Military, War, and Peace Commons^™

The History Of Veterans Benefits: From The Time Of The Colonies To World War Two, Mariano Ariel Corcilli

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Editor In Chief Comment And Acknowledgments

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Computer Fraud And Abuse Act: Protecting The United States From Cyber-Attacks, Fake Dating Profiles, And Employees Who Check Facebook At Work, Kristin Westerhorstmann

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Too Few Cadavers: How The Law Is Limiting Army And Civilian Surgical Training, Tara M. Irani

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts

Faculty Publications

No abstract provided.

Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer

Indiana Law Journal

“We are a nation of laws, not men.” This motto—made famous by the Supreme Court case Marbury v. Madison1—has existed since the founding of the United States. This maxim embodies the sentiment that, in order to prevent tyranny, citizens should be governed by fixed law rather than the whims of a dictator. In his decision, Chief Justice John Marshall did not qualify his remarks by saying, “we are a nation of laws, except in time of war.” Indeed with the modern U.S. military, Cicero’s observation that “[l]aws are inoperative in war” has never been further from the truth. Never before …

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

Articles

In this section: • United States Adjusts Aid to Egypt in Light of Legal and Political Developments • P51 and Iran Reach Agreement on Iranian Nuclear Program; Obama Administration Seeks Congressional Approval • United States Authorizes New Sanctions Program Aimed at Foreign Perpetrators ofCyberattacks and Cyberexploits • Normalization of Cuba-U.S. Relations Continues • U.S. Navy Continues Freedom of Navigation and Overflight Missions in the South China Sea Despite China’s “Island-Building” Campaign • U.S. Department of Justice Charges Leaders of FIFA, Affiliate Soccer Organizations, and Sports Marketing Companies in 47-Count Indictment

Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno

University of Michigan Journal of Law Reform

Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …

The Suez Crisis Of 1956 And Its Aftermath: A Comparative Study Of Constitutions, Use Of Force, Diplomacy And International Relations, Pnina Lahav

Faculty Scholarship

This article compares and juxtaposes constitutional war powers (deployed by the belligerents) and diplomacy (deployed by the US) as means of pursuing foreign policy during the 1956 Suez crisis.

In the fall of 1956 the United Kingdom, France and Israel launched a war against Egypt. It soon became clear that this was a coordinated effort. The war started a few days before the US presidential elections but the parties did not share their plans with President Eisenhower. The Hungarian rebellion and the Soviet invasion of Hungary occurred at the same time. Within weeks, the United States, in cooperation with the …

Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss

International Law Studies

In her speech at the Munich Security Conference in February 2015, Chancellor Angela Merkel unwaveringly said: “Europe’s borders are and will remain unalterable.” At the same time, however, most observers agree that Crimea will remain de facto under Russian control. Against this backdrop the article assesses the contemporary and possible future legal status of Crimea. Particular attention is given to the inseparability of the link between Russia’s unlawful use of force and the purported territorial status alteration of Crimea, the concept of remedial secession and Crimea’s current status as an occupied territory.

Kaset Rojananil [Thailand, Royal Thai Armed Forces], Kaset Rojananil

Digital Narratives of Asia

Kaset Rojananil was the Supreme Commander of the Royal Thai Armed Forces during the Black May riots of 1992 and was involved in the 1991 coup to overthrow the government of Chatichai Choonhavan. He gives DNA his take on those events as well as what it takes to be a leader in the military.

Second-Guessing Congress On Military Commissions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Kick The Door Down With Airsea Battle…Then What?, Martin N. Murphy

The US Army War College Quarterly: Parameters

No abstract provided.

Commentary And Reply, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Security Assistance In Africa: The Case For Less, Kersti Larsdotter

The US Army War College Quarterly: Parameters

No abstract provided.

Socio-Cultural Intelligence And National Security, Robert R. Tomes

The US Army War College Quarterly: Parameters

No abstract provided.

Intellectual Capital: A Cautionary Note, Anna Simons

The US Army War College Quarterly: Parameters

No abstract provided.

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash

Michigan Law Review

With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …

Intellectual Capital: A Case For Cultural Change, Everett S. P. Spain, J. D. Mohundro, Bernard B. Banks

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

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.

Beyond Information Sharing: Nato And The Foreign Fighter Threat, John R. Deni

The US Army War College Quarterly: Parameters

No abstract provided.

Has The United States Lost The Ability To Fight A Major War?, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

Security Assistance In Africa: The Case For More, Kristen A. Harkness

The US Army War College Quarterly: Parameters

No abstract provided.

Insider Threats And Organizational Root Causes: The 2009 Fort Hood Terrorist Attack, Amy Zegart

The US Army War College Quarterly: Parameters

No abstract provided.

Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch

International Law Studies

The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …

State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley

Georgia Journal of International & Comparative Law

No abstract provided.

The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr

Georgia Journal of International & Comparative Law

No abstract provided.

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …

Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland

International Human Rights Law Journal

Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …