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Books > Law > Other areas of law > Military law & courts martial
This book provides a comprehensive, systematic overview of issues related to internet liability. It takes into account the new legal framework created by the German Telemedia Act and the most recent rulings of the German Federal Supreme Court. The German Telemedia Act's new liability provisions cover accountability for material property rights, data protection, personality rights, and liability for incorrect information.
To enable users to understand the operation of the Engineering and Construction Contract, this book contains flow charts which set out the procedural logic of the 75 clauses that can be presented with benefit by flow charting. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.
Drunken disorderliness. Cowardice in battle. Writing bad cheques. Vulgarity. Sexual indecency. Adultery. Following courts martial for such disgraceful behaviour, hundreds of Canadian officers lost their commissions during the First and Second World Wars. Scandalous Conduct investigates the changing definitions that shaped the quintessential honour crime known as "conduct unbecoming an officer and a gentleman." The dishonour represented a direct challenge to the discredited officer's prestige, livelihood, and sense of manhood. Drawing on fascinating court cases never before studied, Scandalous Conduct concludes that military honour was not a stable concept; instead it depended on social circumstances and disciplinary requirements.
This collection of essays considers the evolution of American institutions and processes for forming and implementing US national security policy, and offers diverse policy prescriptions for reform to confront an evolving and uncertain security environment. Twelve renowned scholars and practitioners of US national security policy take up the question of whether the national security institutions we have are the ones we need to confront an uncertain future. Topics include a characterization of future threats to national security, organizational structure and leadership of national security bureaucracies, the role of the US Congress in national security policy making and oversight, and the importance of strategic planning within the national security enterprise. The book concludes with concrete recommendations for policy makers, most of which can be accomplished under the existing and enduring National Security Act. This book will be of much interest to students of US national security, US foreign policy, Cold War studies, public policy and Internationl Relations in general.
This monograph is principally the work of the late Martin Norr. He completed a draft of the entire monograph but had not yet revised it when he died in late 1972. At that time, the integration of corporate and shareholder taxation was just beginning to become of widespread interest in the United States. With the increasing interest thereafter, the International Tax Program began to revise his manuscript, making as few changes as possible in the original draft. We had the benefit of criticism and analysis from Professor Richard M. Bird of the University of Toronto, now Director of the Institute of Policy Analysis there. In addition, Mr. Mitsuo Sato of the Ministry of Finance in Japan gave freely of his time in carefully suggesting changes throughout the manuscript. The present version of Chapter 3 owes a great deal to his additions and suggestions. Thanks are also due to Professor Hugh J. Ault of Boston College Law School for the Appendix, containing his description of the German integration system that became effective in 1977, which was first published in Law & Policy in International Business. Mr. Norr's interest in the subject of corporate and shareholder taxation developed while he was writing the International Tax Program's World Tax Series volume Taxation in France, published in 1966. The integration of French taxes on corporations and shareholders took place just after that volume was finished, but had been under discussion in France for some time before then.
This volume presents articles on economic issues in the Holy Roman Empire. The specific themes examined here are monetary and regulatory policy, fundraising through lottery games, trade and trade prohibitions, guilds, allodification of military tenure, limitation of liability for women in the case of bankruptcy and corruption at the Imperial Chamber.
The essays in this volume illustrate the difficult real world ethical questions and issues arising from accelerating technological change in the military and security domains, and place those challenges in the context of rapidly shifting geopolitical and strategic frameworks. Specific technologies such as autonomous robotic systems, unmanned aerial vehicles, cybersecurity and cyberconflict, and biotechnology are highlighted, but the essays are chosen so that the broader implications of fundamental systemic change are identified and addressed. Additionally, an important consideration with many of these technologies is that even if they are initially designed and intended for military or security applications, they inevitably spread to civil society, where their application may raise very different ethical questions around such core values as privacy, security from criminal behaviour, and state police power. Accordingly, this volume is of interest to students of military or security domains, as well as to those interested in technology and society, and the philosophy of technology.
In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US-possessor of the world's most powerful cyber arsenal-responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace-albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.
This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities. Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously. Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.
A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.
This case- and workbook systematically presents all significant case types concerning the law of fair trading by means of recent decisions by Germany's highest courts. It contains examination strategies, solution outlines and descriptive illustrations. This work lends itself ideally not only to exam preparation for the specialized-subject exam but also to the systematic study of the law of fair trading.
This book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.
The Department of Defense (DOD) and the Department of Veterans Affairs (VA) play key roles in offering post-combat support to servicemembers and veterans through various programs and activities. This book identifies the number of programs, including the types of services offered that address the effects of combat on post-9/11 active-duty servicemembers and their families; help post-9/11 servicemembers and veterans transition to civilian life; and help raise public awareness and understanding of servicemembers' and veterans' combat and transition experiences.
This book provides insights into the political, social and health issues for Veterans in today's society. Chapter One explores the emotions of shame and guilt in Veterans based on research examining moral injury, survivor guilt, military sexual trauma, and stigma. Chapter Two provides an overview of agricultural initiatives in the transition and reintegration of Veterans. Chapter Three explores the political, social, and health management changes that have occurred in the field of chronic, non-cancer pain in order to provide world class service for our nation's Veterans. Chapter Four reviews the Emotional Freedom Technique to treat Veterans with Post Traumatic Stress Disorder (PTSD). Chapter Five offers suggestions based on clinical experiences for when and how to include family members in Prolonged Exposure (PE) therapy for PTSD, while maintaining fidelity to the treatment protocol. Chapter Six explores research that has been conducted upon the oral health of veterans since 2000. Chapter Seven examines potentially mutually exclusive objectives utilising the principles of beneficence and nonmaleficence in relationship to bioethics and the concept of need. Chapter Eight discusses the continued existence of ethnic disparities in health care for U.S. Veterans Affairs Emergency Departments.
VA's adaptive sports grant program distributes $8 million annually to organisations that provide sports activities for veterans and service members with disabilities. The U.S. Olympic Committee (USOC) played an intermediary role from fiscal year 2010, when the program was implemented, through 2013. USOC received funds from VA and subgranted them to selected grantees. VA is now responsible for selecting grantees and program administration. This book reviews how VA selected grantees to provide activities for veterans and service members with disabilities; how VA monitors grantees' use of funds; and what programs and activities were supported with fiscal year 2014 funds, and what is known about its benefits.
It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or "drones," into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not include privacy provisions in its proposed rule on small UAS. This issue, however, has not left the national radar. Congress has held hearings and introduced legislation concerning the potential privacy implications of domestic drone use; President Obama recently issued a directive to all federal agencies to assess the privacy impact of their drone operations; and almost half the states have enacted some form of drone legislation. This book provides a primer on privacy issues related to various UAS operations, both public and private, including an overview of current UAS uses, the privacy interests implicated by these operations, and various potential approaches to UAS privacy regulation.
This book compares and contrasts the administration of the Post-9/11 Veterans Educational Assistance Act of 2008 enacted as Title V of the Supplemental Appropriations Act, 2008 and Federal Pell Grants, as authorized by Title IV-A-1 of the Higher Education Act (HEA). The Post-9/11 GI Bill provides educational assistance payments to eligible servicemembers and veterans, and their dependents. One of its primary objectives is readjustment of veterans to civilian life and the workforce. The federal Pell Grant program provides grant aid payments to eligible and financially needy undergraduate students, regardless of military service record. One of its primary objectives is to increase postsecondary education access of low-income individuals. This book investigates whether the administrative processes supporting Pell Grants can provide lessons for achieving more timely, efficient, and student-friendly administration of the Post-9/11 GI Bill, thus ensuring that it achieves its policy objectives with respect to educational achievement of the target population. Furthermore, the book examines the extent of overpayments made in the Post-9/11 GI Bill; how effectively VA has addressed their causes; and the effectiveness of VAs collection efforts.
The laws and regulations regarding the preferences in hiring that can or must be given to veterans and certain family members are extremely complex. The preferences vary by the specific circumstances of the veterans and the hiring authorities being used. Some veterans can be non-competitively appointed, while other veterans may not be eligible for that same hiring authority, and the availability of an authority may depend on the grade of the position being filled. The right of a veteran to have his or her application considered for a position may depend on whether an agency is considering applicants who are internal to Government but outside the agency's own workforce. The degree of preference owed can vary by agency or position being filled. Under certain circumstances, the mother of a veteran may be eligible for preference, whereas the father would not be eligible. There are many other examples of how veterans may be treated differently under the law, but to put the message more simply: the laws relating to veterans' preference invite misunderstandings, confusion, perceptions of wrongdoing, and possibly actual wrongdoing -- whether intentional or inadvertent. This book discusses hiring authorities pertaining to veterans, the hiring of veterans under those authorities, and employee perceptions about veteran hiring. It also describes the statutes and pertinent case decisions for two laws designed to protect the employment rights of veterans in the civil service.
The Department of Defense (DOD) has long relied on contractors to provide the U.S. military with a wide range of goods and services, including weapons, food, uniforms, and operational support. Without contractor support, the United States would be currently unable to arm and field an effective fighting force. Understanding costs and trends associated with contractor support could provide Congress more information upon which to make budget decisions and weigh the relative costs and benefits of different military operations -- including contingency operations and maintaining bases around the world. Obligations occur when agencies enter into contracts, employ personnel, or otherwise commit to spending money. The federal government tracks money obligated on federal contracts through a database called the Federal Procurement Data System-Next Generation (FPDS). There is no public database that tracks DOD contract outlays (money spent) as comprehensively as obligations. This book examines how much money DOD obligates on contracts; what DOD is buying; and where that money is being spent. This book also examines the extent to which these data are sufficiently reliable to use as a factor when developing policy or analyzing government operations. In addition, this book provides background information and identifies issues for Congress on the use of contractors to support military operations. DOD's extensive use of contractors poses several potential policy and oversight issues for Congress and has been the focus of numerous hearings. Congress' decisions on these issues could substantially affect the extent to which DOD relies on contractors in and is capable of planning for and overseeing contractors in future operations. |
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