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Articles 4921 - 4950 of 6311
Full-Text Articles in Military, War, and Peace
War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh
War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh
University of Miami Law Review
No abstract provided.
Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon
Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon
University of Miami Law Review
No abstract provided.
The Power Over War, Abraham D. Sofaer
The Power Over War, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
Ely, Black, Grotius & Vattel, Patrick O. Gudridge
Ely, Black, Grotius & Vattel, Patrick O. Gudridge
University of Miami Law Review
No abstract provided.
War Powers And Congress, Dante Fascell
War Powers And Congress, Dante Fascell
University of Miami Law Review
No abstract provided.
The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman
The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman
University of Miami Law Review
No abstract provided.
Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh
Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh
University of Miami Law Review
No abstract provided.
After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger
After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger
University of Miami Law Review
No abstract provided.
Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney
Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney
Penn State International Law Review (1982 - 2011)
No abstract provided.
The United States Military Vs. The Media: Constitutional Friction, Steven S. Neff
The United States Military Vs. The Media: Constitutional Friction, Steven S. Neff
Mercer Law Review
The long history of the relationship between the military and the media has been somewhat enigmatic. The fact that each institution has a strong constitutional mandate for its operations necessarily implicates the judiciary as a player in the inevitable conflict between the armed forces and the press. Ironically, these three entities-the military, media, and judiciary-frequently meet on the same First Amendment battlefield. The purpose of this Comment is to discuss this relationship historically and currently, assert the possible roles of each institution generally and with respect to one another, and attempt to predict the ebb and flow of the future …
Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner
Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner
UIC Law Review
No abstract provided.
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
UIC Law Review
No abstract provided.
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
UIC Law Review
No abstract provided.
Putting Naval Before History, Mark R. Shulman
Putting Naval Before History, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross
The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross
Michigan Journal of International Law
The system of grave breaches, established in the Conventions, is the focal point of the enforcement mechanism of international humanitarian law in general and of the Conventions in particular. It is therefore surprising that very little has been written to date about this system. This article is intended to fill that gap by discussing the repression -the prohibition, prosecution, and adjudication - of grave breaches of the Conventions. The article's main purpose is to chart and map the basic contours of the terrain of an area which despite its vast significance has not been adequately and systematically explored. It is …
Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean
Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean
St. Mary's Law Journal
Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …
Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick
Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick
St. Mary's Law Journal
In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …
Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley
Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley
St. Mary's Law Journal
Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss
St. Mary's Law Journal
Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
Michigan Journal of International Law
Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron
The Concept Of Humanitarian Intervention Revisited, Yogesh K. Tyagi
The Concept Of Humanitarian Intervention Revisited, Yogesh K. Tyagi
Michigan Journal of International Law
Every case of humanitarian intervention gives rise to mixed feelings of hope and despair. Hope comes from the involvement of the international community, and despair comes from the fact that the state system is still too weak to meet its basic responsibility, namely, the protection of human dignity. Influenced by these mixed feelings, the present article attempts a new look at the concept of humanitarian intervention. In Part I, it examines the concept of humanitarian intervention. Part II analyzes the principal aspects of humanitarian intervention: the reasons for the intervention, the character of the target state, and the status of …
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Michigan Journal of International Law
This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
Michigan Journal of International Law
The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.
Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick
Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick
Michigan Journal of International Law
This article concludes that the United Nations is bound by the rules of customary international humanitarian law, and occupies a horizontal relationship with the other subjects of IHL that it engages in armed conflict. When U.N. armed forces engage in armed conflict, the Organization qualifies as a "party to armed conflict" within the meaning of IHL, and U.N. troops also fall within the IHL definition of "combatants," rendering the Organization subject to IHL obligations. Continuing U.N. arguments to the contrary either deprive IHL definitions of their determinacy or regress to a claim of undeserved special status for Charter norms and …
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler
J.E.B. V. Alabama Ex Rel. T.B.: Excellent Ideology, Ineffective Implementation., Nancy J. Cutler
St. Mary's Law Journal
Abstract Forthcoming.
Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy
Did We Treaty Away Ker-Frisbie Symposium - Human Rights In The Americas., Timothy D. Rudy
St. Mary's Law Journal
This Article explores whether U.S. ratification of the International Covenant on Civil and Political Rights (Civil and Political Covenant) provides the American judiciary with reason to jettison the Ker-Frisbie doctrine. If the United States does not forego use of the Ker-Frisbie doctrine the country will violate its international obligations arising from a major human rights treaty. Part II discusses the customary norm of international law which forbids—and the American rule which permits—forcible abductions overseas. It also reviews whether extraterritorial abductions violate customary international law. Part III discusses applicability of the Civil and Political Covenant to the Ker-Frisbie doctrine and details …
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
St. Mary's Law Journal
A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …
The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen
The Texas Home Equity Controversy In Context Forum - Introduction., James W. Paulsen
St. Mary's Law Journal
This Essay provides some historical and legal context for the Texas home equity debate during the 1990s. It begins with an examination of early Texas homestead law, which did not clearly prohibit home equity lending. Part II describes the genesis of the homestead exemption in Texas. Public policy surrounding the homestead law had at least three components: protection of debtors, protection of women, and the fostering of an independent spirit in Texas settlers. Part III evaluates the Texas Constitution’s 1876 ban on home equity loans and the subsequent public debate up until the 1970s. Although criticism of the prohibition on …
Home Equity Reform In Texas Forum., Jerry Patterson
Home Equity Reform In Texas Forum., Jerry Patterson
St. Mary's Law Journal
Texas citizens should vote on home equity reform to be able to decide for themselves whether they desire the benefits of home equity borrowing. Texas is the only state in the nation that prohibits homeowners from using their home equity as they see fit such as to educate their children, to start or expand small businesses, or to enjoy their retirement years. Critics to home equity reform in Texas do not fully understand the scope of the amendments or the benefits that come with reform. The myth that equity loans would trigger an increase in foreclosure rates cannot be documented …