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Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael McDonnell 2017 University of Miami Law School

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

University of Miami Law Review

Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …


Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis 2017 University of Maine School of Law

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis

Maine Law Review

The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of the president's …


The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber 2017 University of Maryland Francis King Carey School of Law

The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber

Maryland Law Review

No abstract provided.


Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff 2017 University of Maryland Francis King Carey School of Law

Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff

Maryland Law Review

No abstract provided.


Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman 2017 US Army War College

Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman

The US Army War College Quarterly: Parameters

This article examines the potential implications of the combinations of robotics, artificial intelligence, and deep learning systems on the character and nature of war. The author employs Carl von Clausewitz’s trinity concept to discuss how autonomous weapons will impact the essential elements of war. The essay argues war’s essence, as politically directed violence fraught with friction, will remain its most enduring aspect, even if more intelligent machines are involved at every level.


The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman 2017 Purdue University

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …


Geopolitics Of Rare Earth Elements, Bert Chapman 2017 Purdue University

Geopolitics Of Rare Earth Elements, Bert Chapman

Libraries Faculty and Staff Presentations

Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …


President Bush, President Obama, And Executive Orders, Catie Witt 2017 Eastern Illinois University

President Bush, President Obama, And Executive Orders, Catie Witt

The Eastern Illinois University Political Science Review

This article examines the use of executive orders issued during the presidencies of George W. Bush and Barak Obama. Using case studies of the most significant executive order issued by each president, and by using quantitative data on the number of executive orders issued by each president during their first term in office, the author finds evidence that supports the “two presidencies” thesis. Moreover, the author finds evidence supporting the theory that Republican presidents are more likely to issue executive orders related to foreign policy, whereas Democratic presidents are more likely to issue executive orders related to domestic policy. Also, …


A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington 2017 Eastern Illinois University

A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington

The Eastern Illinois University Political Science Review

For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.


The Crime Of Conviction Of John Choon Yoo: The Actual Criminality In The Olc During The Bush Administration, Joseph Lavitt 2017 University of Maine School of Law

The Crime Of Conviction Of John Choon Yoo: The Actual Criminality In The Olc During The Bush Administration, Joseph Lavitt

Maine Law Review

At the outset of the administration of President Barack Obama, there is intense debate about whether to prosecute members of the former administration of President George W. Bush. This Article first considers whether officers who were in command and control of the Executive Branch of the government of the United States during the Bush administration can be excused from criminal responsibility on charges of illegal torture, based on their claim to have acted in good faith reliance upon the advice of attorneys employed by the Department of Justice. Focus then turns to the accountability, if any, of those attorneys in …


Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies 2017 Roger Williams University School of Law

Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel 2017 Roger Williams University School of Law

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding 2017 University of Arkansas Little Rock

Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding

University of Arkansas at Little Rock Law Review

No abstract provided.


Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile 2017 Maurer School of Law: Indiana University

Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile

Indiana Law Journal

This Note concludes that, although Zivotofsky I provides a basis for judicial review of the legality of the Obama Administration’s “hostilities” determination (and, by extension, other questions of statutory interpretation related to foreign affairs), that review could be blunted by judicial deference to the executive branch’s factual determinations relevant to whether the Libyan airstrikes constituted “hostilities” within the War Powers Resolution. By addressing the political question doctrine’s history and the response to Zivotofsky I, this Note will explore whether the political question doctrine—particularly in cases of statutory interpretation—has lost some of its force as a justiciability doctrine. This Note will …


Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson 2017 University of Michigan Law School

Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior


Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School of Law 2017 Associated Press

Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies 2017 Roger Williams University School of Law

The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School of Law 2017 Roger Williams University

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies 2017 Roger Williams University School of Law

Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies

Law Faculty Scholarship

No abstract provided.


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