Assassination Or Targeted Killings After 9/11,
2012
University of California at Berkeley, School of Law
Assassination Or Targeted Killings After 9/11, John Yoo
NYLS Law Review
No abstract provided.
Drone Strike Casualty Estimates Likely Understated,
2012
Columbia Law School
Drone Strike Casualty Estimates Likely Understated, Human Rights Clinic
Human Rights Institute
NEW YORK — The U.S. government should provide an official accounting on who is being killed by drone strikes, said a new report released today by Columbia Law School’s Human Rights Clinic.
The Civilian Impact Of Drones: Unexamined Costs, Unanswered Questions,
2012
Columbia Law School
The Civilian Impact Of Drones: Unexamined Costs, Unanswered Questions, Human Rights Clinic, Center For Civilians In Conflict (Civic)
Human Rights Institute
Since 2008, the US has dramatically increased its lethal targeting of alleged militants through the use of weaponized drones—formally called unmanned aerial vehicles (UAV) or remotely piloted aircraft (RPA). Novel technologies always raise new ethical, legal, and practical chal- lenges, but concerns about drone strikes have been heightened by their role in what might colloquially be termed “covert drone strikes” outside the established combat theater of Af- ghanistan. Airstrike campaigns in Pakistan, Yemen, and Somalia are conducted with a degree of government secrecy enabled by the fact that there are few supporting US ground troops and/or CIA agents in these …
Applying Holder In An Irregular War,
2012
Loyola University Chicago, School of Law
Applying Holder In An Irregular War, Ellen Porter
Public Interest Law Reporter
No abstract provided.
Marsh Usa Inc. V. Cook: One Final Step Away From Light.,
2012
St. Mary's University
Marsh Usa Inc. V. Cook: One Final Step Away From Light., Michael D. Paul
St. Mary's Law Journal
Abstract Forthcoming.
Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations,
2012
Loyola University Chicago, School of Law
Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn
Faculty Publications & Other Works
No abstract provided.
Support And Defend: Civil-Military Relations In The Age Of Obama,
2012
Pace Law School
Support And Defend: Civil-Military Relations In The Age Of Obama, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
Part I discusses A More Perfect Military: How the Constitution Can Make Our Military Stronger by law professor Diane Mazur, a new book that examines recent civil-military relations in the United States. Her carefully constructed work maintains that since the Vietnam era, the United States Supreme Court has hewn the armed forces from general society in order to create a separate—and more socially conservative—sphere. Part II discusses The Decline and Fall of the American Republic by constitutional scholar Bruce Ackerman, a wise and wide-ranging book that argues that the nation’s polity is in decline and that the increasingly politicized armed …
From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start,
2012
The George Washington University Law School
From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans
Cardozo Journal of International and Comparative Law
No abstract provided.
Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses,
2012
Benjamin N. Cardozo School of Law
Defending America Against Chinese Cyber Espionage Through The Use Of Active Defenses, Alexander Melnitzky
Cardozo Journal of International and Comparative Law
The note argues that cyber espionage, particularly by China, poses a significant threat to U.S. national security and should be treated as a national security issue rather than solely a criminal matter. It advocates for the use of active defenses as a legal and justified response, asserting that such measures align with international law and the principles of jus ad bellum and jus in bello.
Texas's Spoliation Presumption.,
2012
St. Mary's University
Texas's Spoliation Presumption., Rebecca Simmons, Michael J. Ritter
St. Mary's Law Journal
Abstract Forthcoming.
Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Unfinished Business: A Discussion Of Remedies For Victims Of Involuntary Dismissal Under Don't Ask, Don't Tell And Its Predecessor, Toward A True Reconciliation, Robert I. Correales
Scholarly Works
By examining another dark chapter in American history-the internment of Japanese Americans during World War II-this Article makes a moral and legal case for a more complete resolution of harms to victims of anti-gay military discrimination. The successful reparations campaign waged by Japanese Americans who were interned during World War II has provided both inspiration and a helpful blueprint for reparation movements worldwide. This article seeks to show that by observing the parallels between these two dark periods, it is clear that DADT's historical chapter cannot be closed until reparations are paid to those who were victimized by the policies …
The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Un "Surrogate State" And The Foundation Of Refugee Policy In The Middle East, Michael Kagan
Scholarly Works
Many challenges surrounding refugee protection relate to a de facto shift of responsibility from sovereign governments to the UN Refugee Agency (UNHCR) to directly administer refugee policy. This phenomenon is legally anomalous, and it is UNHCR policy to avoid the operation of such "parallel structures." Yet the existence of a UN "surrogate state" offers important advantages to some host governments, which makes state-to- UNHCR responsibility shift difficult to reverse. Using the Arab Middle East as a case study, this article argues that, while not ideal, UNHCR's state substitution role offers important symbolic and material benefits to governments that host refugees …
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans,
2012
Schulich School of Law, Dalhousie University
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam,
2012
Loyola University Chicago, School of Law
Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam, Margaret Jones
Public Interest Law Reporter
No abstract provided.
Inheritance Rights Of Posthumously Conceived Children In Texas Comment.,
2012
St. Mary's University
Inheritance Rights Of Posthumously Conceived Children In Texas Comment., Allison Stewart Ellis
St. Mary's Law Journal
The Texas Legislature should update its legislation pertaining to posthumously conceived children. More than 20,000 children are born from artificial insemination each year, some of whom are conceived following their father’s death. Whether or not these children are entitled to a share in their father’s estate is a question for each state legislature. Many states have adopted a version of the Uniform Parentage Act (UPA). The UPA states that once paternity of a posthumously conceived child is established, the child is entitled to inherit from the deceased’s estate. Texas has adopted the UPA in part and has added stringent requirements …
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay.,
2012
St. Mary's University
Consumer Bankruptcy Policy: Ability To Pay And Catholic Social Teaching Essay., Richard Flint
St. Mary's Law Journal
An essay is presented on consumer bankruptcy policy in the U.S. It informs about the significant changes in the consumer bankruptcy introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including incorporation of an ability-to-pay test as a requirement for getting the benefits of the act. It reviews the Catholic social teaching related to the interrelationship between the dignity of man and his rights and duties to promote justice and the common good.
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform.,
2012
St. Mary's University
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
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 …
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge.,
2012
St. Mary's University
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
St. Mary's Law Journal
The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …
Expanding Protective Order Coverage.,
2012
St. Mary's University
Expanding Protective Order Coverage., Kellie K. Player
St. Mary's Law Journal
The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …
