Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.

Necessity in International Law

OHLIN, JENS DAVID

May, Larry

Foreign & International Law

Oxford University Press

In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Defending Humanity: When Force is Justified and Why

FLETCHER, George P.

Targeted Killings: Law and Morality in an Asymmetrical World (Ethics, National Security, and the Rule of Law)

The war on terror is remaking conventional warfare. The protracted battle against a non-state organization, the demise of the confinement of hostilities to an identifiable battlefield, the extensive involvement of civilian combatants, and the development of new and more precise military technologies have all conspired to require a rethinking of the law and morality of war. Just war theory, as traditionally articulated, seems ill-suited to justify many of the practices of the war on terror. The raid against Osama Bin Laden's Pakistani compound was the highest profile example of this strategy, but the issues raised by this technique cast a far broader net: every week the U.S. military and CIA launch remotely piloted drones to track suspected terrorists in hopes of launching a missile strike against them. In addition to the public condemnation that these attacks have generated in some countries, the legal and moral basis for the use of this technique is problematic. Is the U.S. government correct that nations attacked by terrorists have the right to respond in self-defense by targeting specific terrorists for summary killing? Is there a limit to who can legitimately be placed on the list? There is also widespread disagreement about whether suspected terrorists should be considered combatants subject to the risk of lawful killing under the laws of war or civilians protected by international humanitarian law. Complicating the moral and legal calculus is the fact that innocent bystanders are often killed or injured in these attacks. This book addresses these issues. Featuring chapters by an unrivalled set of experts, it discusses all aspects of targeted killing, making it unmissable reading for anyone interested in the implications of this practice.

Altman, Andrew

Finkelstein, Claire

International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism, as the US drifted away from international institutions and conventions. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings, they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. These abstract arguments provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. These polemical accounts have ultimately triggered America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens David Ohlin exposes the mistaken assumptions of these "New Realists," in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on an innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans and commitments even when faced with opportunities for defection, as long as the original plan was beneficial for the agent. Seen in the light of this planning theory of rational agency, international law is the product of nation-states cooperating to escape a brutish State of Nature-a result that is not only legally binding but also in each state's self-interest.

The Assault on International Law

Election Interference: International Law and the Future of Democracy

Product Description Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation. Review 'Jens David Ohlin has written a terrific, highly policy-relevant book about the extraordinary harm of election interference. Against the background of Russia's interference in the 2016 U.S. elections, Ohlin skillfully unpacks the logic of foreign electioneering, explicating in fascinating detail how, and when, foreign electioneering matters, and why it is deserving of international legal reprobation. An essential primer on a pernicious form of lawfare, Election Interference is a pioneering book.' Jens Meierhenrich, Visiting Associate Professor of Law, Harvard Law School, and the author of Lawfare: A Genealogy'This extraordinary book confronts the greatest menace to democracy in our digitally networked age: the rise of international election interference. With unparalleled lucidity, Jens Ohlin explains how foreign meddling in elections violates international law, and he prescribes sensible reforms to safeguard democratic institutions without compromising cherished civil liberties. This bravura performance will dazzle international legal theorists and should be required reading for policymakers in the United States and around the world.' Evan J. Criddle, Ernest W. Goodrich Professor of Law, William & Mary Law School'We are only beginning as international lawyers to assess the toxicity of election interference. With a knack for intrigue and a keen sense of the limitlessness of cyberspace, Jens Ohlin deftly takes readers through some of the normative dilemmas. In the process, he wrong-foots the discipline's instinct to invoke sovereignty by suggesting the much more challenging possibility that what is at stake is really a violation of the right to self-determination. He thus manages the double feat of both informing our thinking about one of the central challenges of the day and breathing new normative life into a dusty old pillar of international law. A true invitation to use international legal crises to reinvent what it means to do international law!' Frédéric Mégret, Professor of Law and William Dawson Scholar, McGill University Book Description Russian interference in the 2016 US presidential election was illegal because it violated the American people's right of self-determination. About the Author Jens David Ohlin is Vice Dean and Professor of Law, Cornell Law School. His work stands at the intersection of three related fields: criminal law and procedure, international law, and the laws of war. Trained as both a lawyer and a philosopher, Professor Ohlin has tackled diverse research questions that include the philosophical foundations of international law, collective criminal action, and the role of new technologies in war. He is the author of leading textbooks in international law and criminal law.

Cambridge University Press

Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more "information operations," a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes – portability, meaningful feedback, and greater efficiency. Designed to respond to the changing nature of criminal law, Criminal Law: Doctrine, Application, and Practice offers a fresh approach that features a blend of criminal law theory, clear presentation of the doctrine, classic and modern cases, and an exploration of the practice and policy considerations of the doctrine. Materials are presented in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. Key Features: <ul>
<li>Shorter-than-average casebook length (approx. 700 pages) helps make it more manageable for professors with reduced course hours</li> <li>27 brief chapters, each focusing on a single doctrine, allows professors to easily cover the topics they choose.</li> <li>New, modern tightly-edited cases engage students</li> <li>Clear explanation of the doctrine before application provides thorough introduction to material</li> </ul>
CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Criminal Law: Doctrine, Application and Practice (Aspen Casebook)

Legal Education

Wolters Kluwer/Law & Business

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency. Adjudicative Criminal Procedure: Doctrine, Application, and Practice by Jens David Ohlin is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches by today’s leading criminal procedure professors. Professors and students will benefit from: <ul>
<li> A mixture of classic and new Supreme Court cases on criminal procedure </li> <li> Call-out boxes that outline statutory requirements </li> <li> Call-out boxes that focus on more demanding state law rules </li> <li> Problem cases that require students to apply the law to new facts </li> <li> A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them </li> <li> Notes and questions, inviting closer examination of doctrine and generate class discussion </li> <li> Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) </li> <li> Logical organization and manageable length </li> <li> Open, two-color design with appealing visual elements (including carefully-selected photographs) </li> </ul> CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Adjudicative Criminal Procedure: Doctrine, Application, and Practice (Aspen Casebook Series)

Aspen Publishing

Criminal Procedure: Doctrine, Application, and Practice (Aspen Casebook)

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency. Criminal Procedure: Doctrine, Application, and Practice by Jens David Ohlin is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches by today’s leading criminal procedure professors. Professors and students will benefit from: <ul>
<li> A mixture of classic and new Supreme Court cases on criminal procedure </li> <li> Call-out boxes that outline statutory requirements </li> <li> Call-out boxes that focus on more demanding state law rules </li> <li> Problem cases that require students to apply the law to new facts </li> <li> A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them </li> <li> Notes and questions, inviting closer examination of doctrine and generate class discussion </li> <li> Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) </li> <li> Logical organization and manageable length </li> <li> Open, two-color design with appealing visual elements (including carefully-selected photographs) </li> </ul>
CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Aspen Opco Llc

Criminal Law: Doctrine, Application, and Practice (Aspen Casebook)

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes—portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. Jens Ohlin’s Criminal Law is designed to respond to the changing nature of law teaching by offering a shorter, flexible, and more doctrinal approach, with an emphasis on application. Materials are presented, in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. Key Features: <ul>
<li>New chapter titled “Other Offenses Against the Person,” which includes coverage of physical battery, assault, and kidnapping (Chapter 15).</li> <li>Integrated notes throughout the casebook directing students to view a series of 20 short video clips that bring the doctrinal controversies to life in a fictional courtroom.</li> <li>More cases added to represent the plurality of approaches in different jurisdictions.</li> <li>The addition of several “classic” criminal law cases familiar to law school professors.</li> <li>More examples in the “Doctrine” section of each chapter.</li> <li>“Practice and Policy” section in each chapter urges students to consider how the various actors in the process (prosecutors, defense counsel, judges and juries) make particular decisions and the strategic calculations that informed them, and make this casebook more practice-ready than others</li> <li>Innovative pedagogy emphasizes application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles)</li> </ul>
CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples &amp; Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

See the best price to sell, buy, or rent books by OHLIN, JENS DAVID. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by OHLIN, JENS DAVID

See the best price to sell, buy, or rent books by OHLIN, JENS DAVID. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Necessity in International Law

Defending Humanity: When Force is Justified and Why

Targeted Killings: Law and Morality in an Asymmetrical World (Ethics, National Security, and the Rule of Law)

The Assault on International Law

Election Interference: International Law and the Future of Democracy

Election Interference: International Law and the Future of Democracy

Criminal Law: Doctrine, Application and Practice (Aspen Casebook)

Adjudicative Criminal Procedure: Doctrine, Application, and Practice (Aspen Casebook Series)

Criminal Procedure: Doctrine, Application, and Practice (Aspen Casebook)

Criminal Law: Doctrine, Application, and Practice (Aspen Casebook)