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Articles 871 - 900 of 1646
Full-Text Articles in National Security Law
Understanding Coercive Gradualism, William G. Pierce, Douglas G. Douds, Michael A. Marra
Understanding Coercive Gradualism, William G. Pierce, Douglas G. Douds, Michael A. Marra
The US Army War College Quarterly: Parameters
No abstract provided.
Understanding Groupthink: The Case Of Operation Market Garden, David Patrick Houghton
Understanding Groupthink: The Case Of Operation Market Garden, David Patrick Houghton
The US Army War College Quarterly: Parameters
No abstract provided.
Order And Counter-Order: The European System And Russia, Ted Middleton
Order And Counter-Order: The European System And Russia, Ted Middleton
The US Army War College Quarterly: Parameters
No abstract provided.
Expanding The Rebalance: Confronting China In Latin America, Daniel Morgan
Expanding The Rebalance: Confronting China In Latin America, Daniel Morgan
The US Army War College Quarterly: Parameters
No abstract provided.
Dealing With Uncertainty In Strategic Decision-Making, Yakov Ben-Haim
Dealing With Uncertainty In Strategic Decision-Making, Yakov Ben-Haim
The US Army War College Quarterly: Parameters
No abstract provided.
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
An Interdisciplinary Approach To The Strategic Defense Initiative Debate, Scott F. March
An Interdisciplinary Approach To The Strategic Defense Initiative Debate, Scott F. March
Akron Law Review
An interdisciplinary framework in which international law is but one element is presented in this article in the hope of lending organization to the complex subject of space weaponization. Seven factors are discussed which strongly influence decision-makers in both the United States and the Soviet Union who are charged with establishing and implementing the military space policies of their respective nations. They are (1) the relationship between the militarization of earth and the militarization of space; (2) the effects of weapon technology and national defense policy upon the use of space; (3) the interrelationship of the international law-making process with …
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
International Law Studies
China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Pepperdine Law Review
No abstract provided.
The Future As A Concept In National Security Law, Mary L. Dudziak
The Future As A Concept In National Security Law, Mary L. Dudziak
Pepperdine Law Review
With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …
International Humanitarian Law Divergence, Lesley Wexler
International Humanitarian Law Divergence, Lesley Wexler
Pepperdine Law Review
How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …
Standing And Covert Surveillance, Christopher Slobogin
Standing And Covert Surveillance, Christopher Slobogin
Pepperdine Law Review
This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn
Pepperdine Law Review
Never in recent memory has the relationship between law and war been so central to strategic legitimacy. This has resulted in both positive evolutions of the law of armed conflict (LOAC) and a remarkable increase in interest, understanding, and analysis of this law. No state, or even non-state group, is immune from the increasingly informed critique of its planning and execution of military operations and the quite proper demand that its military personnel comply with LOAC obligations. Central to the regulation of hostilities are the core LOAC principles of distinction and discrimination. Distinction mandates restricting deliberate attack to only those …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski
Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith
Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala
Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Of Foreign Fevers, Shot, And Shell: Constitutional Rights Of Media Access To The Battlefield After Flynt V. Rumsfeld, Thomas Terry
Of Foreign Fevers, Shot, And Shell: Constitutional Rights Of Media Access To The Battlefield After Flynt V. Rumsfeld, Thomas Terry
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
War Tourism: A Growth Industry, Jeremy Gale
War Tourism: A Growth Industry, Jeremy Gale
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Allied Pressure: Enforcing International Obligations Forbidding The Payment Of Ransoms For Kidnapped Western Nationals, Andrew R. Schindler
Allied Pressure: Enforcing International Obligations Forbidding The Payment Of Ransoms For Kidnapped Western Nationals, Andrew R. Schindler
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Unintended National Security Risks Tied To Healthcare Reform And The Cadillac Tax, Brooke Michel Elliott
Unintended National Security Risks Tied To Healthcare Reform And The Cadillac Tax, Brooke Michel Elliott
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Editor In Chief Comment And Acknowledgements
Editor In Chief Comment And Acknowledgements
University of Miami National Security & Armed Conflict Law Review
No abstract provided.