Military, War, and Peace Commons^™

Can Congress Make A President Step Up A War?, Charles Tiefer

All Faculty Scholarship

May Congress use its appropriation power to direct the President to step up a war? When Congress uses its spending power for intensifying a war-stepping it up, pressing it more aggressively-against the resistance of a "less hawkish" Commander in Chief, who wins?

This Article posits differences of view in the 2010s toward the Afghanistan war as a way to revisit, generally, the history of constitutional disputes over war-related appropriation riders. Describing the differences in very simplistic terms, a "hawkish" opposition in Congress may gain political strength at any time, such as in 2010 or 2014, not necessarily because of the …

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

Articles

No abstract provided.

Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum

Articles

In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the United States Supreme Court held that agencies should determine the meaning of ambiguous statutes. But in the veterans law case Brown v. Gardner, the Supreme Court directed lower courts to resolve interpretive doubt in ambiguous statutes in favor of veterans. Which interpretation controls when a statute is ambiguous-the agency's reasonable interpretation or the veteran's interpretation? To date, none of the courts faced with this conflict have resolved this question clearly or definitively; indeed, the United States Court of Appeals for Veterans Claims recently asked the Supreme Court …

Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

Humanitarian Intervention, The Responsibility To Protect, And Confused Legitimacy, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Humanitarian Intervention and the Responsibility to Protect: Who Should Intervene? By James Pattison. Oxford: Oxford University Press, 2010. 284 pp.

and

Humanitarian Intervention: An Introduction. By Aidan Hehir. New York: Palgrave Macmillan, 2010. 303pp.

Security Now: Addressing The Needs Of Darfur’S Children, Nicole Judd

Human Rights & Human Welfare

In the Darfur region of Sudan, over 2.3 million children have been affected by the ongoing genocide (UNICEF 2008). Unlike their adult counterparts, children are impacted more severely by the consequences of warfare as they are undergoing a fragile developmental process. While each one of the affected children has had their basic human rights violated in some form, the narrative of trauma differs between groups. Sexually-exploited girls, boy soldiers, unaccompanied children, and those who remain in under-resourced camps have experienced the protracted violence in unique ways. To mitigate the effects of war, each group should receive individualized humanitarian assistance as …

We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

In 2007, Professor Eric K Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth commission to redress the post-9/11 torture program in a new Inclusive Model for Social Healing. In the past, reparations advocates have relied on litigation-a strategic model that excludes participants other than the named parties-to

obtain redress. By increasing the number of stakeholders in a reparations scheme, …

Issues Concerning Charges For Driving While Intoxicated In Texas Federal Courts., Brian L. Owsley

St. Mary's Law Journal

Each year numerous defendants appear in courts located in Texas, both state and federal, charged with offenses related to driving while intoxicated (DWI). Defendants appearing before state courts are prosecuted pursuant to Texas statutes, regulations, and binding case law. In certain circumstances, defendants appearing in federal courts face the same statutory elements of a crime and the same potential penalties as in a Texas state court. In many of the cases, however, statutory elements and potential penalties differ. Furthermore, certain rights and regulations afforded to Texas state defendants are unavailable to those charged in federal courts located in the state. …

Home Sweet Homestead - Not If You Are Subject To A Mandatory Homeowners' Association., Bridget M. Fuselier

St. Mary's Law Journal

Changes must be made to current Texas laws to strike a proper balance between the homeowners’ rights and the homeowners association’s (HOA) rights. The Texas Supreme Court’s decision in Inwood North Homeowners’ Ass’n v. Harris allows liens to attach to what would otherwise be considered homestead-protected property. Although the promise in Inwood was set forth in writing, touched and concerned the land, was intended to run with the land, and was properly recorded, that did not create a contractual lien. The court, however, incorrectly combined the concepts of liens and covenants. Furthermore, the court seemed to ignore the important and …

What Happened: Confronting Confrontation In The Wake Of Bullcoming, Bryant, And Crawford., Dibrell Waldrip, Sara M. Berkeley

St. Mary's Law Journal

Crawford v. Washington and its progeny demonstrate the difficulty of delineating both the core and the perimeter of the Confrontation Clause. Crawford abrogated Ohio v. Roberts, forcing trial lawyers to re-evaluate the use of various types of hearsay formerly admitted upon a finding of adequate “indicia of reliability.” Later the Court issued two decisions further altering the contours of Confrontation Clause jurisprudence. Michigan v. Bryant and Bullcoming v. New Mexico. With these options, the old Roberts “indicia of reliability” test transformed into the new “primary purpose” test to identify certain testimonial statements. By significantly altering the contours of Confrontation Clause …

Limiting The Foreclosure Power Of Texas Hoas With A Percentage Threshold Comment., Laci Ehlers

St. Mary's Law Journal

Abstract Forthcoming.

Measure Twice, Shoot Once: Higher Care For Cia-Targeted Killing, Afsheen John Radsan, Richard Murphy

Faculty Scholarship

For almost a decade, the United States has deployed unmanned aerial vehicles, or "drones," to kill targeted members of Al Qaeda and the Taliban. Central Intelligence Agency (CIA) drone strikes in Pakistan have, in particular, stirred strong debates over the legality of such actions. Some commentators insist that these strikes are legal under international humanitarian law (IHL) or as a matter of self-defense. Others insist that the United States' targeted killing amounts to murder.

It is critical for the law to determine how to control killer drones and the future of warfare. As technology evolves, drones will develop sharper senses …

Veterans Benefits In 2010: A New Dialogue Between The Supreme Court And The Federal Circuit, Paul R. Gugliuzza

American University Law Review

No abstract provided.

Examining Entrenched Masculinities Within The Republican Government Tradition, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

“May all our citizens be soldiers, and all our soldiers citizens,” Sarah Livingston Jay toasted to revelers celebrating the Revolutionary War in 1789. She expressly conveyed what this article describes as the “foundational fusion” of republican government traditions coupling the military service of citizens-soldiers with male political citizenship. While the core of this fusion is deep, long-standing, and well-documented, this article explores the implicit tensions conveyed in her toast – the dominant masculinity dimensions of this foundational fusion. How do women and black men historically gain full political citizenship and effectuate republican government guarantees given its anchoring in entrenched dominant …

Responses To The Ten Questions, Shane Harris

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, James M. Rosenbaum

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Michael W. Lewis

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Eric Jensen

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Robert D. Sloane

William Mitchell Law Review

No abstract provided.