The Alleged Victim's Right To Mandamus In Military Courts-Martial,
2016
American University Washington College of Law
The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican
Criminal Law Practitioner
No abstract provided.
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988,
2016
Washington State University
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann
Criminal Law Practitioner
No abstract provided.
Obama's Aumf Legacy,
2016
Duke Law School
Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith
Faculty Scholarship
No abstract provided.
The Dod Law Of War Manual And Its Critics: Some Observations,
2016
Duke Law School
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
Faculty Scholarship
The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.
American Military Culture And Civil-Military Relations Today,
2016
Duke Law School
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts,
2016
Duke Law School
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
One of the most vexing conundrums of 21st century warfare has been not just the explosive growth in the use of human shields, but the apparent systemization of the tactic, particularly by nonstate actors. In noting the international prohibition, the International Committee of the Red Cross (ICRC) defines the practice as the “intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives.”
When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, And The Rule Of Law,
2016
Indiana University Maurer School of Law
When Responsibilities Collide: Humanitarian Intervention, Shared War Powers, And The Rule Of Law, Dawn E. Johnsen
Articles by Maurer Faculty
The use of military force to respond to a foreign humanitarian crisis raises profound legal questions, especially when force is not authorized by the U.S. Congress or the U.N. Security Council. President Clinton's use of air strikes in Kosovo, President Obama's use of air strikes in Libya, and his threat of force following Syrian President Assad's use of chemical weapons against the Syrian people all responded to powerful humanitarian needs-but serious questions about their legality remain. Drawing upon these case studies, Professor Harold Koh proposes a framework that would find some such interventions lawful, even without congressional or Security Council …
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident,
2016
Loyola Law School
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray
Cardozo Journal of Equal Rights & Social Justice
This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay,
2016
University of Richmond
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch
Richmond Journal of Global Law & Business
Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …
Nato Approaches In Response To Isil And International Terrorism,
2016
Southern Methodist University
Nato Approaches In Response To Isil And International Terrorism, Butch Bracknell
The International Lawyer
No abstract provided.
How International Law Can Eradicate Torture: A Response To Cynics,
2016
American University Washington College of Law
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Applying The Ucmj To Contractors In Contingency Operations,
2016
American University Washington College of Law
Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman
American University National Security Law Brief
No abstract provided.
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment,
2016
American University Washington College of Law
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
American University National Security Law Brief
No abstract provided.
Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law,
2016
Yale Law School
Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty
Michigan Telecommunications & Technology Law Review
Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …
Accountability And Autonomous Weapons: Much Ado About Nothing?,
2016
Duke Law School
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Faculty Scholarship
This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …
The Distraction Of Full Autonomy & The Need To Refocus The Ccw Laws Discussion On Critical Functions,
2016
Southern Methodist University, Dedman School of Law
The Distraction Of Full Autonomy & The Need To Refocus The Ccw Laws Discussion On Critical Functions, Chris Jenks
Faculty Journal Articles and Book Chapters
The United Nations (UN) Convention on Certain Conventional Weapons (CCW) discussions on lethal autonomous weapons (LAWS) have been confused, not constructive, and largely for the same definitional reasons identified two years ago. This paper attempts to address why the dialogue at the UN LAWS dialogue has proceeded as it has and proposes how it should proceed at the likely group of government expert meetings in 2017-2018. This paper focuses on the problems created by framing the LAWS discussion in terms of full autonomy and suggests that CCW States Parties refocus on the critical functions of selecting and engaging targets. The …
"Other Than Honorable" Discrimination,
2016
University of the District of Columbia David A Clarke School of Law
"Other Than Honorable" Discrimination, Marcy L. Karin
Journal Articles
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the most comprehensive federal civil rights law that exists related to the workplace. Its goal is to help people who serve in the military reintegrate back into civilian work and remain attached to the workforce. It does so by offering a mix of anti-discrimination protection and labor standards. Despite the promise of robust reemployment rights and post-service assistance, Congress has excluded people with a certain “character of service,” including those with “other than honorable” separations, from these protections. This statutory exclusion has a disparate impact on people with service-connected disabilities, …
Faroosh And Elina,
2016
Brigham Young University
Faroosh And Elina, Faroosh, Elina, Tsos
TSOS Interview Gallery
Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …
Federal Government As Your Partner: What Advocates Should Know About Federal Resources For Veterans' Legal Aid,
2016
University of South Carolina
Federal Government As Your Partner: What Advocates Should Know About Federal Resources For Veterans' Legal Aid, Allie Yang-Green, Karen Lash
South Carolina Law Review
No abstract provided.
Never Again: Correcting The Administrative Abandonment Of Vietnam Veterans With Other Than Honorable Discharges Induced By Post-Traumatic Stress Disorder,
2016
University of South Carolina
Never Again: Correcting The Administrative Abandonment Of Vietnam Veterans With Other Than Honorable Discharges Induced By Post-Traumatic Stress Disorder, Claire Voegele
South Carolina Law Review
No abstract provided.
