“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has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed.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, …
The Collateral Consequences Of Masculinizing Violence,
2010
American University Washington College of Law
The Collateral Consequences Of Masculinizing Violence, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity – a dominant form of masculinity whereby some types of men have power over women and over some other men – can directly cause violence against women and reveals both the underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …
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.
Genocide Myopia: How Reframing Mass Atrocity Could Backfire,
2010
Trinity College
Genocide Myopia: How Reframing Mass Atrocity Could Backfire, Sonia Cardenas
Human Rights & Human Welfare
The United States has long viewed genocide and mass atrocity as tragic, moral problems divorced from national interests. This may be changing under the Obama administration, with genocide and mass atrocity being reframed as problems to be solved pragmatically. Michael Abramowitz and Lawrence Woocher celebrate this “unprecedented breakthrough” in Foreign Policy, urging President Obama to follow up with specific measures: strategic military planning, interagency coordination, firm leadership, and concrete action on Darfur. Despite the promise of overcoming inaction and focusing on prevention, the new vision of genocide and mass atrocity Abramowitz and Woocher depict remains myopic. It is narrowly focused …
A Break From The Old Routine....,
2010
University of Essex
A Break From The Old Routine...., Todd Landman
Human Rights & Human Welfare
Abramowitz and Woocher highlight a potentially significant shift in policy discourse in international relations with respect to humanitarianism and the prevention of genocide. For many years, the United States has suffered from the twin problems of the human rights “double standard” and “Catch-22.” On the one hand, particular countries have been seen as vital by the United States for intervention on humanitarian grounds even though many believed other geostrategic interests are at stake (e.g. Kosovo in 1999) and others have not (e.g. Rwanda in 1994). On the other hand, US intervention on humanitarian grounds can be criticized as heavy-handed or …
On Genocide And The National Interest,
2010
University of Manchester
On Genocide And The National Interest, James Pattison
Human Rights & Human Welfare
In the second presidential debate, Barack Obama said, in response to a question about the crisis in Darfur, that “when genocide is happening, when ethnic cleansing is happening somewhere around the world and we stand idly by, that diminishes us. And so I do believe that we have to consider it as part of our interests, our national interests, in intervening where possible.” In a similar vein, Michael Abramowitz and Lawrence Woocher highlight how genocide is increasingly being seen as a security threat by the White House.
Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa,
2010
Benjamin N. Cardozo School of Law
Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha
Cardozo Journal of International and Comparative Law
The note examines the tension between protecting U.S. military personnel's rights and respecting host nations' sovereignty through Status of Forces Agreements (SOFAs), focusing on cases from Korea, Japan, and Iraq. It argues that while SOFAs are designed to protect U.S. soldiers, they often infringe on host countries' sovereignty, leading to diplomatic tensions. The analysis highlights the imbalance in SOFAs, favoring the U.S. and undermining host nations' sovereignty, as perceived by citizens and governments. The author suggests that the U.S. needs to adjust its SOFA approach to avoid diplomatic tensions, recommending a more balanced jurisdictional framework.
The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship,
2010
Indiana University Maurer School of Law - Bloomington
The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra
Michigan Law Review
This Review proceeds in four parts, paralleling the chronological organization of War and Taxes. It focuses mainly on the book's analysis of the leading modern American wars, from the Civil War through the global conflicts of the twentieth century, up to the recent war on terror. Part I contrasts the tax policies of the Union and Confederacy during the Civil War to show how the Lincoln Administration was able to overcome Yankee resistance to wartime tax hikes to wage a war against a Southern Confederacy that resolutely resisted any type of centralized taxation until, of course, it was too late. …
