An Unlawful Order

An Unlawful Order PDF

Author: Carver Greene

Publisher: Lulu.com

Published: 2011-07-01

Total Pages: 229

ISBN-13: 1257119893

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Captain Chase Anderson is a distinguished war veteran, widow, and single mother in charge of Public Affairs at the base in Hawaii. After a Marine-81 helicopter-the very model her husband, Stone, was flying when he crashed in Afghanistan-goes down five miles off the coast of Oahu, Chase begins to suspect a conspiracy to minimize, even hide, the defects within the Marine-81. Despite threats to her career, Chase follows her hunch, and the search for the truth, a search that implicates everyone from Hawaii to the Pentagon, eventually leads her back to the disturbing truth about Stone and their marriage.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful? PDF

Author: Philip Hamburger

Publisher: University of Chicago Press

Published: 2014-05-27

Total Pages: 646

ISBN-13: 022611645X

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“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Obeying Orders

Obeying Orders PDF

Author: Mark J. Osiel

Publisher: Routledge

Published: 2017-07-05

Total Pages: 506

ISBN-13: 1351502565

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A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti

When the Tempest Gathers

When the Tempest Gathers PDF

Author: Andrew Milburn

Publisher: Pen and Sword Military

Published: 2020-02-08

Total Pages: 336

ISBN-13: 1526750589

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These are the combat experiences of the first Marine to command a special operations task force, recounted against a backdrop of his journey from raw Second Lieutenant to seasoned Colonel and Task Force Commander; from leading Marines through the streets of Mogadishu, Baghdad, Fallujah and Mosul to directing multi-national special operations forces in a dauntingly complex fight against a formidable foe. The journey culminates in the story’s centerpiece: the fight against ISIS, in which the author is able to use the lessons of his harsh apprenticeship to lead the SOF task force under his command to hasten the Caliphate’s eventual demise. Milburn has an unusual background for a US Marine, and this is no ordinary war memoir. Very few personal accounts of war cover such a wide breadth of experience, or with so discerning a perspective. As Bing West comments: “His exceptional skill is telling each story of battle and then knitting them into a coherent whole. By the end of the book, the reader understands what happened on the ground in the wars against terrorists over the past twenty years.” Milburn tells his extraordinary story with self-effacing candor, describing openly his personal struggles with the isolation of command, post-combat trauma and family tragedy. And with the skill and insight of a natural story teller, he makes the reader experience what it’s like to lead those who fight America’s wars.

Computer Crime Law

Computer Crime Law PDF

Author: Orin S. Kerr

Publisher: West Academic Publishing

Published: 2012-12-05

Total Pages: 830

ISBN-13: 9780314281364

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The third edition of Kerr's popular computer crimes text includes many updates since the second edition in 2009. New cases address topics such as the computer hacking laws, economic espionage online, Internet threats, criminal copyright prosecutions, searching cell phones incident to arrest, applying the Fourth Amendment to the Internet, and the validity of computer warrants. Two chapters have been restructured to make it easier for students to understand the Computer Fraud and Abuse Act and the emerging rules for computer searches. The book covers every aspect of crime in the digital age, and it is presented in an engaging and accessible style. Topics range from computer fraud laws and international computer crimes to Internet surveillance laws and the Fourth Amendment. It is part traditional casebook, part treatise. It both straightforwardly explains the law and presents many exciting and new questions of law that courts are only now beginning to consider. The book is ideally suited either for a 3-credit course or a 2-credit seminar. It will appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed. Computer crime law has become an increasingly important area of criminal practice, and this book provides the ideal introduction to the field. Many U.S. Attorney's Offices have dedicated computer crime units, as have many state Attorney General offices. Any student with a background in this emerging area of law will have a leg up on the competition. Students will also find the book easy and fun to read, while professors will appreciate the accessible introduction to an important new field with many open questions for legal scholars. The materials are authored by Orin Kerr, the Fred C. Stevenson Research Professor at George Washington University Law School and a leading authority on the law of computer crime.

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders

International Human Right to Conscientious Objection to Military Service and Individual Duties to Disobey Manifestly Illegal Orders PDF

Author: Hitomi Takemura

Publisher: Springer Science & Business Media

Published: 2008-12-14

Total Pages: 259

ISBN-13: 3540705279

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International human rights law grants individuals both rights and responsibilities. In this respect international criminal and international humanitarian law are no different. As members of the public international law family they are charged with the regulation, maintenance and protection of human dignity. The right and duty to disobey manifestly illegal orders traverses these three schools of public international law. This book is the first systematic study of the right to conscientious objection under international human rights law. Understanding that rights and duties are not mutually exclusive but complementary, this study analyses the right to conscientious objection and the duties of individuals under international law from various perspectives of public international law.

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