt, as there is simply nothing to extrapolate. The notion that international law is moot as to the question of if, when, and how intelligence is to be collected, analyzed, and promulgated, has been repeated so many times that it has become the prevailing orthodoxy.

This paper offers a new …

United States Army Air And Missile Defense Operations, United States Army

United States Army: Field Manuals

United States Army Air and Missile Defense Operations, United States Army Field Manual FM 3-01

In Search Of Answers: U.S. Military Investigations And Civilian Harm, Center For Civilians In Conflict (Civic), Human Rights Institute

Human Rights Institute

For the families and communities of civilians killed and injured by the U.S. military, it can be very difficult to find out why their relative was harmed, and what – if anything – the military may do to acknowledge, explain, or compensate their loss. The military can never fully remedy the death of a loved one or the destruction of a family’s livelihood. Yet effective military investigations into civilian harm can help answer important questions for affected civilians, provide a basis for appropriate redress, promote accountability, and allow the military to learn valuable lessons for avoiding or mitigating similar harm …

On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …

The Weaponization Of Poverty: An Investigation Into United States Military Recruitment Practices In High Schools Of Low-Income Communities In The Inland Empire, Michael Springer-Gould

Pitzer Senior Theses

Military recruitment in the United States is a highly contentious subject that has yielded a multitude of prior research across a variety of academic concentrations. To further the conversation, I narrow my focus to Southern California’s Inland Empire (IE) to explore practices of military recruitment in high schools that serve students in low-income communities. I begin with a general overview of life and labor in the Inland Empire before moving into prior research on military recruitment. My empirical research consists of five in-depth interviews documenting the lived experiences of individuals hailing from and attending high school in low-income communities of …

Academic And Practitioner Perspectives On The Ilc Draft Articles On Prevention And Punishment Of Crimes Against Humanity As Adopted On Second Reading, Charles C. Jalloh, Leila N. Sadat

Articles

No abstract provided.

Strengthening American War Crimes Accountability, Geoffrey S. Corn, Rachel E. Vanlandingham

American University Law Review

The United States needs to improve accountability for its service members’ war crimes. President Donald J. Trump dangerously intensified a growing national misunderstanding regarding the critical nexus between compliance with the laws of war and the health and efficacy of the U.S. military. This Article pushes back against such confusion by demonstrating why compliance with the laws of war, and accountability for violations of these laws, together constitute vital duties owed to our women and men in uniform.

This Article reveals that part of the fog of war surrounding criminal accountability for American war crimes is due to structural defects …

War On The Wards: The Collapse Of Health Care Infrastructure Resulting From Violent Conflict, Nathan Hersh, Amy Hagopian, Barry Levy

Phase 1

Introduction: While utilizing satellite images to verify reports of hospital damage resulting from armed conflict allows for remote assessment, the use of private satellites to gain access to images prohibits widespread use. The questions this study sought to answer were: Is it possible to replicate the findings of previous reports of hospital damage that used the services of private satellite imagery using open source software, such as Google Earth? What variations exist among the different sites where damage to hospitals is visible, and what gradation is possible? Is this methodology applicable to other examples of armed conflict?

Methods: Using the …

Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?, Amy Greer Ph.D.

Roger Williams University Law Review

No abstract provided.

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Articles

In 2017, the International Law Commission ("ILC") which was established by the UN General Assembly in 1947 to assist States with the promotion of (1) the progressive development of international law and (2) its codification, adopted on first reading a draft convention on crimes against humanity which it transmitted to States for comments. The draft convention seeks to help fill the present gap in the law of international crimes since States criminalized genocide in 1948 and war crimes in 1949, but missed the opportunity to do so for crimes against humanity. This Article examines the first reading text, as submitted …

Citizenship Denied: Implications Of The Naturalization Backlog For Noncitizens In The Military, Ming H. Chen

Publications

The immigration system is in crisis. Long lines of asylum seekers at the border and immigrants in the interior spend years waiting for their day in immigration court. This is true in the agencies that process applications for immigration benefits from legal immigrants as well. Since 2016, delays in naturalization have increased to historic proportions. The problem is even worse for military naturalizations, where delays are accompanied by denials and overall declines in military naturalizations. It is the latest front in the battle on legal migration and citizenship.

These impediments to citizenship demonstrate an extreme form of policies collectively dubbed …

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been …

The Canary In The Military Justice Mineshaft: A Review Of Recent Sexual Assault Courts-Martial Tainted By Unlawful Command Influence, Mark Visger

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Discarded Loyalty: The Deportation Of Immigrant Veterans, Deenesh Sohoni, Yosselin Turcios

Lewis & Clark Law Review

The United States has a long history of using the foreign born to meet its mil- itary demands. For many immigrants, military service served both as a way to demonstrate loyalty to their adopted country, and to facilitate their naturali- zation process. However, over the past several decades an increasing number of foreign-born veterans have found themselves being deported, despite their honorable service, for having committed criminal acts. In many cases, these veterans were never given a chance to contest their deportations due to their status as non-citizens. This Article compares the deportation of non-citizen veterans today, with the failure …

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming

The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams

Scholarly Articles in Law Reviews & Journals

On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …

Documentation For Accountability, Paul Williams, Jessica Levy

Scholarly Articles in Law Reviews & Journals

The cost of armed conflict is borne not only in the stark number of lives lost, but also in the grave atrocity crimes committed during these periods. Despite the legal protections set forth in the Geneva Conventions and other foundational documents of international humanitarian law, perpetrators continue to commit crimes against humanity, war crimes and genocide. Documenting these atrocity crimes has become a crucial step in efforts to secure justice for victims and survivors of these atrocities. To support the expanding field of human rights documentation, the international community must redouble its efforts to ensure that civil society actors engaged …

Inter-American Commission On Human Rights' Observer At The Amia Bombing Trial, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter

Cardozo Law Review de•novo

This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.

Employers Should Owe A Duty Of Loyalty To Their Workers, Andrew Melzer, David Tracey

Cardozo Law Review de•novo

An employee’s overarching legal commitment to his or her employer is commonly known as the “duty of loyalty.” This lopsided duty of loyalty exacerbates the inordinate power that employers possess over their workers. We propose that the duty of loyalty owed by workers to their employers be made reciprocal: employers should also owe a general duty of loyalty and care towards their employees.

Citizen Soldiers And The Foundation Fusion Of Masculinity, Citizenship, And Military Service, Jamie Abrams, Nickole Durbin

Scholarly Articles in Law Reviews & Journals

Sarah Livingston Jay famously toasted revelers in 1783: "May all our citizens be soldiers, and all our soldiers citizens." This toast conveyed "a foundational fusion" within our republican government tradition-coupling military service, citizenship, and masculinities.' The Akron Law School's conference on the 100th anniversary of the passage of the Nineteenth Amendment offered the chance to fight the eulogization of the Nineteenth Amendment and explore its modern relevance. This paper concludes that the Nineteenth Amendment cannot be understood without connecting it to broader conceptions of citizenship, masculinities, and military service, thus revealing its ongoing relevance to military inclusion and integration.

In …

Bent Nose Row, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young man joins a boxing club and learns some hard lessons about the world.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

What Was He Thinking, Jack Frazer

Mighty Pen Project Anthology & Archive

A law enforcement negotiator tries to make sense of the aftermath of a failed negotiation.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Discovery, Kathleen Harrison

Mighty Pen Project Anthology & Archive

A Marine reflects on the cyclic nature of mental health through her experience with depression and recovery.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.