Harvard Journal of Law & Public Policy articles from June 2004

Harvard Journal of Law & Public Policy archives from June 2004

Rediscovering international law through dialogue rather than diatribe: reflections on an international legal conference in the aftermath of operation Iraqi freedom.
June 22, 2004... I. INTRODUCTION The articles in this symposium were among the many presented by distinguished scholars and policymakers who attended the Ninth Annual Joint United States European Command and Federal Republic of Germany Ministry of Defense...

Humanitarian intervention and international law.
June 22, 2004... Nothing seems to have divided international lawyers as much in recent years as the question of humanitarian intervention. Discussions on the subject seem to produce an explosive mixture of ethics, politics, and law; and it is not always clear...

U.S. security strategies: a legal assessment.
June 22, 2004... In less than five years, the United States has participated in three major military campaigns, each an apparent departure from then-prevailing use-of-force paradigms. NATO conducted the first, Operation Allied Force, in 1999, to end abuse of...

Operation Iraqi freedom: legal and policy considerations.
June 22, 2004... On the eve of Operation Iraqi Freedom, I was asked by Dr. Laurie Mylroie to write a 5,000-word legal defense of the campaign to remove Saddam Hussein from power by force to appear in a new book she was writing. (1) It took me 15,000 words to...

Ethical and legal dimensions of the Bush "preemption" strategy.
June 22, 2004... We will cooperate with other nations to deny, contain, and curtail our enemies' efforts to acquire dangerous technologies. And, as a matter of common sense and self-defense, America will act against such emerging threats before they are fully...

Just peace and the asymmetric threat: national self-defense in uncharted waters.
June 22, 2004... I. PROBLEMS CONCERNING JUST WAR A. Waging War B. Waging War Against Non-State Actors C. Preemptive Strikes 1. Timing of Preemptive Strikes 2. Rational Decisions Leading to Preemption D. Applying Just War to...

Factors in war to peace transitions.
June 22, 2004... Situations of international armed conflict regularly give rise to some misunderstandings with regard to the applicable law and its interpretation. This especially holds true if these misunderstandings are reinforced by statements of a purely...

Comments on war.
June 22, 2004... I. LAW V. JUSTICE Many theologians, ethicists, political scientists and occasionally even international lawyers would like to revive the "just war" (bellum justum) doctrine in present-day international law. This doctrine was prevalent in...

Is regulation good for you?
June 22, 2004... Will all federal regulations soon pass a benefit-cost test? If the OMB's 2003 report is any indicator, the answer may be yes-at least for some categories of regulations. Applying the midpoint of OMB's estimates for quantified costs and benefits...

Unprincipled family dissolution: the American Law Institutes recommendations for spousal support and division of property.
June 22, 2004... I. INTRODUCTION A. Why Serious Reform of Family Law Is Needed B. Basic Flaws in the Reporters' Response C. The Reporters' Failure to Reign In Judicial Discretion II. THE REPORTERS' RATIONALES FOR "COMPENSATORY PAYMENTS" ...

Forcible antipsychotic medication and the unfortunate side effects of Sell v. United States.
June 22, 2004... The right to refuse medical treatment is a constitutionally protected liberty which has long been recognized in the common law as an important element of individual autonomy. (1) Yet the exercise of this right has traditionally been limited to...

Abandoning bedrock principles? The Musgrave amendment and federalism.
June 22, 2004... Activist judges... have begun redefining marriage by court order, without regard for the will off the people and their elected representatives. On an issue of such great consequence, the people's voice must be heard. If judges insist on...