Military, War, and Peace Commons^™

Taxing Combat, Kan Samuel

Faculty Scholarship

No abstract provided.

Treason In The Age Of Terrorism: Do Americans Who Join Isis 'Levy War' Against The United States?, Stephen Jackson

American University National Security Law Brief

No abstract provided.

Time For The Creation Of A Standing U.N. Armed Peace Service And The Potential Employment Of Experienced U.S. Veterans As A Significant Component Of Such A Force, Ronald Sievert

The International Lawyer

No abstract provided.

Techniques For Regulating Military Force, Monica Hakimi

Book Chapters

This chapter draws on the five chapters that follow—each of which describes the war powers in a single country—to identify and analyze some of the techniques for regulating this area of foreign affairs and then to reflect on the value of comparative research on it. Three basic techniques are: (1) to establish substantive standards on when the government may or may not use force, (2) to divide among different branches of government the authority to deploy the country’s armed forces, and (3) to subject such decisions to oversight or review. There is considerable variation, both across countries and over time …

This We’Ll Defend: Expanding Ucmj Article 2 Subject Matter Jurisdiction As A Response To Nonconsensual Distribution Of Illicit Photographs, Nicholas Karp

University of Michigan Journal of Law Reform

In March 2017, it was revealed that current and former armed service members shared thousands of nude photos of their female counterparts over social media. Although some of these photos were taken with the women’s consent, almost none of them were distributed with the women’s consent.

Victims have little legal recourse. Military law is silent on the matter of non-consensual distribution. Federal civilian law speaks only to interstate stalking, domestic violence, and harassment, while only thirty-four states have revenge porn laws that sufficiently criminalize nonconsensual distribution of illicit photographs. Further complicating matters, the perpetrator’s military status as active duty, reservist, …

International Advocate For Peace Award Acceptance Speech, James Paul Mccartney

Cardozo Journal of Conflict Resolution

On May 28, 2019, the Cardozo Journal of Conflict Resolution presented the Nineteenth Annual International Advocate for Peace Award to Sir James Paul McCartney at Cardozo Law School's forty-first Commencement Ceremony. What follows is a transcription of the award ceremony, including Sir McCartney's acceptance speech.

How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez

Catholic University Journal of Law and Technology

This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …

An Information Operations Theory Of Domestic Counterterrorism Efforts, Tung Yin

South Carolina Law Review

No abstract provided.

The Legal Architecture Of United Nations Peacekeeping: A Case Study Of Unifil, Layan Charara

Michigan Journal of International Law

This Note explores the ways UNIFIL is a unique peacekeeping force that can still teach broader lessons about UN peacekeeping It is organized into four parts: Part I provides a contour of UN peacekeeping operations; Part II chronicles the history of UNIFIL; Part III analyzes the current legal regime with respect to UN peacekeeping; and Part IV surveys solutions offered in the past and recommends more apposite courses of action to strengthen the legal recourse available to peacekeepers and their families.

The Non-Proliferation Of Nuclear Weapons As Jus Cogens, Gaela Normile

Penn State Law Review (2003 - Present)

As a result of the Manhattan Project, a secret nuclear weapons program in 1946, the United States became the first nation in the world to secure a nuclear weapon. Although the United States’ nuclear weapon resulted in an international desire to attain similar capabilities, the leading scientists of the Manhattan Project released a somber statement that first reflected the destructive nature of nuclear weapons. The Manhattan Project scientists warned that a “grave danger lies ahead” if the issues associated with the weapon were not “carefully analyzed and discussed with competent authorities.”

The statement released by the Manhattan Project scientists was …

Preliminary Hearings In The United States Military, Frank Rosenblatt

Journal Articles

In the United States military justice system, cases cannot proceed to the most serious criminal forum, the general court-martial, unless they are first subject to a preliminary hearing pursuant to Article 32 of the Uniform Code of Military Justice (UCMJ).2 Given its status as a jurisdictional threshold, Article 32 plays a consequential role in shaping which cases go forward to trial and which ones fall by the wayside to lesser forms of disposition

Remembering, David Schlitz

Mighty Pen Project Anthology & Archive

A Coastie recalls the life onboard with his mates, the many rescues, the hard work of the sea, and his youth.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Bombolini, David Aldridge

Mighty Pen Project Anthology & Archive

A seasoned soldier takes in a new guy against his better judgement and does his best to keep the man alive.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Hog Board, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young Marine in training stands up to his drill instructors on behalf of his mother.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Pop Rivet, Chris Knaggs

Mighty Pen Project Anthology & Archive

On a nuclear submarine, in a modern Navy, blending the sexes proves to be a challenge for the Old Guard.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Dress Code, Joe Maslanka

Mighty Pen Project Anthology & Archive

A former Marine struggles to find his place in the civilian world.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

The Regulation Of Space Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space tourism has to be regulated as a subset of private spaceflight activities, whereby humans are sent to outer space in a fundamentally private context. In addition to space law, air law would be relevant for addressing private spaceflight, but neither regime has at the international level regulated relevant activities to any appreciable extent. They provide little more than a set of guiding overarching principles. Much of the onus of future regulation will fall on the shoulders of individual states, most notably the United States. In the more distant future, this may result in a special international regime, using elements …

Legal Challenges In The Context Of The European Space Policy, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction

If institutionalism is about the extent to which institutions influence the political and legal realms, and (political) neoinstitutionalism in that respect stresses the extent to which decisions by political actors are framed by institutions, European space policy would present a very interesting example thereof.

It should be noted, however, that this contribution addresses the issue of European space policy from a predominantly legal vantage point, not that of political science, meaning that even such concepts as “policy” and “institution” are first and foremost being discussed in their legal connotation and context, read from the perspective of a lawyer. Such …

Legal Ethics And Canada's Military Lawyers, Andrew Martin

Articles, Book Chapters, & Popular Press

English Abstract: Military lawyers—lawyers who are legal officers in the Canadian Forces— are virtually ignored in the Canadian legal literature. This article assesses what appear to be the most striking potential legal ethics issues facing military lawyers. Several of these issues arise because military lawyers are both lawyers and military officers at the same time, and therefore face two sets of obligations that interact in complex ways. Some issues, however, arise because of the special practice contexts of military lawyers, for example, advising military commanders on the law of armed conflict. As context for this discussion, the article examines the …

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about the military. In doing so, I argue that there are, in fact, two militaries residing within the Department of Defense (DoD): an “operational” and an “administrative” military.

In Part II, I propose this new two-military analytical framework. This Part begins with a brief historical overview of the dual-military state and argues that these two militaries coexisted in some form since the nation’s founding, grew further apart following World War II and the National Security Act, and effectively separated following the passage of the 1986 Goldwater-Nichols Act.

Part III analyzes the Goldwater-Nichols …