Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy,
2012
Cleveland-Marshall College of Law, Cleveland State University
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio
Law Faculty Articles and Essays
The Soviet secret police murdered thousands of Poles near the Katyn Forest, just outside the Russian city of Smolensk, in the early spring of 1940. The Soviets targeted members of the Polish intelligentsia-military officers, doctors, engineers, police officers, and teachers-which Stalin, the Soviet leader, sought to eradicate preventively. At the start of World War II, the Soviet Union viewed Poland as attractive territory, to be conquered and potentially annexed after the war. The Katyn massacre was not discovered until 1943, by the Germans, who instantly blamed the Soviets. The latter, however, blamed the Germans, and the Western Allies begrudgingly accepted …
Disclosure’S Effects: Wikileaks And Transparency,
2012
University of Florida Levin College of Law
Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster
UF Law Faculty Publications
Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm and stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones—what I have described as transparency’s balance. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’ ability to receive and distribute leaked information cheaply, quickly, and …
The Constitutional Bond In Military Professionalism: A Reply To Professor Deborah N. Pearlstein,
2012
University of Florida Levin College of Law
The Constitutional Bond In Military Professionalism: A Reply To Professor Deborah N. Pearlstein, Diane H. Mazur
UF Law Faculty Publications
The Soldier, the State, and the Separation of Powers is important and very persuasive. (In this Response, I will call it Separation of Powers to distinguish it clearly from The Soldier and the State,7 the classic work on civil–military relations referenced in the title.) Professor Pearlstein asks the right questions and reaches the right conclusions—no small task when law professors have typically deferred to expertise in other fields, if not avoided the subject entirely.8 What do we mean by civilian control of the military? Where is the line between a military that offers its professional expertise to civilian decision makers …
Courts Have Answers To The Military Contractors’ So-Called Political Questions Raised In Carmichael V. Kellogg, Brown & Root Services, Inc.,
2012
The Catholic University of America, Columbus School of Law
Courts Have Answers To The Military Contractors’ So-Called Political Questions Raised In Carmichael V. Kellogg, Brown & Root Services, Inc., Kaelin Patrick Kuhn
Catholic University Law Review
No abstract provided.
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.
Inter Arma Enim Non Silent Leges,
2012
Columbia Law School
Inter Arma Enim Non Silent Leges, Philip C. Bobbitt
Faculty Scholarship
There is good reason to think that law and war have nothing to do with one another, and this has certainly been so for most of the lifetime of mankind. Cicero's famous observation-silent enim leges inter arma – from which I take my title, was not a novel insight when uttered in 52 B.C. and in any case was not said in the context of war, but of a prosecution for murder in the aftermath of the Roman riots of that era between the partisans of the populares and optimates. Clausewitz, however, said much the same thing when he decried …
Law And Ethics For Robot Soldiers,
2012
Columbia Law School
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman
Faculty Scholarship
Lethal autonomous machines will inevitably enter the future battlefield – but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …
Responses To The Five Questions,
2012
Duke Law School
Responses To The Five Questions, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Do We Need New Regulations In International Humanitarian Law? One American’S Perspective,
2012
Duke Law School
Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Ethical Issues Of The Practice Of National Security Law: Some Observations,
2012
Duke Law School
Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap
Faculty Scholarship
No abstract provided.
The Intersection Of Law And Ethics In Cyberwar: Some Reflections,
2012
Duke Law School
The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.
Faculty Scholarship
The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.
Law Of War Manuals And Warfighting: A Perspective,
2012
Duke Law School
Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Logic Of Terrorism,
2012
Barry University School of Law
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law,
2012
Barry University School of Law
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
Barry Law Review
No abstract provided.
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative.,
2012
St. Mary's University
Appropriate Testing And Resolution: How To Determine Whether Appropriation Art Is Transformative Fair Use Or Merely In Unauthorized Derivative., Eric D. Gorman
St. Mary's Law Journal
This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a …
Rites Without Rights: A Tale Of Two Military Commissions,
2012
University of Connecticut School of Law
Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
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.
