“Leveling the Deference Playing Field” Kathryn E. Kovacs (Rutgers) Judicial deference to federal agency expertise is appropriate. What is not appropriate is the judicial tendency to give the military more deference than other agencies not only in cases that directly implicate military expertise, but also in administrative law cases raising constitutional, environmental, and employment issues.… Continue reading forthcoming scholarship
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nationalsecuritylaw forthcoming scholarship
* forthcoming scholarship "The Mexican Drug War: The Case for a Non-International Armed Conflict Classification" Fordham International Law Journal, Vol. 34, p. 1042, 2011 CARINA BERGAL, affiliation not provided to SSRN Since Felipe Calderon’s ascension to the Mexican presidency in 2006, approximately 30,000 people have died as a result of the protracted and gruesome drug… Continue reading nationalsecuritylaw forthcoming scholarship
nationalsecuritylaw forthcoming scholarship
* Forthcoming Scholarship "Privileging Asymmetric Warfare (Part ll)?: The ‘Proportionality’ Principle Under International Humanitarian Law" Chicago Journal of International Law, Forthcoming SAMUEL ESTREICHER, New York University Law School The laws of war are undergoing a fundamental transformation. The first step was the unmooring of the obligations of states and armies from the binds of reciprocity… Continue reading nationalsecuritylaw forthcoming scholarship