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 unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that Article III courts […]
Dawn of the Intercontinental Sniper: The Drone’s Cascading Contribution to the Modern Battlefield’s Complexity
Stephen L. Schooner and Nathaniel E. Castellano review Richard Whittle’s Predator: The Secret Origins of the Drone Revolution. The authors highlight the cast of quirky characters that drive the narrative element of Whittle’s book while recounting the ethical dilemmas, national security issues, and bureaucratic challenges that attend one of the nation’s most successful weapons development […]
No Place in the Military: The Judiciary’s Failure to Compensate Victims of Military Sexual Assault & a Suggested Path Forward Using Lessons from the Prison Context
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 sensitive military affairs while also ensuring that the military does not violate servicemembers’ constitutional rights
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 humanitarian law and the laws of war are equipped to deal with this novel form of weaponry.
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 elements” of a target operation, including the target, the weapon used, the execution of the attack, possible collateral damage and incidental injury, and location of the strike. The […]