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Into The Wind: Rhett Butler And The Law Of War At Sea, John Paul Jones

Law Faculty Publications

In this article, Prof. Jones reviews Scarlett O'Hara reported in the novel Gone with the Wind about Rhett Butler's career as a blockade runner for the Confederacy, and speculates about what the law of war at sea might have meant for Captain Butler's commercial operations. He focuses on three aspects of the law of war at sea-capture or prize, blockade, and neutrality.

Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon

St. Mary's Law Journal

Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …

A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

Treaty Implementation: Lessons Taught By U.S./U.K. Cooperation Under The Nato Status Of Forces Agreement, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

European Court Of Human Rights Overturns British Ban On Gays In Military, Richard Kamm

Human Rights Brief

No abstract provided.

Book Review: New Chemical Weapons Convention: Implementation And Prospects, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Review of The New Chemical Weapons Convention: Implementation and Prospects by Michael Bothe, Natalino Ronzitti, and Allan Rosas (1998).

This book, a fine-grained, expert-level analysis of several of the most intricate legal and policy issues arising in connection with the 1993 Chemical Weapons Convention (CWC), also serves as a vivid symbol of the "coming of age" of arms control. For all their strategic significance and political innovation, earlier generations of arms control treaties--bilateral or multilateral, concerning nuclear, chemical, biological, or other weapons--could not plausibly have spawned this type of 600-page exegesis or inspired the painstaking, inch-by-inch explorations presented in its …

Book Review, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.

Faculty Scholarship

The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.

The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Origins And Application Of The Military Deference Doctrine, John F. O'Connor

Georgia Law Review

Although the military deference doctrine is often thought to have originated in Supreme Court decisions in the nineteenth century, the doctrine actually is of fairly recent vintage, being traceable to four decisions issued by the Burger Court between 1974 and 1976. The military deference doctrine is (and should be) limited to constitutional issues where courts weigh the extent of the government's interest in determining the constitutionality of the practice at issue. In addition,although the doctrine is oft- criticized by legal scholars,it remains a viable and robust part of the Supreme Court's constitutional jurisprudence

Trends. Psychological Discord At The War Crimes Tribunal, Ibpp Editor

International Bulletin of Political Psychology

The author discusses possible external signs of a perpetrator of genocide.

A Critique Of Opposition To The Comprehensive Test Ban Treaty, Ibpp Editor

International Bulletin of Political Psychology

This article presents a critique of recent arguments opposing ratification by the United States of the Comprehensive Test Ban Treaty.

Trends. Pakistan: An Iatrogenic Coup?, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the recent military coup in Pakistan.

The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff

Indiana Law Journal

No abstract provided.

Between Rock And A Hard Place: Polygraph Prejudice Persists After Scheffer, Robin D. Barovick

Buffalo Law Review

No abstract provided.

Trends. The Pros And Cons Of Decapitation: An Example From Dagestan, Ibpp Editor

International Bulletin of Political Psychology

This article explores the pros and cons of destroying or severely degrading the strategic command, control, and communication (C3) assets of a politico-military adversary--i.e., decapitation.

Trends. Timorous In East Timor, Ibpp Editor

International Bulletin of Political Psychology

The article discusses the attacks, by analysts, on Western powers for not having anticipated that significant atrocities would occur in East Timor if the recent referendum clearly reflected support for East Timor's independence from Indonesia.

Ibpp Research Associates: East Timor, Anonymous

International Bulletin of Political Psychology

The article is a rushed letter from an anonymous individual involved in East Timor in late August or early September 1999 when Indonesian troops were present in the area. The letter was sent to the International Peace Practitioners Network (IPPN). For reference, IPPN is a project of the Peace Psychology Division of the American Psychological Association and of Psychologists for Social Responsibility

The letter itself was subsequently forwarded to IBPP by IPPN, and the content of the letter was not verified by IBPP.

IBPP commentary includes a discussion of the role of political psychologists, and other interested parties, in the …

Trends. An Implosion Of Ideology: Bosnia, Kosovo, Northern Ireland, Palestine, The Soviet Union, And Beyond, Ibpp Editor

International Bulletin of Political Psychology

The article discusses multiethnic, representative democracies (MRDs) that often promulgate and effect foreign policies that are founded on the ideological premise that instilling MRDs throughout the world is necessarily the optimal road to Good.

The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hörtreiter

Buffalo Human Rights Law Review

No abstract provided.

Comments On Political Violence, Peace Activism, And Mythopoeic Historiography, Ibpp Editor

International Bulletin of Political Psychology

This article describes how various conceptions of history can significantly precipitate and nourish political violence--and yield a frustrating agenda for the peace activist.

Trends. Ehud Barak And Peace: Mistakes On The 15-Month Mistake, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the citings of many analysts, journalists, and diplomats--the last often speaking on an unattributed basis--a huge error in the current quest for peace between Israel and the Palestinian National Authority and between Israel and Syria and Lebanon.

Trends. Employment Policies For Nuclear Weapons: Uses Of First Use, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the North Atlantic Treaty Organization's (NATO) public policy advocating a "first use" of nuclear weapons during the Cold War.

Reflections On National Character: Is The United States Still A Superpower?, Ibpp Editor

International Bulletin of Political Psychology

This article comments on the construct of national character and then employs the construct to suggest that the United States (U.S.) Government and the US as a nation and nation-state may no longer warrant superpower status.

At War With The Constitution: A History Lesson From The Chief Justice, Thomas E. Baker

Brigham Young University Journal of Public Law

No abstract provided.