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The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz

Journal of the National Association of Administrative Law Judiciary

A particularly prevalent type of claims in post-Boumediene cases are Bivens claims by detainees. One such case is Hamad v. Gates. Hamad represents a typical claim made by such detainees, and is the focus of this note. In Hamad, the Ninth Circuit held that a statute that had previously thought to be entirely overruled by Boumediene actually survived. This statute, 28 U.S.C. § 2241(e), stemmed from years of back-and-forth debate between the Supreme Court and Congress. The result of this conflict is still unsettled. The main issue is whether the Court’s primary concern in overruling the jurisdiction-stripping statutes of Congress …

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …

Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher

Buffalo Human Rights Law Review

No abstract provided.

The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell

Buffalo Human Rights Law Review

No abstract provided.

Hanoians’ Experience: Suspending Moral Bias To Recognize Human Dimensions Of War, Maggie Norsworthy

Independent Study Project (ISP) Collection

Talking about, and learning lessons from The American War in Vietnam can be a process whose genuine engagement requires a suspension—even if temporary—of moral and cultural biases that are embedded in the Western mindset. This research project is one that composes military strategy, government rhetoric, and very human accounts of war in Vietnam in order to understand how people in Hanoi experience and talk about war, with an ultimate aim of making some of these stories and lessons digestible to a Western audience.

My findings discuss some key components of the North Vietnamese mindset towards the American War in Vietnam: …

The Road To The Gettysburg Address, Alfred L. Brophy

Florida State University Law Review

This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …

The Problem Of Purpose In International Criminal Law, Patrick J. Keenan

Michigan Journal of International Law

Keenan addresses the problem of purposes in this Article, with two principal objectives. The first is to sort through the competing theories to identify the core purposes of international criminal law. The second is to show how those purposes are or can be put into effect in actual cases. These questions are important because the purposes for which the law is deployed significantly influence how it is deployed. Prosecutors bring different kinds of cases and argue different theories based at least in part on what they hope to achieve. For example, in the domestic context, prosecutors might choose to prioritize …

Humanitarian Intervention: Determining The Effectiveness Of Outsourcing Humanitarian Intervention During Humanitarian Crises, Clarissa Caola

Political Science Theses and Capstones

At the end of the Cold War we witnessed a growing reluctance on part of many national powers to intervene in international crises. This unwillingness allowed for the development of Private Military and Security Companies (PMSCs). PMSCs have been deployed to provide a wide variety of security-related functions including combat, logistics, training programs, and armed guarding of personnel and infrastructures. Exploring the concept of outsourcing these military functions, others have applied the idea towards addressing humanitarian crises. PMSCs may face fewer geopolitical impediments that can hinder the efforts of many state actors. In certain humanitarian crises PMSCs may better address …

Examining American Attitudes On The Use Of Military Drones, Todd Brandon

Political Science Theses and Capstones

Recent polls have revealed that Americans of both the political left and right support the use of military drones. This statement stands true among groups who traditionally do not support the use of military force. I hypothesize that people of a more liberal persuasion will be more concerned with whether or not the drone program endangers innocent civilians, while those of a more conservative view will be more concerned with the legality of conducting military drone strikes. I analyze data obtained from the Pew Research Center to examine people's attitudes on military drone strikes via framing theory. My hypothesis has …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Parameters – Full Issue – Spring 2016, Usawc Parameters

The US Army War College Quarterly: Parameters

Special Commentary: Making Sense of the “Long Wars” Tami Davis Biddle US Leadership and NATO Luis Simón, Alexander Mattelaer, John R. Deni, Magnus Petersson Is Nation-Building a Myth? Charles J. Sullivan, M. Chris Mason Learning from Today’s Wars Ben Nimmo, Roger N. McDermott, Erik W. Goepner

Contemporary Practice Of The United States Relating To International Law, April 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States Achieves Progress in Iran Relations with Nuclear Agreement Implementation, Prisoner Swap, and Hague Claims Tribunal Resolutions • European Union and United States Conclude Agreement to Regulate Transatlantic Personal Data Transfers • After Lengthy Delay, Congress Approves IMF Governance Reforms that Empower Emerging Market and Developing Countries • United States Joins Consensus on Paris Climate Agreement • United States and Eleven Other Nations Conclude Trans-Pacific Partnership

Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey

Fordham Urban Law Journal

No abstract provided.

Spatial Terrorism, Dawinder S. Sidhu

Fordham Urban Law Journal

Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …

Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein

Life of the Law School (1993- )

No abstract provided.

The New Way Of War: Is There A Duty To Use Drones?, Oren Gross

Florida Law Review

Part I of this Article briefly describes the newest battlespace occupants. Robotic systems have been taking active part in combat. They now inhabit the air, the land, and the sea. They carry out missions ranging from surveillance and bomb disposal to “destroy and disable.” Part II examines the relevant principles of LOAC. It argues that drones are not, per se, unlawful under LOAC. Rather, the critical question is the same for drones as for other types of weapons, i.e., whether the specific use of the weapon complies with LOAC. In this context, the weapon must be deployed in accordance with …

International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo

International Law Studies

Five of the most contentious territorial disputes that plague the Asia-Pacific today have their roots in the San Francisco Peace Treaty. The treaty required Japan to renounce all claims with regard to a number of lands, but failed to declare a successor State to these lands. Over the years, these disputes have intensified as a result of rising nationalism and a growing demand for ocean resources. This article discusses the merits of Japan’s claims to the Kurile Islands, Liancourt Rocks and Pinnacle Islands and concludes that Japan’s claims are superior to those of the other claimants.

The Cost Of War: Weighing Civilian Losses In The Afghan War, Jibey Asthappan

Criminal Justice Faculty Publications

Spending almost US $700 billion to combat insurgents in Afghanistan, the U.S. population should be hopeful that they “bought” something of value as the Afghan War concludes. This exploratory study focuses on evaluating operations within Afghanistan by accounting for enemy and civilian losses. Integration of civilian losses offers an opportunity to evaluate operations that represent societal losses to the Afghan people. Regression estimates using zero-inflated negative-binomial models indicate that military operations resulted in more civilian casualties than enemy losses.