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Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau 2013 Bryant University

Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau

Honors Projects in History and Social Sciences

This paper will seek to explore whether or not Nazi war criminals tasked with manning and staffing the various concentration and death camps were in any way entitled to due process of law upon their capture and trial. This concept is debated among international Holocaust scholars and often discussed with purely apodictic arguments based upon a lack of understanding of military law. This paper will discuss in detail the rights, liberties, and treatment of Nazi war criminals after World War II in relation to the trials of concentration camp guards. It will also necessarily explore and explicate the misunderstood military …


An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich 2013 University of California, Berkeley

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


The Kosovo War: Nato’S Opportunity, Sead Osmani 2013 Brigham Young University

The Kosovo War: Nato’S Opportunity, Sead Osmani

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


The Constitutional And Counterterrorism Implications Of Targeted Killing : Hearing Before The S. Judiciary Subcomm. On The Constitution, Civil Rights, And Human Rights, 113th Cong., April 23, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks 2013 Georgetown University Law Center

The Constitutional And Counterterrorism Implications Of Targeted Killing : Hearing Before The S. Judiciary Subcomm. On The Constitution, Civil Rights, And Human Rights, 113th Cong., April 23, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks

Testimony Before Congress

Mr. Chairman, the mere mention of drones tends to arouse strong emotional reactions on both sides of the political spectrum, and last week's tragic events in Boston have raised the temperature still further. Some demonize drones, denouncing them for causing civilian deaths or enabling long-distance, "video game-like" killing, even as they ignore the fact that the same (or worse) could equally be said of many other weapons delivery systems. Others glorify drones, viewing them as a low- or no-cost way to "take out terrorists" wherever they may be found, with little regard for broader questions of strategy or the rule …


The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison 2013 Pepperdine University

The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison

Journal of the National Association of Administrative Law Judiciary

The first two roles of the U.S. Attorney General from its inception were to represent the interests of the United States before the U.S. Supreme Court and to advise the President on matters of the law. Despite the Attorney General delegating both roles, the former to the Solicitor General and the latter to the Office of Legal Counsel (OLC), the Attorney General and the Department of Justice are by statute and tradition looked upon to be the protectors of the rule of law within the Executive Branch. It is to the Attorney General, and by delegation to the OLC, to …


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson 2013 Pepperdine University

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Due Process; A Detached Judge; And Enemy Combatants, Julian Mann III 2013 Pepperdine University

Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …


A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea, Theresa Chun 2013 University at Buffalo School of Law

A Survivor's Testimony: Closing Remarks To The Conference On Implementing Truth And Reconciliation: Comparative Lessons For Korea, Theresa Chun

Buffalo Human Rights Law Review

No abstract provided.


Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth and Reconciliation Commission, Republic of Korea, Mark A. Nathan, Eon Joo Park 2013 University at Buffalo School of Law

Final Recommendations Of The Truth And Reconciliation Commission, Republic Of Korea, Truth And Reconciliation Commission, Republic Of Korea, Mark A. Nathan, Eon Joo Park

Buffalo Human Rights Law Review

No abstract provided.


Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim 2013 Griffith University

Trial And Error In Transitional Justice: Learning From South Korea's Truth Commissions, Hun Joon Kim

Buffalo Human Rights Law Review

No abstract provided.


Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante 2013 University of Connecticut

Negotiating Reparation Rights: The Participatory And Symbolic Quotients, Lisa J. Laplante

Buffalo Human Rights Law Review

No abstract provided.


Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales 2013 Gerald R. Ford School of Public Policy

Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales

Buffalo Human Rights Law Review

No abstract provided.


Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik 2013 William S. Richardson School of Law, University of Hawai'I at Manoa

Fairness In Transitional Justice Initiatives: The Case Of South Korea, Tae-Ung Baik

Buffalo Human Rights Law Review

No abstract provided.


Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu 2013 International Coalition of Sites of Conscience

Symbolic Reparations And Reconciliation: Lessons From South Africa, Ereshnee Naidu

Buffalo Human Rights Law Review

No abstract provided.


Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon 2013 Sungkonghoe University

Korea's Truth And Reconciliation Commission: An Overview And Assessment, Kim Dong-Choon

Buffalo Human Rights Law Review

No abstract provided.


Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish 2013 University at Buffalo School of Law

Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish

Buffalo Human Rights Law Review

This Article substantively introduces a special symposium issue on "Implementing Truth and Reconciliation: Comparative Lessons for Korea." Inspired by the Dec. 2010 release of the official report and recommendations of the Truth and Reconciliation Commission, Republic of Korea (TRCK), the special issue gathers comparative national and cross-national lessons from four nations -- South Korea, South Africa, Cambodia, and Peru -- on the factors that contribute to or hinder the effective implementation of truth commission recommendations and other efforts aimed at achieving national, community, and individual-level reconciliation. Such lessons are offered in the hope of assisting victim groups and other advocacy …


International Law And The Future Of Peace, Diane Marie Amann 2013 University of Georgia School of Law

International Law And The Future Of Peace, Diane Marie Amann

Presentations and Speeches

These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.


Stare What: The Fourth Circuit's Questionable Holding In U.S. V. Hamilton, Alice K. Womack 2013 North Carolina Central University School of Law

Stare What: The Fourth Circuit's Questionable Holding In U.S. V. Hamilton, Alice K. Womack

North Carolina Central Law Review

No abstract provided.


The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour 2013 Benjamin N. Cardozo School of Law

The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour

Cardozo Journal of International and Comparative Law

The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.


A Time For Presidential Power? War Time And The Constrained Executive, David Levine 2013 United States Court of Appeals for the Seventh Circuit

A Time For Presidential Power? War Time And The Constrained Executive, David Levine

Michigan Law Review

Between 2002 and 2008 I served as an intelligence officer in the U.S. Air Force. Though I had been deployed overseas several times, my primary place of duty was in the United States. When I landed at Baghdad International Airport in June 2006, however, several things immediately changed for me as a result of military regulations. I had to carry my sidearm and dog tags at all times. I could not eat anywhere other than a U.S. military installation. I could not drink alcohol. My pay was a bit higher. Personally, I was more vigilant, more aware of my surroundings. …


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