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Air Force Law Review

criminal accountability, state responsibility, and cultural considerations

Humiliating and degrading treatment under international humanitarian law: criminal accountability, state responsibility, and cultural considerations Stephen Erikkson The enemy pursues me, he crushes me to the ground; he makes me dwell in darkness like those long dead. So my spirit grows faint within me; my heart within me is dismayed. (1) I. INTRODUCTION At some […]

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Air Force Law Review

Andrew Jackson and His Indian Wars

Andrew Jackson and His Indian Wars – Book Review Christopher A. Love “Burn their dwellings-destroy their stock-slay their wives and children, that the very breed may perish.” (1) Shawnee Chief Tecumseh to the Creek Indians, 1811 “[I] think myself justified in laying waste their villages, burning their homes, killing their warriors and leading into Captivity […]

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Air Force Law Review

The use of conventional international law in combating terrorism: a maginot line for modern civilization employing the principles of anticipatory self-defense & preemption

The use of conventional international law in combating terrorism: a maginot line for modern civilization employing the principles of anticipatory self-defense & preemption Joshua E. Kastenberg We do not differentiate between those dressed in military uniforms and civilians; they are all targets in this fatwa. Osama bill Laden (2) On 11 September 2001, 2,938 persons […]

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Air Force Law Review

Al-Qaeda & Taliban unlawful combatant detainees, unlawful belligerency, and the international laws of armed conflict

Al-Qaeda & Taliban unlawful combatant detainees, unlawful belligerency, and the international laws of armed conflict Joseph P. Bialke I. INTRODUCTION International Obligations & Responsibilities and the International Rule of Law The United States (U.S.) is currently detaining several hundred al-Qaeda and Taliban unlawful enemy combatants from more than 40 countries at a multi-million dollar maximum-security […]

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Air Force Law Review

special court-martial convening authority cannot refer a capital charge

United States V. Henderson: special court-martial convening authority cannot refer a capital charge Mike Roderick I. FACTS In United States v. Henderson, (1) the Court of Appeals for the Armed Forces held that a special court-martial lacked jurisdiction over a capital charge of willfully hazarding a vessel and the lesser-included charge of negligently hazarding a […]

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Air Force Law Review

Psychiatric disabilities in the federal workplace: employment law considerations

Psychiatric disabilities in the federal workplace: employment law considerations Miranda W. Turner I. INTRODUCTION According to the National Institute of Mental Health (“NIMH”), in any given year, approximately 22.1% of adult Americans suffer from a mental disorder that would be diagnosable according to DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, FOURTH EDITION (“DSM-IV”) criteria sets […]

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Air Force Law Review

enemy exploitation of the law of armed conflict, and the struggle for a moral high ground

Collateral damage on the 21st century battlefield: enemy exploitation of the law of armed conflict, and the struggle for a moral high ground Jefferson D. Reynolds I. INTRODUCTION “Whoso obeyeth Allah and the messenger, they are with those unto whom Allah hath shown favor, of the prophets and the saints and the martyrs and the […]

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Air Force Law Review

the Supreme Court opens the floodgates with Rasul v. Bush

Bring it on: the Supreme Court opens the floodgates with Rasul v. Bush Christopher M. Schumann The issue of whether aliens detained outside United States sovereign territory may invoke habeas relief and challenge the basis of their detention seemed to be settled law with the decision of the United States Supreme Court in Johnson v. […]

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Air Force Law Review

Cultural resource preservation law: the enhanced focus on American Indians

Cultural resource preservation law: the enhanced focus on American Indians Lauryne Wright To us the ashes of our ancestors are sacred and their resting place is hallowed ground. Our religion is the tradition of our ancestors–the dreams of our old men, given them in the solemn hours of night by the Great Spirit,” and the […]

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Air Force Law Review

enemy exploitation of the law of armed conflict, and the struggle for a moral high ground

Collateral damage on the 21st century battlefield: enemy exploitation of the law of armed conflict, and the struggle for a moral high ground Jefferson D. Reynolds I. INTRODUCTION “Whoso obeyeth Allah and the messenger, they are with those unto whom Allah hath shown favor, of the prophets and the saints and the martyrs and the […]