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  1. Jimm99 - I just saw this thread now. I had a...

    Jimm99 - I just saw this thread now. I had a blast writing that paper for my Law of War class last spring, and I'm glad that you had a chance to take a look at the final product.

    Also, O'Razor is...
  2. I think in many ways you're correct. You can...

    I think in many ways you're correct. You can probably make this fit into that construct - the "which rule of law do we use" debate.

    If anything, I think it's an interesting butterfly effect. You...
  3. Domestic Due Process Leading to Overseas Drone Strikes?

    Yes - I suppose that's a rather broad hypothesis, but I hope that I explain my stance a bit clearer here.

    Also, if you haven't checked out Current Intelligence, it has some interesting analysis...
  4. Mike - I just finished a paper for my Law of...

    Mike -

    I just finished a paper for my Law of War class that essentially looks at the different interpretations of AP I from Just War Theory perspective.

    It might make good material to start a...
  5. Mike - as usual, a great analysis. A couple of...

    Mike - as usual, a great analysis. A couple of things to add on:

    1. Just for clarification, Boumediene v. Bush has changed the game. It held, in short, that the writ of habeas corpus extends to...
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    Speaking of reliance or predictability, we...

    Speaking of reliance or predictability, we shouldn't forget the policy goals that cause even the most activist judge to become a textualist, or vice versa, when the opposite philosophy serves the...
  7. This issue rears its head in other manners as...

    This issue rears its head in other manners as well. Clearly, sometimes it's not as easy as simply just "choosing" what rule of law to operate under. Enemy combatants at Gitmo is the perfect...
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    Interesting. The article is largely consistent...

    Interesting. The article is largely consistent with our conversation, although there was no mention of a correlation to beyond a reasonable doubt. It almost seemed as though there was a binary...
  9. Great information, and a good analysis of the...

    Great information, and a good analysis of the article.

    A couple of notes:

    1. I'm only about 5 pages through the 44 of the the "kill-lawyers.pdf", but so far I highly recommend it. It talks...
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    I'm certainly not a SME in any of this, being a...

    I'm certainly not a SME in any of this, being a mere law student, but he was asked a direct question about the standard of proof used in Saddam's trial, and he simply replied that there was none -...
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    Great resource, and a great step in transparency....

    Great resource, and a great step in transparency.

    What's still amazing to me is that there is no "standard" of proof in Iraqi law. For example, in criminal courts in the US, a prosecutor has to...
  12. IISS wrote a considerably interesting article...

    IISS wrote a considerably interesting article concerning targeted killing in Pakistan. They focused on how the Obama administration is maintaining the practice (there were 36 unmanned aerial vehicle...
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