Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It,
2011
University of Miami Law School
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: Finding The Light At The End Of The Tort,
2011
University of Miami Law School
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: The Demise Of Constitutional Avoidance,
2011
University of Miami Law School
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Terrorism Financing: The Rise And Fall Of Counter‐Terrorism Policy Primacy,
2011
University of Miami Law School
Terrorism Financing: The Rise And Fall Of Counter‐Terrorism Policy Primacy, Jonathan Vollinger
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?,
2011
University of Miami Law School
Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence,
2011
University of Miami Law School
Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence, Major Dennis Hager
University of Miami National Security & Armed Conflict Law Review
Less than a year after the September 11th attacks on New York and Washington D.C., terrorist groups in Southeast Asia carried out a number of high profile attacks in the region. In an area ripe for global terrorism the effects of counter‐terrorism conventions can be measured and the possibility of progress in the global war observed. The regional cooperation inherent in these conventions has been crucial to the success of peace for this region, and is especially significant considering the immense cultural and political differences among these nations.
With fourteen official languages and over 500 million people living in an …
Square Information, Round Categorization: Executive Order 13556 And Its Implementation Challenges,
2011
University of Miami Law School
Square Information, Round Categorization: Executive Order 13556 And Its Implementation Challenges, Austin Harris
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Diminishing Free Speech Rights Of Military Chaplains In The Aftermath Of Repealing “Don’T Ask Don’T Tell”,
2011
University of Miami Law School
The Diminishing Free Speech Rights Of Military Chaplains In The Aftermath Of Repealing “Don’T Ask Don’T Tell”, Elyse Stiner
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Prosecuting The Crime Of Aggression In The International Criminal Court,
2011
University of Miami Law School
Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Bureaucracy And The U.S. Response To Mass Atrocity,
2011
University of Miami Law School
Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal
University of Miami National Security & Armed Conflict Law Review
The U.S. response to mass atrocity has followed a predictable pattern of disbelief, rationalization, evasion, and retrospective expressions of regret. The pattern is consistent enough that we should be skeptical of chalking up the United States’ failures solely to a shifting array of isolated historical contingencies, from post‐Vietnam fatigue in the case of the Khmer Rouge to the Clinton administration’s recoil against humanitarian interventions after Somalia. It is implausible to suggest that the United States would have acted to mitigate or end mass atrocities but for the specific historical contingencies that happen to accompany each outbreak of violence. This essay …
Pulling Back The Covers: Saleh V. Titan Corporation And (Near) Blanket Immunity For Military Contractors In War Zones,
2011
University of Miami Law School
Pulling Back The Covers: Saleh V. Titan Corporation And (Near) Blanket Immunity For Military Contractors In War Zones, Ian S. Speir
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange,
2011
University of Miami Law School
Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions,
2011
Benjamin N. Cardozo School of Law
The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow
Cardozo Journal of International and Comparative Law
The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer …
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change,
2011
University of New Hampshire School of Law
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship
No abstract provided.
Let My People Go!,
2011
University of Baltimore School of Law
Let My People Go!, Kenneth Lasson
All Faculty Scholarship
This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction,
2011
University of Denver
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.
Double Standards Demystified,
2011
U.S. Institute of Peace
Double Standards Demystified, Jonas Claes
Human Rights & Human Welfare
At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.
A Structural Solution To Africa’S Wayward Presidents,
2011
University of Denver
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
Human Rights & Human Welfare
The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.
The Material Support Prosecution And Foreign Policy,
2011
University of South Carolina School of Law
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.
War, Politics, Law - And Love: Italy 1943-1946,
2011
University of Michigan Law School
War, Politics, Law - And Love: Italy 1943-1946, Eric Stein
Michigan Journal of International Law
In this piece I tell my story from four perspectives, ranging from the "highest"-institutional-to the "lowest"-personal. From the first perspective I offer a glimpse of the Allied military command structure during the Italian phase of World War II. From the second perspective, I focus in some detail on Allied military bodies established under the international law of occupation of enemy territory: the Allied Control Commission for Italy (ACC)-later the Allied Commission for Italy (AC)-headquarters of the Allied Military Government (AMG) and a point of communication with the King after the Italian surrender. Italy became a "co-belligerent" of the Allies and …
