Military, War, and Peace Commons^™

Drones And The U.S. Courts, Richard D. Rosen

William Mitchell Law Review

No abstract provided.

The U.K.'S Counter-Terrorist Strategy, Mark Williams

William Mitchell Law Review

No abstract provided.

Beige On Beige, Afsheen John Radsan

William Mitchell Law Review

No abstract provided.

Targeted Killing And The Courts: A Response To Alan Dershowitz, Jameel Jaffer

William Mitchell Law Review

No abstract provided.

Not Reading Means Losing: The National Security Cost Of Ignoring Osama Bin Laden's Words, Michael Scheuer

William Mitchell Law Review

No abstract provided.

Non-Deployable: The Court-Martial System In Combat From 2001 To 2009, Frank Rosenblatt

Journal Articles

There have been no empirical studies examining how well the court-martial system has actually performed in America's recent conflicts. This Article attempts such a study, and the findings largely contradict the conventional wisdom. After-action reports from deployed judge advocates show a nearly unanimous recognition that the full-bore application of military justice was impossible in the combat zone. In practice, deployed commanders and judge advocates exercised all possible alternatives to avoid the crushing burdens of conducting courts-martial, such as sending misconduct back to the home station, granting leniency, and a more frequent use of administrative discharge procedures. By any measure - …

A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham

St. Mary's Law Journal

Historically, Texas has boasted a very lucrative oil and gas industry, which has been vital to the state’s successful economy. Due to increased drilling in urban areas, particularly the Barnett Shale, the number of affected surface owners multiplied overnight, attracting attention to oil and gas issues. Legislation has been purported to remedy the longtime conflict in Texas property law caused by the dominance of the mineral estate over the surface estate. But no bill has passed having major policy-change implications. Currently, local governments freely adopt and enforce oil and gas regulations. These ordinances vary from city-to-city, creating inconsistencies for operators …

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

UF Law Faculty Publications

The Supreme Court of the United States rarely grants certiorari in a veterans benefits case. Congress gave the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over veterans appeals in 1988 but, until 2009, the Supreme Court had reviewed only two Federal Circuit veterans decisions. In the 2010 Term, however, the Court decided its second veterans case in less than two years. Although patent lawyers are familiar with a trend of increasing Supreme Court interest in the Federal Circuit’s work, little attention has been paid to the similar, albeit incipient, trend that may be emerging in the …

Outside The Wire: American Exceptionalism And Counterinsurgency, David Fidler

Articles by Maurer Faculty

No abstract provided.

Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen

Faculty Journal Articles and Book Chapters

The recent acquittal of the first Guantanamo Bay detainee to stand trial in U.S. federal court on all but one of the 286 charges he faced stemming from the 1998 bombings of two U.S. embassies in Africa has reinvigorated the discussion on indefinite detention under the laws of war. While the issue has been raised in the past, the discussion hasn’t extended beyond stating that the law of war, or law of armed conflict (LOAC) as it is often called, provides a legal basis for detention, including detention for the duration of hostilities. In fact, the Obama Administration has made …

Gay Vet’S Separation Pay Claim Alive, Arthur S. Leonard

Other Publications

No abstract provided.

Reemployment Under Userra Sections 4312 & 4313: At Will Employment Vs. Temporary Employment, Richard L. Pate

WCBT Faculty Publications

As thousands of service members return to the U.S., severe economic conditions render acclimation to civilian life especially difficult. In 2010, as the combat mission in Iraq approached an end, the unemployment rate of Iraq and Afghanistan era veterans had reached 13.1 percent. The Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301-4333 (1994) ("USERRA"), was enacted, in great part, to mitigate harms such as those caused by the aforementioned perfect storm. Among other things, USERRA protects service members by entitling them to reemployment after military service. More specifically, USERRA Sections 4312 & 4313 entitle returning service members …

Targeted Killing: The Case Of Anwar Al-Aulaqi, John C. Dehn, Kevin Jon Heller

Faculty Publications & Other Works

No abstract provided.

The Commander-In-Chief And The Necessities Of War: A Conceptual Framework, John C. Dehn

Faculty Publications & Other Works

No abstract provided.

From The Welfare State To The Militarized Market: Losing Choices, Controlling Losers, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Accumulating Insecurity: Violence and Dispossession in the Making of Everyday Life, Shelley Feldman, Charles Geisler & Gayatri A. Menon, eds.

Beneath a libertarian surface, free market economic ideas and policies have helped rationalize the strengthening of anti-democratic moral and political fundamentalism. The triumph of market freedom has been accompanied by increasing authoritarian government control in many spheres.

This chapter explains how a two-step rhetorical move in prevailing economic ideology turns authoritarianism and austerity into the route to freedom and growth. First, free market ideology constructs the increasingly limited and bad economic choices of a declining …

Child Soldiers And The Duty Of Nations To Protect Children From Participation In Armed Conflict, Luz E. Nagle

Cardozo Journal of International and Comparative Law

The article advocates for enhanced international cooperation and stricter enforcement mechanisms to protect child soldiers, emphasizing the need to address both legal and societal challenges to end their exploitation in conflicts.

Occupied Or Not: The Question Of Gaza's Legal Status After The Israeli Disengagement, Solon Solomon

Cardozo Journal of International and Comparative Law

In September 2005, Israel withdrew its army and dismantled all of its settlements in the Gaza Strip, claiming that Gaza's occupation had come to an end. Yet Israel did retain control over Gaza's border crossings, aerial and water space; leading to claims by the Palestinian side as well as some international scholars that the Israeli occupation had not come to an end. The following note will examine these arguments and will take the position that the current status of the Gaza Strip is a sui generis one, where positive law, applied in globo, cannot provide an adequate approach. As …

Can We Find And Stop The "Jihad Janes"?, Diane Webber

Cardozo Journal of International and Comparative Law

The article examines the challenges faced by the United States and the United Kingdom in identifying and preventing homegrown terrorism, despite their advanced surveillance tools and legal frameworks. It highlights the limitations of current surveillance laws, such as the gap in U.S. Title III law, and the need for a more preventive approach to counterterrorism. The analysis underscores the tension between privacy rights and national security, emphasizing the difficulty in balancing these interests effectively.

Desert And Avoidability In Self-Defence, François Tanguay-Renaud

Articles & Book Chapters

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise.

Carl Schmitt And The Critique Of Lawfare, David Luban

Georgetown Law Faculty Publications and Other Works

“Lawfare” is the use of law as a weapon of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law—lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested argument, and ultimately …