Is Honor Tangible Property?,
2012
University of Michigan Law School
Is Honor Tangible Property?, James Santiago
University of Michigan Journal of Law Reform Caveat
United States Marine Corps Sergeant Dakota Meyer said, “When they told me that I would be receiving the Medal of Honor I told them that I didn’t want it, because I don’t feel like a hero.” This statement reflects the feelings of many real war heroes who deserve and are given recognition yet feel that they are unworthy of such accolades. Unfortunately, there are also individuals who want the recognition of being a war hero but lie about having served. Nevertheless, the First Amendment will continue to guarantee the freedom of speech of those who lie about unearned military honors …
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, …
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges,
2012
Duke Law School
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012),
2012
UIC School of Law
Battling Ptsd: Getting Reservists Suffering From Ptsd Back To Work Through Proposed Amendments To Userra And Va Disability Compensation Benefits, 45 J. Marshall L. Rev. 1201 (2012), Jeremiah Stephan
UIC Law Review
No abstract provided.
A Legal Framework For Targeted Killing,
2012
University of Michigan Law School
A Legal Framework For Targeted Killing, Monica Hakimi, A. Guiora
Book Chapters
I agree with much of what Professor Amos Guiora says, but I disagree with the method he uses to get there. And I believe the method matters. Guiora assesses targeting operations under an "active self-defense" paradigm, with elements from both the jus ad bellum (the law governing the use of force) and the jus in bello (the law governing the conduct of hostilities). Under Guiora's paradigm. a state may target terrorism suspects in anticipatory self-defense if: (I) targeting is proportional to their threat; (2) collateral damage is minimized; (3) alternatives to targeting are infeasible; and (4) military necessity justifies the …
Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012),
2012
John Marshall Law School
Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012), Brian Clauss
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012),
2012
The John Marshall Law School, Chicago
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …
If Female, Skip To Question #23,
2012
University of Michigan Law School
If Female, Skip To Question #23, James Santiago
University of Michigan Journal of Law Reform Caveat
The requirement that only men register with the Selective Service System is in need of reform for many reasons. One reason that has largely been unexplored is the public’s disconnect with the military and the recent wars in Iraq and Afghanistan. Women are actively engaged in those wars in our all-volunteer force, but women are not required to register with the Selective Service. Failure to register can have tremendous legal consequences for men, such as ineligibility for student loans with an answer of “no” to question #22 on the Free Application for Federal Student Aid (FAFSA). There are many consequences …
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
No abstract provided.
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.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, John Hursh
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Charles J. Dunlop Jr.
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Norman Abrams
William Mitchell Law Review
No abstract provided.
Judicial Formalism And The State Secrets Privilege,
2012
Mitchell Hamline School of Law
Judicial Formalism And The State Secrets Privilege, Sudha Setty
William Mitchell Law Review
No abstract provided.
Secrecy, Transparency, And National Security,
2012
Mitchell Hamline School of Law
Secrecy, Transparency, And National Security, Lawrence Friedman, Victor Hansen
William Mitchell Law Review
No abstract provided.
Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications,
2012
Mitchell Hamline School of Law
Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications, Laurie R. Blank
William Mitchell Law Review
No abstract provided.
Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism,
2012
Mitchell Hamline School of Law
Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism, Kent Roach
William Mitchell Law Review
No abstract provided.
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists,
2012
Elisabeth Haub School of Law at Pace University
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This article explores whether targeted killing of suspected Islamist terrorists comports with international law generally, whether any special rules apply in so-called “failed states,” and whether deploying attack drones poses special risks for the civilian population, for humanitarian and human rights law, and for the struggle against terrorism. Part I of this article discusses the Predator Drone and its upgraded version Predator B, the Reaper, and analyzes their technological capabilities and innovations. Part II discusses international humanitarian law and international human rights law as applied to a state’s targeting and killing an individual inside or outside armed conflict or in …
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing,
2012
Pace Law School
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.
First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …
