Open Access. Powered by Scholars. Published by Universities.®

Military, War, and Peace Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,314 Full-Text Articles 5,072 Authors 7,589,522 Downloads 185 Institutions

All Articles in Military, War, and Peace

Faceted Search

6,314 full-text articles. Page 171 of 174.

Responses To The Ten Questions, Joshua L. Dratel 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Joshua L. Dratel

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, John Ip 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, John Ip

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Edward B. MacMahon Jr. 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Edward B. Macmahon Jr.

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, John T. Parry 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, John T. Parry

William Mitchell Law Review

No abstract provided.


The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards III 2010 Mitchell Hamline School of Law

The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii

William Mitchell Law Review

No abstract provided.


Foreign Public Opinion And National Security, Dakota S. Rudesill 2010 Mitchell Hamline School of Law

Foreign Public Opinion And National Security, Dakota S. Rudesill

William Mitchell Law Review

No abstract provided.


The End Of Al Qaeda? Rethinking The Legal End Of The War On Terror, Adam Klein 2010 Columbia Law School

The End Of Al Qaeda? Rethinking The Legal End Of The War On Terror, Adam Klein

National Security Law Program

As the war on terrorism approaches its second decade, the open-ended nature of the 2001 Authorization for the Use of Military Force (AUMF) has given rise to the legal question of when, and how, the conflict will end. The indeterminate nature of the conflict has raised fears that the war powers will continue to be exercised indefinitely-a prospect noted with concern by the Supreme Court in Boumediene v. Bush. The prevailing view among legal scholars is that under existing precedents, the AUMF and the concomitant war powers will continue indefinitely in force until the political branches officially declare the …


The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr. 2010 Duke Law School

The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


“Runaway Train”: Controlling Crimes Committed By Private Contractors Through Application Of The Uniform Code Of Military Justice, Matthew Dahl 2010 Barry University School of Law

“Runaway Train”: Controlling Crimes Committed By Private Contractors Through Application Of The Uniform Code Of Military Justice, Matthew Dahl

Barry Law Review

This paper will argue that, in the absence of effective alternatives, the new law granting court-martial jurisdiction over civilians is a necessary step in effectively controlling crimes by private contractors and other civilians accompanying U.S. armed forces overseas if other measures are not effectuated. Part II will look at two important Supreme Court decisions that currently restrict the military’s ability to court-martial civilians, and it will also highlight the government’s attempts over the past 50 years to come up with a solution to the problem. Part III will examine three alternatives to the amendment to Article 2(a)(10) that could make …


Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank 2010 St. Mary's University

Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank

St. Mary's Law Journal

Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …


Saving Private Ryan's Tax Refund: Poverty Relief For All Working Poor Military Families, Francine J. Lipman 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Saving Private Ryan's Tax Refund: Poverty Relief For All Working Poor Military Families, Francine J. Lipman

Scholarly Works

No abstract provided.


A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis 2010 Washington and Lee University School of Law

A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis

Washington and Lee Law Review

The definition of torture is broken. The malleability of the term "severe pain or suffering" at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The "V know it when I see it" nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international Law's reliance on self-enforcement is considered After discussing current misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, this …


The Choice Of Law Against Terrorism, Mary Ellen O'Connell 2010 Notre Dame Law School

The Choice Of Law Against Terrorism, Mary Ellen O'Connell

Journal Articles

The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.


New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley 2010 St. Mary's University

New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley

St. Mary's Law Journal

A new law that recently took effect has changed the way non-judicial real property foreclosure sales work in Texas. The new law, known as House Bill 655 (HB 655), relates to foreclosure sales in Texas. HB 655 amends the language of Texas Property Code section 51.0075(f) dealing with when the purchase price is due at a foreclosure sale. The amendment, however, complicates foreclosure sales in Texas. The purchase price at the foreclosure sale is no longer due immediately. Instead, if a purchaser at a foreclosure sale requests additional time to deliver the purchase price, the trustee—the person conducting the foreclosure …


Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey 2010 St. Mary's University

Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey

St. Mary's Law Journal

Appraisal districts in Texas are implementing a system of taxation that is unequal and unfair. Texas counties, cities, and school districts depend on local ad valorem property taxes for revenue. Under the Texas Property Tax Code, the Code establishes appraisal districts to determine the value of taxable property. There is, however, a discrepancy between the cash value of the land and its appraisal value, especially when compared to commercial property and residential property. Commercial property and high-end residential real estate are often undervalued by appraisal districts throughout the state. Because commercial properties are under-appraised, the tax burden is being unequally …


Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney 2010 St. Mary's University

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney

St. Mary's Law Journal

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.


If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson 2010 St. Mary's University

If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …


Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson 2010 St. Mary's University

Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson

St. Mary's Law Journal

Abstract Forthcoming.


Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum 2010 St. Mary's University

Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum

St. Mary's Law Journal

The Texas Public Information Act (TPIA) grants everyone a statutory right to access records of a governmental body unless disclosure would violate the law. Generally, TPIA is construed broadly to favor disclosure, but the rise of modern technology like email and text messaging reveals how dated TPIA truly is. According to the recent City of Dallas v. Dallas Morning News, LP, a governmental body is not required to release any business-related electronic communications sent via personal devices. This means governmental employees can conduct official business via personal email or cell phone without being subject to disclosure provisions, unless the requester …


Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery 2010 St. Mary's University

Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery

St. Mary's Law Journal

Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Standards of review are the cornerstones of appeals. These standards must be woven into the discussion of the facts and substantive law in a manner which persuades the appellate court that the trial court erred. Litigants must measure their factual and legal arguments against the appropriate rubric to write an effective and persuasive brief. Appellate judges agree that mechanical recitation …


Digital Commons powered by bepress