Browse Items (37 total)

4StJohnsJIntlL71.pdf
The purpose of this paper is to highlight the conundrum of establishing the factual connection between the regime that secretly sponsors or supports terror and the actual acts of terror. To hold a regime responsible for terrorism, accountability must…

STMU_HomecomingCLE2013Addicott.pdf
The presentation will examine the activities of the Center of Terrorism Law, which was founded in 2003, over the past ten years. Discussion will include U.S. Patriot Act, War Powers, USNORTHCOM, Congressional, Executive, and Judicial actions, and…

STMU_HomecomingCLE2012Addicott.pdf
This lecture will discuss current and emerging legal and policy issues in the “War on Terror” to include Rules of Engagement, Military Commissions, Enemy Combatant designations, and other issues that the Center for Terrorism Law is currently…

STMU_HomecomingCLE2011Addicott.pdf
Society's dependency on the workings of cyberspace provides opportunities for criminals, terrorists, and even corporate insiders to conduct malicious activities. Accordingly, significant changes have taken place in terms of the expansion of federal…

28MelbourneLRev253.pdf
The best primer for constructing the legal framework surrounding bioterrorism is a wonderfully researched and incisive book by Professor Victoria Sutton, appropriately titled Law and Bioterrorism. As the Director of the Center for Biodefense, Law and…

JURISTNov26_2013Addicott.pdf
JURIST Guest Columnist Jeffrey Addicott of St. Mary's University School of Law says that the Second Circuit's opinion upholding the conviction of alien enemy combatant Ghailani offers a unique view into how a federal appeals court grapples with the…

BriefAmiciCuriaeStMarysUSchoolOfL556US848.pdf
QUESTION PRESENTED Whether Congress intended, as evidenced in the text and legislative history of Section 1503 of the Emergency Wartime Supplemental Appropriations Act of 2003 (EWSAA), to authorize the President to set aside the long-standing…

7BarryLRev109.pdf
The purpose of this article is not only to address the major points of this paradox, but to explore whether religion itself, or any particular religion, is responsible for the continuing cycles of world conflict, to include al-Qa'eda-styled…

37URichLRev751.pdf
The purpose of this article is to provide a policy and legal analysis of the U.S. position regarding assassination, as viewed in the context of the lawful use of preemptive military force. In doing so, the article examines the deficiencies of the…

3JNatlSecurityL11.pdf
The paper is divided into four major parts: Historical Context; International Human Rights Law; U.S. Military Efforts to Promote Human Rights in the Post-Cold War Era; and Human Rights Training for the Post Castro Cuban Military. The first part…

28RevLitig343.pdf
Out of a myriad of concerns in this evolving arena-ranging from criminal jurisdiction, to training, to labor and employment law-this Article focuses on providing an overview of the "political question" doctrine's development in recent case law…

5UMassRoundtableSymposiumLJ192.pdf
Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that…

139MilLRev153.pdf
Representing the antithesis of the conduct of United States Armed Forces during the Liberation and Defense of Kuwait, the My Lai massacre was a nightmarish event that most Americans would like to forget. Nevertheless, My Lai never must be forgotten.…

136MilLRev116.pdf
Many are unaware of the phenomenal benefits that our military has most certainly drawn from General Lee. Curiously, this was brought out by the battle in the Persian Gulf, When reporters asked General Schwarzkopf which military leaders he most…

Oct1994ArmyLawyer68.pdf
To better accomplish the transfer of DOD installations in Panama to the GOP, on 23 August 1994, the TIPA released a comprehensive policy guidance document(PGD) entitled,"Policy Guidance for the Transfer of DOD Installations to the Govemment of…

May1992ArmyLawyer36.pdf
For the past 8 years, Army Special Forces have conducted training and operations with friendly foreign forces outside the continental United States. The Army has obtained funding for these operations under what has been termed the "special forces…

Feb1993ArmyLawyer78.pdf
A number of armies and defense ministries have turned to the JAGC to assist them in defining how the law can function properly in their military establishments, and further, how the military itself should fit into a more democratic form of government…

Dec1994ArmyLawyer45.pdf
The Army Judge Advocate General's Corps (JAGC) Corps has recently undertaken two significant initiatives designed to enhance human rights training at the United States Army School of the Americas (SOA or School). First, in August of 1994, an Army…

July1995ArmyLawyer60.pdf
Over the course of an eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov,…

Sept1996ArmyLawyer47.pdf
Invariably, the four basic points stressed to host nation soldiers are: (1) human rights abuses are never tolerated by a democratic populace (e.g., the American public); (2) such violations do not shorten the conflict, be it internal or external in…

JURISTOct10_2011.pdf
Despite the confusion as to whether US criminal law or the law of war should apply, the killing of Anwar al-Awlaqi was legal under the law of war, which must govern in this instance.

STMU_TheScholarStMarysLRev_v04i2p0209_Addicott.pdf
The purpose of this monograph is to survey the dominant characteristics of the War on Terror and to briefly highlight some of the legal and policy implications that confront the United States. Ultimately, even if one is cynical enough to believe that…

13TexRevLPol44.pdf
The purpose of this paper is to provide a brief overview of the efficacy of the Protect America Act in the context of the new ground it covers. If one couples the phenomenal technical advances in telecommunications technology) with an…

Sept2010ManagingSecurityTodaySept19.pdf
One proposal to halt or slow illegal immigration is the creation of a national identity card, which is standard fare for all democratic nations in Western Europe. Proponents of this highly debated concept argue that such a card would not only stop…

Dec1990ArmyLawyer47.pdf
The Center for Law and Military Operations, The Judge Advocate General’s School, United States Army, (TJAGSA) held the First Center for Law and Military Operations Symposium from 18 to 20 April 1990. Sixty participants, representing the Army, Navy,…

DalgishCochranWinegarAddicott_StateOpenGovernment_2007.pdf
This guide was created for a project conducted by the Center for Terrorism Law, St. Mary’s University Law School supported by a 2006 “Congressionally-Directed Homeland Defense and Civil Support Threat Information Collection” grant administered…

April2012CenterTerrorismLReport63.pdf
The purpose of this paper is to propose the creation of an autonomous administrative oversight board – ROE Review Board – for military personnel who face adverse administrative punishment for alleged violations of combat rules of engagement…

AddicottGarcia_SelectedEssays_2008.pdf
Covers the following areas: Overview, critical infrastructure, public health, cyber security, political structure, terror investigations, and international approach

128MilLRev35.pdf
Concentrating on security assistance, combined training military exercises, and the peacetime use of special forces (SF), this article will survey these “force multipliers” as essential elements of a coordinated U.S. approach towards Southeast…

45CaseWResJIntlL259.pdf
The confusion associated with comprehending fundamental legal concepts associated with how America conducts the “War on Terror” centers around the unwillingness of the U.S. government to properly distinguish al-Qaeda unlawful enemy combatants…

31Parameters72.pdf
America has conducted itself in the post-Cold War era with the understanding that fostering democracies and encouraging military establishments subject to the rule of law are vital to US national security interests. In this regard, the warfighting…

30PaceLR340.pdf
The purpose of this monograph is to provide a brief overview of what President Obama did during his first year in office vis-à-vis developing a coherent legal and policy strategy for dealing with al-Qa‟eda, the Taliban, and associated forces. In…

28HoustonJIntlL324.pdf
Along with identifying the legal and policy considerations associated with these issues, this Article addresses civil liability to the parent contracting company should it fail to provide adequate protection, or
appropriate AT training, or both, to…

21PassItOn1.pdf
Whether emanating from a terrorist organization, criminal element, severe weather incident or human error, a significant cyber disruption is very likely to affect the United States in the foreseeable future; it is naïve to think otherwise. Despite…

JeffreyAddicottSpeechEndingGenocideWarAvoidance.pdf
As the world makes its way through the first decade of the 21st century, thoughtful
students of history still debate the depth of positive change that has come to the
international community since the end of the Cold War. With the benefit of almost…

6LongTermView77.pdf
The purpose of this article is to briefly examine the primary international legal instrument dealing with illegal rendition. One issue that has received much attention in the context of the interrogation of suspected terrorists is the improper use…
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