Volume 22 , Issue 1: Defense Policy

Articles

Lawyers at War

This Article contends that the professional elite and the bar associations are at war with the military of the United States. It asserts that among educated classes and cadres, there is a prevailing hostility to all institutions that are organized on military lines or that assimilate military values and a suspicion of the people in these institutions and professions: the police, FBI, and Boy Scouts. Read more about Lawyers at War

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 1
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Electronic Surveillance In An Era of Modern Technology and Evolving Threats to National Security

Since the first Internet transmission, we have been deepening our dependence on digital communications. This Article will review the history of electronic surveillance authorities, explain how these authorities are relevant to today’s cyber security issues, identify the insufficiencies of the three specific laws on this topic, and recommend discrete amendments to these statues. The text highlights the deficiencies in the authorities governing U.S. Read more about Electronic Surveillance In An Era of Modern Technology and Evolving Threats to National Security

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 11
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Indefinite Detention Under the Laws of War

With regards to Guantanamo Bay, the law of armed conflict sets forth customary and conventional law, which provides a clear framework for detention for the duration of hostilities. This Article contends that the basic provisions and safeguards currently extant in the LOAC are sufficient to establish a legitimate indefinite detention paradigm. Read more about Indefinite Detention Under the Laws of War

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 41
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Human Shields Modern Armed Conflicts: The Need for a Proportionate Proportionality

The use of civilians as human shields during hostilities has become one of the major problems facing democracies in contemporary armed conflicts. This Article asserts that, despite their growing importance, these occurrences are not given the attention they deserve from the international community. Read more about Human Shields Modern Armed Conflicts: The Need for a Proportionate Proportionality

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 93
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Effect of the National Security Paradigm On Criminal Law

Terrorism sits at the juncture of national defense and criminal law. Part I of this Article addresses the impact of modern national security law on the assumptions and goals that underlie the criminal system. Part II of this Article addresses how the national security paradigm is changing the way in which we draft and interpret penal code sections or criminal statues. Part III of the Article focuses on the availability of affirmative defenses under the new paradigm. Read more about Effect of the National Security Paradigm On Criminal Law

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 129
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PTSD in Returning Wounded Warriors: Ensuring Medically Appropriate Evaluation and Legal Representation Through Legislative Reform

Historically, veterans face challenges negotiating the Department of Veterans Affairs disability claims process. This Article proposes legislative reform that would allow veterans who struggle with the claims process, such as those with PTSD, the choice to hire an attorney to represent them during the initial claims process. Read more about PTSD in Returning Wounded Warriors: Ensuring Medically Appropriate Evaluation and Legal Representation Through Legislative Reform

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 177
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The New Wages of War - Devaluing Death and Injury: Conceptualizing Duty and Employment in Combat Zones

This Article explores the growing interface between civilian employment and military service in war zones. It is motivated by changes in waging war. The U.S. once had a vertically integrated process to transport troops, run supply chains, and maintain equipment. Today, the military outsources these functions to private companies. Read more about The New Wages of War - Devaluing Death and Injury: Conceptualizing Duty and Employment in Combat Zones

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 217
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Thinking the Unthinkable: Has the Time Come to Offer Combatant Immunity to Non-State Actors?

During the past several decades, the law of armed conflict applicable to armed conflicts between states and armed conflicts between states and non-state groups has undergone a major transformation. This Article reviews the origins of the lawful/unlawful enemy combatant dichotomy. It also discuses the effects the United States desires to achieve by applying this dichotomy to transnational non-state actors. Read more about Thinking the Unthinkable: Has the Time Come to Offer Combatant Immunity to Non-State Actors?

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 253
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“To Care for Him Who Shall Have Borne the Battle”: The Recent Development of Veterans Treatment Courts in America

This Article addresses whether drug and mental health courts are the best options for responding to veterans who are charged with crimes. It addresses the status of American veterans in the criminal justice system and the events since the start of the wars in Afghanistan and Iraq that have drawn increased attention to the problem. Read more about “To Care for Him Who Shall Have Borne the Battle”: The Recent Development of Veterans Treatment Courts in America

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 295
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Notes

All Groundwater is Local: California’s New Groundwater Monitoring Law

In November 2009, the California Legislature passed, and Governor Arnold Schwarzenegger signed into law a package of water legislation amounting to possibly the single biggest overhaul of the state’s water system in nearly half a century. The fifth bill approved by the legislature, S.B.X.7 6 requires that all groundwater be monitored by state or local agencies by 2010 to gauge the rate at which water is being extracted and recharged. This Article describes the background against which S.B.X.7 6 was enacted. Read more about All Groundwater is Local: California’s New Groundwater Monitoring Law

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 317
  • Note

Debt to Society? The Washington State Legislature’s Efforts to Restore Voting Rights to Persons with Felony Convictions

With the enactment of H.B. 1517, the Voting Rights Restoration Act, Washington now automatically restores voting right to persons with felony convictions as soon as they complete their criminal sentences. Previously, the state denied voting rights to persons with felony convictions who had completed their mandated terms of prison, probation or parole, but who still owed fees and costs associated with their sentence, including interest. This Note sketches the backdrop against which H.B. Read more about Debt to Society? The Washington State Legislature’s Efforts to Restore Voting Rights to Persons with Felony Convictions

  • January 2011
  • 22 Stan.L.& Pol'y Rev. 329
  • Note