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Why Criminal Culpability Should Follow the Critical Path: Reframing the Theory of "Effective Control"
(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 ...
Illustrating Illegitimate Lawfare
(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
(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 ...