Browsing Law School by Author "Newton, Michael A., 1962-"

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    • Exceptional Engagement: Protocol I and a World United Against Terrorism 
      Newton, Michael A., 1962- (Texas International Law Journal, 2009)
      This article challenges the prevailing view that U.S. "exceptionalism" provides the strongest narrative for the U.S. rejection of Additional Protocol I to the 1949 Geneva Conventions. The United States chose not to adopt ...
    • Illustrating Illegitimate Lawfare 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2010)
      Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide ...
    • Inadvertent Implications of the War Powers Resolution 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2012)
      The constitutional infirmity of the War Powers Resolution has been uniformly demonstrated by more than four decades of bipartisan experience. The Resolution manifestly fails to eliminate the healthy interbranch tensions ...
    • International Criminal Law Aspects of the War Against Terrorism 
      Newton, Michael A., 1962- (2003)
      The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the ...
    • Modern Military Necessity: The Role & Relevance of Military Lawyers 
      Newton, Michael A., 1962- (Roger Williams University Law Review, 2007)
      Modern warfare presents an array of legalistic overtones that require the presence and participation of attorneys of exceptional courage and breadth of expertise in demanding and austere conditions. Military lawyers today ...
    • Some Observations on the Future of U.S. Military Commissions 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2009)
      The Obama Administration confronts many of the same practical and legal complexities that interagency experts debated in the fall of 2001. Military commissions remain a valid, if unwieldy, tool to be used at the discretion ...
    • Why Criminal Culpability Should Follow the Critical Path: Reframing the Theory of "Effective Control" 
      Newton, Michael A., 1962-; Kuhlman, Casey (Netherlands Yearbook of International Law, 2010)
      Commanders are the critical path enabling the formation and employment of any fighting organization. By extension, their units are most militarily effective where they are governed by adequate control mechanisms. The classic ...