Laws of war Part 8

Laws of war Part 8

 

86

September 11 and the Laws of war
Derek Jinks
Yale Journal of International Law
Volume 28, Number 1, Winter 2003 p.1

LAW JOURNAL / LAW REVIEW

87

Command Responsibility: A Case Study of Alleged Violations of the Laws of War at Khiam Detention Centre
Roberta Arnold
Journal of Conflict and Security Law
Volume 7, Number 2, October 2002 p.191-232

LAW JOURNAL / LAW REVIEW

88

Missouri, the “War on Terrorism,”and Immigrants: Legal Challenges Post 9/11
Sylvia R. Laws Vargas
Missouri Law Review
Volume 67, Number 4, Fall 2002 p.775

LAW JOURNAL / LAW REVIEW

89

DEMOCRACY IN THE WAR AGAINST TERRORISM — THE ISRAELI EXPERIENCE
Emanuel Gross
Loyola of Los Angeles Law Review
Volume 35, Number 4, June 2002 p.1161

LAW JOURNAL / LAW REVIEW

At a time when terrorists are striking in both the United States and Israel, Professor Emanuel Gross examines the nature of terrorism. He discusses methods of interrogation used by different nations on suspected terrorists and argues that, at times, extreme interrogation methods may be morally justified in order to save the masses. Professor Gross questions whether terrorists should be afforded Prisoner of War status under the Geneva Convention and concludes they should not. Ultimately, the Article addresses the conflict that a democratic country faces in defending the peace and security of its people while simultaneously abiding by its laws. Professor Gross explores this conflict especially by looking at how Israel has lived with a constant threat of terrorism.

90

ESSAY: DETENTION, MATERIAL WITNESSES & THE WAR ON TERRORISM
Laurie L. Levenson
Loyola of Los Angeles Law Review
Volume 35, Number 4, June 2002 p.1217

LAW JOURNAL / LAW REVIEW

In this Essay, Professor Laurie Levenson discusses the domino effect of relaxing the standards the criminal justice system uses when determining whom to incarcerate. Professor Levenson highlights the move into an era where preventative detention is the norm, rather than the exception. She analyzes the standards now in place for detaining a person in the name of security, and the dangers posed by shifting power from the courts to the Attorney General . Professor Levenson also critiques the increased use of material witness laws as a guise to hold persons who are suspected of criminal activity. Professor Levenson’s Essay encourages a more forthright process — Either the government should charge those suspected of crimes or release them.

91

The Laws of War, Common Conjectures, and Legal Systems in International Politics
JAMES D. MORROW
Journal of Legal Studies
Volume 31, Number 1, Part 2, January 2002 p.S41

LAW JOURNAL / LAW REVIEW

92

Health Care Providers and the Public Fisc: Paradigms of Government Harm Under the Civil False Claims Act
Joan H. Krause
Georgia Law Review
Volume 36, Number 1, Fall 2001 p.121

LAW JOURNAL / LAW REVIEW

In addition to numerous program-specific penalties for failure to comply with the laws and regulations governing federal health care programs, health care providers also face the possibility of multi-million dollar liability under the Civil False Claims Act (FCA). The recent focus on fraud in federal health care programs has resulted in this basic Civil War-era statute being applied to situations that are increasingly far removed from traditional types of government fraud. This Article argues that the FCA has not been applied to the health care industry consistent with either the law’s own jurisprudence or with current health care regulatory policy. This inconsistency, in turn, has important implications for the future of health care fraud enforcement. If the health care industry comes to believe that the law is being applied unfairly, the industry may question the legitimacy of the government’s anti-fraud efforts-a crucial determinant of the law’s ability to influence conduct through normative (rather than coercive) measures. Doubt as to the legitimacy of the government’s efforts could lead to further noncompliance, requiring the use of increasingly coercive enforcement mechanisms. The result will be a contentious enforcement environment that is unlikely to advance the goal of providing cost-effective, quality health care services to patients. The Author argues that an appreciation of these issues is critical to the anti-fraud endeavor, and requires the development of practical strategies for rebuilding the relationship between government and industry.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Attorney General, Laws of war, country.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *