The Legal Dilemma Of Guantánamo Detainees From Bush To Obama,
2011
William & Mary Law School
The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone
Faculty Publications
No abstract provided.
Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, The,
2010
University of Idaho College of Law
Case For Overseas Article Iii Courts: The Blackwater Effect And Criminal Accountability In The Age Of Privatization, The, Alan F. Williams
University of Michigan Journal of Law Reform
A series of high-profile cases involving the alleged murders of Iraqi civilians by U.S. contractors operating overseas has highlighted the longstanding problem of how best to address crimes committed overseas by civilian employees, dependents, or contractors of the U.S. government. Among the most notorious of these incidents is the alleged killing of seventeen Iraqi civilians in Nisour Square in Baghdad on September 16, 2007 by employees of Blackwater Worldwide, a private corporation specializing in military operations that has subsequently renamed itself "Xe."2News reports of this incident prompted embarrassment and outrage as many Americans learned that U.S. civilian contractors like the …
Free Speech And The Military Recruiter: Reaffirming The Marketplace Of Ideas,
2010
US Air Force
Free Speech And The Military Recruiter: Reaffirming The Marketplace Of Ideas, Charles G. Kels
Nevada Law Journal
No abstract provided.
Illustrating Illegitimate Lawfare,
2010
Vanderbilt University Law School
Illustrating Illegitimate Lawfare, Michael A. Newton
Vanderbilt Law School Faculty Publications
Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide practitioners. Clearly addressing the terminological imprecision in current understandings of lawfare, this essay is intended to help prevent further erosion of the corpus of jus in bello. Words matter, particularly when they are charged with legal significance and purport to convey legal rights and obligations. When purported legal “developments” actually undermine respect for the application and enforcement of humanitarian law, they are illegitimate. Although the laws and …
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010,
2010
American University Washington College of Law
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Legislation and Policy Brief
To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court,
2010
American University Washington College of Law
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
“For Any Reason”: Paper Promises To Protect Service Members,
2010
American University Washington College of Law
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
Legislation and Policy Brief
In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …
Adding Force Behind Military Sexual Assault Reform: The Role Of Prosecutorial Discretion In Ending Intra-Military Sexual Assault,
2010
University at Buffalo School of Law
Adding Force Behind Military Sexual Assault Reform: The Role Of Prosecutorial Discretion In Ending Intra-Military Sexual Assault, Mitsie Smith
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Just War In International Law: An Argument For A Deontological Approach To Humanitarian Law,
2010
University of Washington School of Law (Student)
Just War In International Law: An Argument For A Deontological Approach To Humanitarian Law, Ryan Dreveskracht
Buffalo Human Rights Law Review
No abstract provided.
Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System,
2010
West Virginia University
Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley
West Virginia Law Review
Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions,
2010
Seattle University School of Law
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell
Seattle University Law Review
Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe,
2010
Indiana University Maurer School of Law
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Indiana Journal of Global Legal Studies
Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary relations …
Mōri V. Japan: The Nagoya High Court Recognizes The Right To Live In Peace,
2010
University of Washington School of Law
Mōri V. Japan: The Nagoya High Court Recognizes The Right To Live In Peace, Hudson Hamilton
Washington International Law Journal
The following is a translation of the Nagoya High Court’s decision in Mōri v. Japan, a case challenging the constitutionality of Japan’s deployment of its Self-Defense Forces (“SDF”) to the Middle East in connection with the United States-led occupation of Iraq. Beginning in December of 2003, Japan deployed ground and air forces of the SDF to the Middle East, including three C-130H “Hercules” transport aircraft which were used to airlift coalition forces and supplies between Kuwait and Baghdad. In response, more than 5,700 citizens, represented by over 800 attorneys, filed lawsuits in eleven district courts across the country in …
The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution,
2010
Cleveland-Marshall College of Law, Cleveland State University
The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio
Law Faculty Articles and Essays
Over the past few years, piracy has exploded off the coast of Somalia. Somali pirates congregate on a "mother ship" and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons such as AK-47s and hand-propelled grenades, Somali pirates attack civilian ships carrying cargo through the Gulf of Aden, a body of water between Yemen and Somalia. Once they have overtaken the victim vessel, the pirates typically hijack the vessel's cargo and kidnap the crewmembers. The cargo is often resold to willing buyers or held for ransom. The crew are kept hostage in Somalia until either …
Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input,
2010
Harvard Law School
Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove
University of Michigan Journal of Law Reform
Once again embroiled in an unpopular overseas armed conflict, the United States faces difficult questions concerning the constitutional use of military force. Records from the Constitutional Convention suggest the Framers intended to lodge America's power to go to war with the Congress. While American presidents' early use of military force displays deference to the legislature, more recent military actions illustrate the executive's dominance in making war. Notwithstanding a few early court decisions in Congress 's favor, the judiciary has been unhelpful in restoring the constitutional Framers' vision for the administration of the war power Congress, therefore, has been forced to …
The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice,
2010
Michigan State University College of Law
The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso, David C. Baldus, George Woodworth
University of Michigan Journal of Law Reform
In 1984, the U.S. Armed Forces amended its capital punishment system for death eligible murder to bring it into compliance with Furman v. Georgia. Those amendments were modeled after death penalty legislation prevailing in over thirty states. After a brief period between 1986 and 1990, the charging decisions of commanders and the conviction and sentencing decisions of court martial members (jurors) transformed the military death penalty system into a dual system that treats two classes of death eligible murder quite differently. Since 1990, a member of the armed forces accused of a killing a commissioned officer or murder with a …
The Untouchables: Private Military Contractors' Criminal Accountability Under The Ucmj,
2010
Vanderbilt University Law School
The Untouchables: Private Military Contractors' Criminal Accountability Under The Ucmj, Katherin J. Chapman
Vanderbilt Law Review
September 16, 2007 has been called Baghdad's "Bloody Sunday."' On that scorching afternoon in Baghdad, Iraq, a team of Blackwater Worldwide private military contractors slew seventeen Iraqi civilianS and wounded twenty-seven others. A Blackwater spokesperson claimed that the civilian contractors reacted in response to an attack by enemy combatants and "heroically defended American lives." Despite such claims, U.S. soldiers who arrived at the scene within twenty-five minutes found no evidence of enemy activity and characterized the event as criminal. Despite such evidence and notwithstanding four potential sources of criminal law-international law, host-nation law, U.S. civilian law, and U.S. military law-these …
Terrorism And The Law: Show Trials And Why The Show Must Go On,
2010
Embry-Riddle Aeronautical University
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.
Heterosexuality And Military Service,
2010
Northwestern Pritzker School of Law
Heterosexuality And Military Service, Zachary A. Kramer
NULR Online
The Kentucky National Guard’s 940th Military Police Company is based in Walton, Kentucky, just south of the Kentucky-Ohio border. In November 2004, in anticipation of its deployment to Iraq, the 940th was mobilized and stationed at Fort Dix, New Jersey. Love was in the air at Fort Dix that fall. While the 940th was preparing for its year of service in Iraq, five couples in the unit got married. Amanda and Todd McCormick were one of those couples. The McCormicks spent their first year of marriage in an active war zone, where their duties included training the Iraqi police force, …
Do Drones Have A Silver Lining?,
2010
University of Denver
Do Drones Have A Silver Lining?, David Akerson
Human Rights & Human Welfare
Michael Abramowitz and Lawrence Woocher’s article, “How Genocide Became a National Security Threat,” flags an important milestone in American foreign policy, namely that mass atrocities might now be appropriately viewed as the national security threats that they are. The problem with translating this policy development into action is the next and not insignificant challenge. Aerial drones may be key to overcoming it.
