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6,314 full-text articles. Page 151 of 174.

Repairing The Consequences Of Ethnic Cleansing, John Quigley 2012 Pepperdine University

Repairing The Consequences Of Ethnic Cleansing, John Quigley

Pepperdine Law Review

No abstract provided.


A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. McCullough 2012 Pepperdine University

A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. Mccullough

Pepperdine Law Review

No abstract provided.


Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck 2012 Vice Admiral, Judge Advocate General’s Corps, United States Navy

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …


The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole 2012 Georgetown University Law Center

The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole

Georgetown Law Faculty Publications and Other Works

Was the Bush administration’s decision to employ “enhanced interrogation techniques” a mistake of policy, a violation of law, or both? This essay responds to Philip Zelikow’s insider account of how the decision to use these techniques was reached. The author suggests that while Zelikow makes a strong case that the decision to authorize the CIA to use coercive interrogation tactics was a mistaken policy judgment, it is important not to lose sight of the fact that it was also illegal. The latter conclusion demands a different response than the former. In particular, it underscores the necessity for accountability. The author …


The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting 2012 Pepperdine University

The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting

Pepperdine Dispute Resolution Law Journal

On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …


The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne 2012 Wayne State University

The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne

Law Faculty Research Publications

The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference in …


The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn 2012 American University, Washington College of Law

The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn

Scholarly Articles in Law Reviews & Journals

Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …


Heroism, Valor, And Deceit: False Claims Of Military Awards And The First Amendment, Robert J. Juge III 2012 United States Army

Heroism, Valor, And Deceit: False Claims Of Military Awards And The First Amendment, Robert J. Juge Iii

Cardozo Public Law, Policy & Ethics Journal

Rick Duncan always wanted to serve his country. His military career started at the United States Naval Academy at Annapolis. As a Marine Corps Captain, he served with distinction as a Nuclear Missile Launch Officer. Serving at the Pentagon during the 9/11 attacks, he quickly volunteered for a combat tour in Iraq. While commanding a Marine Battalion in Fallujah, he was struck by a roadside bomb, which resulted in permanent brain trauma and cost him his finger, forcing him to return home. After receiving a Silver Star and a Purple Heart for his gallantry, he refused to give up. If …


A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber 2012 Pepperdine University

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …


Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program, Chris Witt 2012 Bemidji State University

Unemployed Veterans During A Recession: Factors Affecting The Completion Rate Of The Vocational Rehabilitation And Employment Program, Chris Witt

Political Science Theses and Capstones

The purpose of my research is to determine what factors affect the outcome of the Vocational Rehabilitation and Employment program. Previous literature examines individuals from each state in various stages of the program to determine which factors cause their individual outcome. Although previous research covered a broad spectrum of factors there still remains a lack of significant evidence to determine the observed outcome. I added state expenditures to the previous data to attempt to determine whether or not there is a correlation between funding and the completion of the program. I used the Department of Veteran Affairs 2007 Veterans Employability …


Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish 2012 University at Buffalo School of Law

Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish

Buffalo Law Review

This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its final judgment and verdicts, has largely …


Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson 2012 Supreme Court of the United States

Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson

Buffalo Law Review

No abstract provided.


Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett 2012 St. John's University School of Law

Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett

Buffalo Law Review

No abstract provided.


Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller 2012 University of North Carolina School of Law

Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller

Buffalo Law Review

No abstract provided.


Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak 2012 University of Southern California Gould School of Law

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

Buffalo Law Review

No abstract provided.


Libya: A Multilateral Constitutional Moment?, Catherine Powell 2012 Georgetown University Law Center

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Georgetown Law Faculty Publications and Other Works

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …


Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett McClean 2012 University of Baltimore School of Law

Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean

All Faculty Scholarship

More than ever before, the Department of Defense is relying on contactors to support our men and women in uniform. However, the cost of supporting these contractors has been paid not only with congressional funds but with an unprecedented number of contractor casualties. Sadly, while contractors are dying in record numbers in Iraq and Afghanistan, Congress has been preoccupied with paying less for the statutorily mandated workers’ compensation insurance that is intended to protect these workers. With the advent of Kevlar vests and armored-plated Humvees, contractors are returning home, but often with scars of war both visible and invisible. Rather …


Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin 2012 University of Michigan Law School

Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin

Book Chapters

My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …


The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts, Douglas W. Kmiec 2012 Pepperdine University

The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.


Keeping Faith: The United States Military Enlistment Contract And The Implementation Of Stop-Loss Measures, Hannah Dyer 2012 Pepperdine University

Keeping Faith: The United States Military Enlistment Contract And The Implementation Of Stop-Loss Measures, Hannah Dyer

Pepperdine Law Review

No abstract provided.


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