Will Contests: From Start To Finish., 2012 St. Mary's University
Will Contests: From Start To Finish., Joyce Moore
St. Mary's Law Journal
This Article primarily focuses on the practical problems facing attorneys and courts when evaluating and proving up a will or trust in contested cases. The focus extends further into the special procedural and evidentiary rules applicable to these actions, the use and misuse of summary judgment proceedings in these cases, and some observations regarding developing trends and strategies in will and trust contest litigation. Admittedly, this area of practice is a melting pot of presumptions, exceptions, threshold hurdles, capacity qualms, evidentiary issues, strategic clauses, and countless other headache-inducing legal issues. Yet, attorneys must diligently juggle all of them while also …
Military Lawyers And The Two Cultures Problem, 2012 Georgetown University Law Center
Military Lawyers And The Two Cultures Problem, David Luban
Georgetown Law Faculty Publications and Other Works
Military and humanitarian lawyers approach the laws of war—labeled “law of armed conflict” by the former and “international humanitarian law” by the latter—in very different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. This article argues that from these radically different axioms legal consequences systematically follow regarding treaty interpretation, the sources and reach of customary international law, the nature of international law, deference and discretion to military commanders, and the connection between …
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, 2012 University of Oklahoma College of Law
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones
Oklahoma Law Review
No abstract provided.
"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, 2012 Indiana University Maurer School of Law
"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen
Articles by Maurer Faculty
After 9/11, Justice John Paul Stevens insisted the United States maintain its foundational commitment to the rule of law—the very “essence of a free society.” Justice Stevens led the Court’s scrutiny and rejection of early Bush Administration policies regarding the detention and prosecution of suspected terrorists. Since it lost Justice Stevens’s passionate and principled voice in 2008, the Court has not addressed the scope of the President’s military detention authority. This Article considers Justice Stevens’s role in the Court’s altered stance, and also a complementary explanation: the Obama Administration’s improved interpretation and exercise of executive authority. Informed and inspired by …
A Functional Approach To Targeting And Detention, 2012 Columbia Law School
A Functional Approach To Targeting And Detention, Monica Hakimi
Faculty Scholarship
The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …
The Double Irish Sandwich: Reforming Overseas Tax Havens., 2012 St. Mary's University
The Double Irish Sandwich: Reforming Overseas Tax Havens., Stephen C. Loomis
St. Mary's Law Journal
Abstract Forthcoming.
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., 2012 St. Mary's University
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers., Jarod S. Gonzalez
St. Mary's Law Journal
Citizens serving on a civil jury are entrusted with making factual decisions about disputes that impact legal rights and remedies of litigants and set standards for the behavior of the public. Unfortunately, civil jury trials take place less frequently in twenty-first century Texas than in prior eras. Part of the justice system’s rejuvenation should involve a re-evaluation and improvement of the current process for selecting civil juries. Currently, the primary flaw in Texas jury selection procedures is the one-size-fits-all approach. Because some cases need twelve impartial jurors who are lay persons, and others require twelve people who are knowledgeable of …
Lessons From Social Psychology For Complex Operations, 2012 Georgetown University Law Center
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.
Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, 2012 University of Baltimore School of Law
Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer
All Faculty Scholarship
In the simplest case: Congress declares war, and does not intrude on the President's solo decision about when the troops come home. However, in our time, long wars, such as in Afghanistan and Iraq, occur with great tension between the two elected branches of government over the pace of a drawdown. Sometimes it may be a hawkish Congress that disagrees with a President reluctant to continue the war at full troop levels. To find a joint way to draw down the American troops in the war zone, they may seek congressional mechanisms to resolve their differences with interactive processes. Then, …
Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, 2012 Bridgewater State University
Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro
Undergraduate Review
War is a creation of mankind that has evolved along with human civilization, leaving a bloody trail in its wake. As there are those in our world who strive to improve peacetime society, there are also those who push the limits of weaponry and revolutionize the way war is waged. In this day and age, opposing forces rarely meet on a traditional battlefield but instead inflict death and destruction from across the horizon with weapons of catastrophic capability. Consequently the costs of developing such advanced war machines are increasingly heavy. With this rapid evolution of combat and the weaponry used …
In Search Of A Forum For The Families Of The Guantanamo Disappeared, 2011 University of San Francisco School of Law
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
Peter J Honigsberg
The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).
This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …
Workshop On Protection Of The Environment In Relation To Armed Conflict, 2011 Lund University
Workshop On Protection Of The Environment In Relation To Armed Conflict, Rosemary Rayfuse, Britta Sjöstedt
Britta Sjöstedt
No abstract provided.
"A Sea Change In Security: How The War On Terror Strengthened Human Rights", 2011 Georgia State University
"A Sea Change In Security: How The War On Terror Strengthened Human Rights", Michael Galchinsky
Michael Galchinsky
The UN Security Council's initial response to 9/11 (UNSC Res. 1373) deemphasized the requirement that states respect human rights and humanitarian law in their counter-terrorism efforts. However, starting in 2002, a backlash by numerous global governance institutions asserted that human rights and security are mutually reinforcing. The emerging norm of mutual reinforcement influenced the SC to direct its Counter-Terrorism Committee to incorporate human rights concerns more robustly into its work. The SC’s increasing adoption of a rights-based approach indicates that the UN's security and human rights missions are bound more closely together than ever before.
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, 2011 Faculty of Law, Lund University
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo
Markus Gunneflo
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, 2011 Faculty of Law, Lund University
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo
Markus Gunneflo
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …
Operation Ajax; Roots Of A Tree Grown In Distrust, 2011 Walden University; American Military University
Operation Ajax; Roots Of A Tree Grown In Distrust, Carter Matherly
Carter Matherly PhD
No abstract provided.
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, 2011 Brigham Young University Law School
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
BYU Law Review
No abstract provided.
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, 2011 William & Mary Law School
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, 2011 William & Mary Law School
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, 2011 William & Mary Law School
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.