forthcoming scholarship
* Forthcoming scholarship Foreign Affairs Originalism in Youngstown’s Shadow St. Louis University Law Journal (Vol. 53, 2008) Stephen I. Vladeck American University Washington College of Law In An...
View Articleforthcoming scholarship
Symmetry and Selectivity: What Happens in International Law When the World Changes Chicago Journal of International Law, (forthcoming) Paul B. Stephan (Univ. of Virginia – Law) This article has a...
View ArticleUnited States v. Jawad; forthcoming scholarship
1. United States v. Jawad (Ct. Mil. Com. Rev. Feb. 4, 2009) The U.S. Court of Military Commission Review has granted the government a stay until May 20th in United States v. Jawad, in order to give the...
View ArticleAl Mutairi v. United States; forthcoming scholarship
1. Khalid Abdullah Mishal Al Mutairi v. United States (D.D.C. July 29, 2009) (opinion explaining decision to grant habeas to GTMO detainee) Back on July 29th, Judge Kollar-Kotelly granted Al Mutairi’s...
View Articleaudio for the January 25th “Mind the Gap” IHL presentation
I posted about this event last week. The audio is now available: 1. Mind the Gap: International Human Rights Law and the Law of Armed Conflict? Event Information Monday, January 25 2010 / 2:30 pm...
View ArticleLegitimacy Versus Legality Redux: Arming the Syrian Rebels
The provision of lethal aid to the Syrian rebels appears questionable from a purely legal perspective. It would arguably amount to a use of force. Neither of the traditional legal justi?cations for the...
View Article“On Target”: Precision & Balance in the Contemporary Law of Targeting
Schmitt and Widmar explore the law of targeting within international humanitarian law (IHL) and its application to international and non-international armed conflict. The article examines the “five...
View ArticleOf Guns & Grotius
Kellman discusses the breakthroughs in the development of explosive weapons since the 13th century. He then analyzes the evolution of theories on the international law of war as expounded by Grotius,...
View Article“Friend of Humans”: An Argument for Developing Autonomous Weapons Systems
Toscano reviews the state of autonomous robotic technology on the modern battlefield, in both its current and anticipated instances. He suggests that existing legal frameworks in international...
View ArticleNo Place in the Military: The Judiciary’s Failure to Compensate Victims of...
Patrie conducts a careful and detailed examination of sexual assault in the military with a review of several recent high-profile cases. She proposes a framework to enforce judicial noninterference in...
View ArticleThe Implications of Trying National Security Cases in Article III Courts
The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism cases. Kaplan reviews several judicial challenges...
View ArticleCyber Weapons & Export Control: Incorporating Dual Use with the PrEP Model
Trey Herr and Paul Rosenzweig take up the complex task of characterizing software products in the context of the current export regulatory regime. Herr and Rosenzweig use their PrEP model to...
View ArticleInternational Law & Military Strategy: Changes in the Strategic Operating...
In this article, Kevin Rousseau explores the ways in which the modern focus on international humanitarian law has affected strategic decisions of both weak and major powers. Rousseau provides examples...
View ArticleThe Covert Action Statute: The CIA’s Blank Check?
MAJ Peter Combe argues that the covert action statute prohibits the Central Intelligence Agency from violating self-executing treaties to which the United States is party, as well as non-self-executing...
View ArticleTotality of the Circumstances: The DOD Law of War Manual & the Evolving...
Major Ryan Krebsbach argues that the US Department of Defense Law of War Manual appropriately balances the need to protect civilians against the necessity of ensuring that individuals do not use the...
View ArticleAssessing US Justifications for Using Force in Response to Syria’s Chemical...
Michael Schmitt and Christopher Ford unpack the Trump Administration’s legal justifications for the April 2017 United States attack on a Syrian airfield in response to its use of chemical weapons...
View ArticleProxy War Ethics
In this article, Anthony Pfaff discusses what ethical norms should govern proxy war and the relationships that sustain them; the way the existence of a benefactor-proxy relationship complicates the...
View ArticleJust War and Conduct in War: An Airman’s Reflection
The business that we are all somehow associated with—of contemplating war, preparing for war, deterring war, initiating war, prosecuting war, providing relief in war, ending war, recovering from war—is...
View ArticleMilitary Justice: A Very Short Introduction (Book Review)
Eugene Fidell’s recently published book Military Justice: A Very Short Introduction fills an existing gap in academic military justice literature by providing readers with a condensed book focused...
View ArticleCountering the Prominence Effect: How US National Security Lawyers Can...
Decision researchers describe a “prominence effect” that leads decision makers to choose an option with more defensible attributes when quantitative assessment of those options is difficult. Prominence...
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