Military, War, and Peace Commons^™

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.

Awakening Self-Interest: American Military Justice In Afghanistan And Iraq, Frank Rosenblatt

Journal Articles

No abstract provided.

Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson

St. Mary's Law Journal

Observing live court testimony allows a jury to determine witness credibility. This is called demeanor evidence. Allowing the introduction of transcripts of prior testimony by a witness offends a defendant's right to confrontation guaranteed by the Sixth Amendment of the United States Constitution. Loss of demeanor evidence can heighten sensitivity surrounding the constitutional demands of unavailability and an opportunity for cross-examination. But the loss of this evidence is discounted when dealing with the admissibility of prior testimony as long as a defendant was formerly afforded an opportunity to cross-examine. Demeanor evidence, however, is still treated as a non-essential component of …

Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath

St. Mary's Law Journal

Abstract Forthcoming.

Hi Rob, Viet Memorial, Gil Villagran

Faculty Research, Scholarly, and Creative Activity

A letter to Robert, a family friend, about Gil's experience at the Vietnam War Memorial

Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Countering Islamic State Exploitation Of The Internet, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Technology And The Law On The Use Of Force: New Security Challenges In The Twenty-First Century, By Jackson Maogoto, Asaf Lubin

Articles by Maurer Faculty

Review of:

Technology and the Law on the Use of Force: New Security Challenges in the Twenty-First Century. By Jackson Maogoto. Oxford, UK: Routledge, 2015. Pp xviii, 111. Price: $117.71 (Hardcover).

Airborne And Air Assault Operations, United States Army

United States Army: Field Manuals

Airborne and Air Assault Operations, United States Army Field Manual FM 3-99

Civilian Protection: The Imperative Role Of Civil Society, Collen Kelly

Dissertations and Theses

No abstract provided.

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

The Search For Justice In A War-Filled World: Implementing The Just-War Theory, Hannah Schaefer

Augustana Center for the Study of Ethics Essay Contest

This paper is about addressing conflict using ethical methods. Strategies that are highlighted include nonviolent protests and behaviors before, during, and after engaging in a war with the end goal being justice and peace.

Al Bahlul V. United States: The Conspiracy Behind The Conspiracy Offense In U.S. Military Commissions, Brianna Edwards

Loyola of Los Angeles Law Review

No abstract provided.

Innovation Worth Sharing: Seeking Balance Between Innovation Policy And National Security, Alexandra H. Katich

Cardozo Journal of International and Comparative Law

The note examines the tension between promoting innovation and safeguarding national security, focusing on the Invention Secrecy Act of 1951. It argues that while the Act is designed to protect sensitive inventions, extending its secrecy powers to economically significant patents would be counterproductive, unconstitutional, and harmful to U.S. competitiveness. The analysis highlights the challenges of balancing economic security, intellectual property rights, and the constitutional mandate to promote scientific progress.

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

Military Working Dogs: Classification And Treatment In The U.S. Armed Forces, Sarah D. Cruse

Animal Law Review

This Article explores and evaluates the use of canines by the United States (U.S.) Armed Forces as military working dogs, and examines the reasons why the current administrative classification of these dogs is inappropriate. The author examines the historical use of, and increasing reliance on, mili­tary working dogs by the U.S. Armed Forces from World War II to present day. This historical exploration traces the development of the federal stat­utes and military regulations that govern the Military Working Dog Pro­gram. Federal law currently categorizes military working dogs as 'equipment,' which grossly underestimates their role within the U.S. mili­tary and deprives …

United Nations Peace Operations: Creating Space For Peace, Chris Jenks

Faculty Journal Articles and Book Chapters

Despite over 120 countries contributing over 118,00 personnel in support of sixteen different United Nations peace operations around the world, and at a cost exceeding $US 7.83 billion, not much is known about these operations. This chapter seeks to alter, however slightly, that information deficit. This chapter first reviews the UN Charter basis for peace operations and explores the different between Chapter VI Peacekeeping and Chapter VII Peace Enforcement. The chapter then traces the historical development of peace operations from their cold war origins to the latest organizational structure within the U.N.’s Department of Peacekeeping Operations. The chapter then explores …

War, Responsibility, And Killer Robots, Rebecca Crootof

Law Faculty Publications

In War and Responsibility, John Hart Ely argues that Congress has willingly and cravenly surrendered its rightful role as the branch responsible for determining when and the extent to which the United States engages in armed conflicts. Since the publication of this seminal work on the war power, presidents have continued to commit troops to hostilities absent or outside of explicit congressional authorizations-and the legislature and the judiciary rarely challenge such actions.

Meanwhile, the United States is investing heavily in unmanned military weapon systems, and the U.S. Department of Defense has described increasing weapons' autonomous capabilities as a "high priority." …

Human Rights Thinking And The Laws Of War, David Luban

Georgetown Law Faculty Publications and Other Works

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.”

Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is …