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In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner 2014 William & Mary Law School

In Sight, It Must Be Right: Judicial Review Of Va Decisions For Reasons And Bases Vs. Clear Error, David E. Boelzner

Faculty Publications

No abstract provided.


The War Powers Resolution Of 1973 And Its Relevance In The “War On Terror”, Samuel Day 2014 Bemidji State University

The War Powers Resolution Of 1973 And Its Relevance In The “War On Terror”, Samuel Day

Political Science Theses and Capstones

In September of 2013, President Obama asked Congress to take a vote that would authorize the United States to use military drones against the Syrian army and provide support for the Syrian rebels. This action by President Obama raised the question that many have been wondering since the creation of our country, who has the power to declare war and initiate hostilities against those who threaten the United States? My thesis focuses on the War Powers Resolution of 1973 and the arguments surrounding its Constitutionality, specifically the arguments supporting the Executive or Legislative branches. For my research supporting the argument …


Racial Templates, Richard Delgado, Juan F. Perea 2014 University of Alabama School of Law

Racial Templates, Richard Delgado, Juan F. Perea

Michigan Law Review

This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched all the way to …


National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic 2014 William & Mary Law School

National Conference On Law Clinics Serving Veterans: Conference Agenda, Panel Overview, And Panel Biographies, Lewis B. Puller, Jr. Veterans Benefits Clinic

Lewis B. Puller, Jr. Veterans Benefits Clinic

No abstract provided.


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio 2014 Liberty University

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …


From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts 2014 William & Mary Law School

From "War On Poverty" To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts

Faculty Publications

Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6%of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school clinics across the country …


The Us And Human Rights: A Federalist Society Debate, Peter Margulies 2014 Roger Williams University School of Law

The Us And Human Rights: A Federalist Society Debate, Peter Margulies

Law Faculty Scholarship

No abstract provided.


A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies 2014 Roger Williams University School of Law

A Reply To Wittes On The United States And Extraterritoriality, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies 2014 Roger Williams University School of Law

Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams 2014 Brigham Young University Law School

Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams

Brigham Young University Journal of Public Law

There are many good reasons why the military justice system is different than the civilian system. Much deserves to be said about why commanders must retain oversight and control over the court-martial process. The purpose of this paper is more limited in scope. It is to demonstrate that a court-martial panel is not a true jury and that the commander should retain the authority to review its findings for this reason alone.


China's North Korea Policy: Rethink Or Recharge?, Andrew Scobell, Mark Cozad 2014 US Army War College

China's North Korea Policy: Rethink Or Recharge?, Andrew Scobell, Mark Cozad

The US Army War College Quarterly: Parameters

No abstract provided.


Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel 2014 University of Michigan, Gerald R. Ford School of Public Policy

Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel

Michigan Journal of International Law

Important experiments in international criminal justice have been taking place at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), a tribunal created by the United Nations and Cambodian Government to adjudicate some of the most egregious crimes of the Pol Pot era.2 The tribunal opened its doors in 2006, and although its work continues, its first seven years of operations provide an opportunity to evaluate its performance and judge the extent to which legal and institutional experiments at the ECCC have been successful to date. This Article will show that, in general, the ECCC’s most unique and …


The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen 2014 Bringham Young University Law School

The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen

Michigan Journal of International Law

The historical fact that the law of armed conflict (LOAC) has always lagged behind current methods of warfare does not mean that it always must. This Article will argue that the underlying assumption that law must be reactive is not an intrinsic reality inherent in effective armed conflict governance. Rather, just as military practitioners work steadily to predict new threats and defend against them, LOAC practitioners need to focus on the future of armed conflict and attempt to be proactive in evolving the law to meet future needs.


The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee 2014 Indiana University Maurer School of Law

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …


Forking Paths: War After Afghanistan, Michael Evans 2014 US Army War College

Forking Paths: War After Afghanistan, Michael Evans

The US Army War College Quarterly: Parameters

No abstract provided.


Predicting Future War, Robert A. Johnson 2014 US Army War College

Predicting Future War, Robert A. Johnson

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor, Antulio J. Echevarria II 2014 SSI

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell 2014 US Army War College

Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell

The US Army War College Quarterly: Parameters

No abstract provided.


Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard 2014 US Army War College

Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard

The US Army War College Quarterly: Parameters

No abstract provided.


Pakistan's Changing Counterterrorism Strategy: A Window Of Opportunity?, Michael Spangler 2014 US Army War College

Pakistan's Changing Counterterrorism Strategy: A Window Of Opportunity?, Michael Spangler

The US Army War College Quarterly: Parameters

No abstract provided.


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