Search Results - "The Air Force Law Review"
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Cyberspace, Electronic Warfare, and a Better Jus Ad Bellum Analogy
Published in The Air Force Law Review (22-03-2022)“…Part IV analyzes the wisdom of adopting the proposed analogical model in light of the text and purpose of the UN Charter, as well as how the UN Charter has…”
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Surfing On Base
Published in The Air Force Law Review (22-03-2022)“…From a legal standpoint, preserving these surfing breaks and diving locations on and near Department of Defense (DoD) installations is imperative to fulfill…”
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Continuous Evaluation and Credit Reports: Ensuring Fairness In Current Security Clearance Reforms
Published in The Air Force Law Review (22-03-2022)“…[11] The use of credit reports and consumer credit information in the security clearance process is not new, but the use of real-time automated record checks…”
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Ominous Oversight: The Usurpation of an Executive Agency's Right to Candid and Independent Legal Advice During Prohibited Personnel Practices and Retaliation Investigations and Prosecutions
Published in The Air Force Law Review (22-03-2022)“…[4] After providing testimony to Congress about this frustration in March 2017,[5] Congress explicitly provided in the Office of Special Counsel…”
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Incentivizing 'Active Debris Removal' Following the Failure of Mitigation Measures to Solve the Space Debris Problem: Current Challenges and Future Strategies
Published in The Air Force Law Review (22-03-2022)“…[...]Part IV argues for a future strategy to address the challenges raised in Part III. [...]Part IV concludes by addressing the ways in which individual…”
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GROUNDING THE HUMA: THE LEGALITY OF SPACE DENIAL AND AMERICAN INTERFERENCE IN THE IRANIAN SPACE PROGRAM
Published in The Air Force Law Review (22-03-2020)“…Mohammad Javad Azari Jahromi, Iran's Minister of Information and Communications Technology, immediately claimed that the intended payload of the failed launch,…”
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ORTIZ V. UNITED STATES: THE SAVIOR OR DEATH SENTENCE OF THE MILITARY JUSTICE SYSTEM?
Published in The Air Force law review (22-03-2020)“…The granted issue dealt with the following unremarkable question: whether a military judge's participation in the case at the Air Force appeals court while…”
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YOUR MONEY OR YOUR LIBERTY: CLARIFYING MILITARY CONTINGENT CONFINEMENT
Published in The Air Force Law Review (22-03-2020)“…Barring certain limitations, monetary penalty or incarceration awaits service members who have fines and contingent confinement - i.e., sentence conditions…”
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OPTIMIZING MILITARY INSTALLATION JURISDICTION
Published in The Air Force law review (22-03-2020)“…Cases Allowing Firearm Background Check Entries. 176 IV Steps to Optimize Military Jurisdiction. 179 A. Local Military Command Approach. 181 B. DoD Enterprise…”
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INCIDENT TO SERVICE: THE FERES DOCTRINE AND THE UNIFORM CODE OF MILITARY JUSTICE
Published in The Air Force law review (22-03-2020)“…The Feres doctrine is an interpretation of the Federal Tort Claims Act that bars military service members from bringing claims against the federal government…”
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OVER YOUR DEAD BODY: AN ANALYSIS ON REQUESTS FOR RELIGIOUS ACCOMMODATIONS FOR IMMUNIZATIONS AND VACCINATIONS IN THE UNITED STATES AIR FORCE
Published in The Air Force law review (01-01-2020)“…[...]the commander is concerned. [1] II From Smith to Service Regulations: an Evaluation of the Rules of the Road for Vaccination Accommodation Requests A…”
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STATE RESPONSIBILITY FOR NON-STATE ACTORS IN TIMES OF WAR: ARTICLE VI OF THE OUTER SPACE TREATY AND THE LAW OF NEUTRALITY
Published in The Air Force Law Review (22-03-2019)“…147 I. INTRODUCTION Article VI of the Outer Space Treaty provides that States are responsible for all actions of their non-State actors.1 This article argues…”
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POWER AND PROPORTIONALITY: THE ROLE OF EMPATHY AND ETHICS ON VALUING EXCESSIVE HARM
Published in The Air Force Law Review (22-03-2019)“…Military necessity, humanity, proportionality, distinction, and honor.3 In this context, proportionality is often described, almost poetically, as the…”
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14
ARTIFICIAL INTELLIGENCE AND THE FIFTH DOMAIN
Published in The Air Force Law Review (22-03-2019)“…In writing about a rapidly developing technology, the discussion is inherently limited to what exists at the time of writing and the foreseeable future…”
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COURT-MARTIAL NULLIFICATION: WHY MILITARY JUSTICE NEEDS A "CONSCIENCE OF THE COMMANDER"
Published in The Air Force Law Review (22-03-2019)“…Members of Congress, the media, and special interest groups have roundly criticized military justice for being too softon crime-specifically sexual assault…”
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EMPLOYMENT DISCRIMINATION AGAINST MILITARY SPOUSES: A CASE FOR ILLEGALITY CONTRARY TO POPULAR BELIEF AND PRACTICE
Published in The Air Force Law Review (22-12-2018)“…Title VII of the Civil Rights Act of 1964... In the United States, we have outlawed treating people differently in employment based on innate characteristics…”
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APPLYING THE U.S. AND ICRC STANDARDS FOR DIRECT PARTICIPATION IN HOSTILITIES TO CIVILIAN SUPPORT OF U.S. MILITARY OPERATIONS
Published in The Air Force Law Review (22-12-2018)“…[...]both the DoD and the ICRC need to update and revise, as necessary, their definitions and guidance in order to account for the unique challenges that exist…”
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PROTECTING FEDERAL RESERVED WATER RIGHTS ON MILITARY INSTALLATIONS
Published in The Air Force Law Review (22-12-2018)“…JUDICIAL RECOGNITION OF THE FEDERAL RESERVED WATER RIGHTS DOCTRINE In 1908, the Supreme Court first recognized the federal reserved water rights doctrine.8 In…”
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FAKE NEWS AND KILL-SWITCHES: THE U.S. GOVERNMENT'S FIGHT TO RESPOND TO AND PREVENT FAKE NEWS
Published in The Air Force Law Review (22-12-2018)“…[...]there is no way to categorize such disinformation operations as an "armed attack" justifying self-defense. The first justification for prior restraint we…”
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UNDOING THE UNSWORN: THE UNSWORN STATEMENT'S HISTORY AND A WAY FORWARD
Published in The Air Force Law Review (22-12-2018)“…[...]the article addresses potential alterations to the military unsworn statement that would result in a more just military sentencing procedure. THE RIGHT OF…”
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