Open Access. Powered by Scholars. Published by Universities.®

Military, War, and Peace Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,314 Full-Text Articles 5,072 Authors 7,589,522 Downloads 185 Institutions

All Articles in Military, War, and Peace

Faceted Search

6,314 full-text articles. Page 154 of 174.

Is Honor Tangible Property?, James Santiago 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?, Charles Tiefer 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, Charles J. Dunlap Jr. 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), Jeremiah Stephan 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, Monica Hakimi, A. Guiora 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), Brian Clauss 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), Stuart K. Ford 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, James Santiago 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, Ashley C. Nikkel 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, Cody Jones 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, John Hursh 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, Charles J. Dunlop Jr. 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, Harvey Rishikof, Bernard Horowitz 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, Norman Abrams 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, Sudha Setty 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, Lawrence Friedman, Victor Hansen 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, Laurie R. Blank 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, Kent Roach 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, Thomas M. McDonnell 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, Luis E. Chiesa, Alexander K.A. Greenawalt 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 …


Digital Commons powered by bepress