Sovereignty And The Promotion Of Peace In Non-International Armed Conflict,
2012
University of Colorado Law School
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain
Publications
No abstract provided.
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated],
2012
William & Mary Law School
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone
Faculty Publications
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies,
2011
Brigham Young University Law School
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
BYU Law Review
No abstract provided.
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell,
2011
William & Mary Law School
Turning Points: Challenges And Successes In Ending Don't Ask, Don't Tell, Michelle Benecke
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance,
2011
William & Mary Law School
The Few, The Proud, The Gays: Don't Ask, Don't Tell And The Trap Of Tolerance, Suzanna Danuta Walters
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts,
2011
William & Mary Law School
The Don't Ask, Don't Tell Repeal Act: Breaching The Constitutional Ramparts, Herbert W. Titus
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Children At War: The Criminal Responsibility Of Child Soldiers,
2011
Universiteit van Tilburg
Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert
Pace International Law Review Online Companion
The problem of child soldiers is not going to go away. While it may not be a popular solution, child soldiers need to be prosecuted for the actions they commit during conflicts in addition to the prosecution of child soldier recruiters. Without legal ramifications, there is no incentive for the child soldier recruiters to stop their actions. This article explores how both child soldiers and their recruiters can be prosecuted for actions committed during conflict.
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action,
2011
University of Miami Law School
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
University of Miami International and Comparative Law Review
The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …
Untangling Belligerency From Neutrality In The Conflict With Al-Qaeda,
2011
Boston University
Untangling Belligerency From Neutrality In The Conflict With Al-Qaeda, Rebecca Ingber
Faculty Scholarship
The legal architecture for the conflict with al-Qaeda and the Taliban has been the subject of extensive scrutiny through two presidential administrations, a decade of litigation, and multiple acts of Congress. All three branches of the federal government have to date defined the framework as one of armed conflict, and have looked to the laws of war as support for expansive authorities concerning the use of force, including detention. Yet the laws of war do not merely contemplate broad state authority; they also provide critical and non-derogable constraints on that authority. Nevertheless considerable debate rages on with respect to whether …
Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future,
2011
Florida International University College of Law
Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future, Margaret (Peggy) Maisel
Cardozo Journal of International and Comparative Law
The article argues that Truth and Reconciliation Commissions (TRCs) have largely failed to adequately address human rights violations against women due to their male-centered frameworks, which prioritize public sphere violations over private sphere abuses. While some TRCs, such as those in Sierra Leone and Peru, have made strides in incorporating gender considerations, others, like the South African TRC, have excluded women's experiences, perpetuating gender inequality. The article advocates for a gender-inclusive approach to ensure women's voices and violations are integral to reconciliation processes, emphasizing the need to address both civil-political and economic-social rights.
Military's Approach To Appellate Law, The,
2011
University of Arkansas Little Rock
Military's Approach To Appellate Law, The, Jay L. Thoman
The Journal of Appellate Practice and Process
No abstract provided.
Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts,
2011
United States District Court for the Southern District of New York
Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock
Buffalo Human Rights Law Review
No abstract provided.
Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict,
2011
University at Buffalo School of Law (Student)
Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes
Buffalo Human Rights Law Review
No abstract provided.
Making Fiction Of Facts In The Israeli Spy Case,
2011
University of Baltimore School of Law
Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus
All Faculty Scholarship
The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.
No More 'Sha Still',
2011
University of Baltimore School of Law
No More 'Sha Still', Kenneth Lasson
All Faculty Scholarship
This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.
Introduction (Volume 87),
2011
U.S. Naval War College
Table Of Contents (Volume 87),
2011
U.S. Naval War College
Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks),
2011
Georgetown University Law Center
Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks), Rosa Ehrenreich Brooks
Testimony Before Congress
I know that members of this sub-committee are deeply committed to ensuring that reform of strategic communication organizational structures and policies remains a top priority for the executive branch. I have to confess that in my former role as a Defense Department official with responsibility for a range of SC and IO issues, I was not always wholly grateful for your interest: you and your colleagues on the House Appropriations Committee put the Department through the ringer with quite a lot of different reporting requirements. As a citizen, however, I am deeply grateful to you for having kept us on …
Masthead,
2011
University of Miami Law School
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Front Matter And Table Of Contents,
2011
University of Miami Law School
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
