Laws of war Part 6 in the United States

62
In the Minds of Men: A Theory of Compliance with the Laws of War
William Bradford
Arizona State Law Journal
Volume 36, Number 4, Winter 2004    p.1243 LAW JOURNAL / LAW REVIEW

63
The Laws of War in the Pre-Dawn Light: Institutions and Obligations in Thucydides’ Peloponnesian War
Steve Sheppard
Columbia Journal of Transnational Law
Volume 43, Number 3, 2005    p.905 LAW JOURNAL / LAW REVIEW

64
Human rights and the military: The ‘chemical soldier’
Jo Bird and Greta Bird
Alternative Law Journal
Volume 30, Number 2, April 2005 LAW JOURNAL / LAW REVIEW
This article explores the military use of mind-altering drugs, particularly amphetamines and the ‘anti-remorse’ pill, to create an enhanced soldier. The enhanced soldier may lack capacity for the moral reason required to establish the commission of war crimes. The authors argue that the human rights of the soldier are being infringed and international conventions and domestic laws must be strengthened to remedy this.

65
Terrorism and the Laws of War
Eric A. Posner
Chicago Journal of International Law
Volume 5, Number 2, Winter 2005    p.423 LAW JOURNAL / LAW REVIEW

66
[Articles] Head of State Immunity in the Light of Multiple Legal Regimes and Non-Self-Contained System Theories: Theoretical Analysis of ICC Third Party Jurisdiction Against the Background of the 2003 Iraq War
Bantekas, I.
Journal of Conflict and Security Law
Volume 10, Number 1, Spring 2005 LAW JOURNAL / LAW REVIEW

International criminal law is characterised by a multiplicity of legal regimes; those comprising the family of domestic law; international criminal tribunal regimes that are susceptible only to the law circumscribed by the Security Council and which can differ from general international law; and international criminal tribunals whose competence is delineated by general international law. Within this variety of legal regimes the concept of immunity does not have uniform application, and conflicts between the regimes as such are obvious. The rejection of immunity ratione personae in the legal regimes composed by international tribunals is an exception to the general rule applicable in the regime of domestic criminal laws. An elaboration of our noncontained system theory attempts to demonstrate that the third party rule (in treaty law and by extension to legal regimes) cannot be sustained as legitimate on many occasions.

67
BARBARIANS AT THE GATES: A POST-SEPTEMBER 11TH PROPOSAL TO RATIONALIZE THE LAWS OF WAR
William Bradford
Mississippi Law Journal
Volume 73, Number 3, Winter 2004    p.639 LAW JOURNAL / LAW REVIEW

68
Use and Abuse of the Laws of War In the “War on Terrorism”
Marco Sassòli
Law and Inequality
Volume 22, Number 2, Summer 2004    p.195 LAW JOURNAL / LAW REVIEW

69
The Laws of War and NATO attacks on Yugoslavia
Noel Cox
Chicago-Kent Journal of International and Comparative Law
Volume 4, Spring 2004    p.Article 4 LAW JOURNAL / LAW REVIEW

70
THE CHANGING LAWS OF WAR: DO WE NEED A NEW LEGAL REGIME AFTER SEPTEMBER 11?
Notre Dame Law Review
Volume 79, Number 4, July 2004 LAW JOURNAL / LAW REVIEW

71
Protective Parity and the Laws of War
Derek Jinks
Notre Dame Law Review
Volume 79, Number 4, July 2004    p.1493 LAW JOURNAL / LAW REVIEW

72
A NEW PERSPECTIVE ON THE “WAR ON DRUGS”: COMPARING THE CONSEQUENCES OF SENTENCING POLICIES IN THE UNITED STATES AND ENGLAND
MaryBeth Lipp
Loyola of Los Angeles Law Review
Volume 37, Number 4, Spring 2004    p.979 LAW JOURNAL / LAW REVIEW
MaryBeth Lipp compares the drug sentencing laws in the United States, which employ rigid mandatory minimum sentences, with those of England, which give trial judges discretion to set sentences up to a statutory ceiling, taking into account the severity of the offense and the character of the defendant. Lipp finds that both systems have fueled increasing prison populations but that the United States suffers from a markedly higher rate of incarceration because its sentencing laws privilege violent offenses, as compared to nonviolent drug offenses, with shorter prison terms. Lipp’s comparison uncovers another unsettling consequence: Each nation disproportionately imprisons people of color for drug-related offenses. She concludes that neither system holds a cure for the social injustices occasioned by the war on drugs and argues that U.S. legislators should revisit the negative consequences that mandatory minimum sentences have yielded.

73
THE WAR ON TERRORISM AND THE ENEMY WITHIN: USING MILITARY COMMISSIONS TO PROSECUTE U.S. CITIZENS FOR TERRORIST-RELATED VIOLATIONS OF THE LAWS OF WAR
Brian W. Earley
New England Journal on Criminal and Civil Confinement
Volume 30, Number 1, Winter 2004    p.75 LAW JOURNAL / LAW REVIEW

74
The War on Terrorism Affects the Academy: Principal Post-September 11, 2001 Federal Anti-terrorism Statutes, Regulations and Policies that Apply to Colleges and Universities
Jamie Lewis Keith
Journal of College and University Law
Volume 30, Number 2, 2004    p.239 LAW JOURNAL / LAW REVIEW
This article focuses on post-September 11, 2001 federal laws and policies concerning bioterrorism prevention, federal law enforcement and investigatory powers, privacy, and export controls. The article addresses key provisions of each, observes their effects on fundamental academic principles, research and campus life, and provides guidance and forms on how to implement requirements to avoid the most undesirable results while supporting necessary compliance. The cumulative effects of these legal developments are considered in view of our nation’s interests as a leader in higher education, innovation, and the global economy.