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Articles 1 - 25 of 25
Full-Text Articles in Law
From The Editor In Chief, Antulio J. Echevarria Ii
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
Welcome to the Summer 2024 issue of Parameters. We open this issue with a special “In Memoriam” by General Charles A. Flynn, Commander US Army Pacific, honoring the life and legacies of our director and consummate colleague, Carol V. Evans. We dedicate this issue to her. General Flynn’s memoriam is followed by an In Focus commentary on China’s Belt and Road Initiative. We then feature three forums covering the Russia-Ukraine War, the Middle East, and Professional Development. This issue also contains special essays on the role of professional writing, the US Army War College’s Civil-Military Relations Center, …
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
Seattle University Law Review
If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Catholic University Journal of Law and Technology
This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.
An Information Operations Theory Of Domestic Counterterrorism Efforts, Tung Yin
An Information Operations Theory Of Domestic Counterterrorism Efforts, Tung Yin
South Carolina Law Review
No abstract provided.
How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez
How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez
Catholic University Journal of Law and Technology
This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …
The German Rocket Jet And The Nuclear Programs Of World War Ii, Max Lutze
The German Rocket Jet And The Nuclear Programs Of World War Ii, Max Lutze
Honors Theses
German military technology in World War II was among the best of the major warring powers and in many cases it was the groundwork for postwar innovations that permanently changed global warfare. Three of the most important projects undertaken, which were not only German initiatives and therefore perhaps among the most valuable programs for both the major Axis and Allied nations, include the rocket, jet, and nuclear programs. In Germany, each of these technologies was given different levels of attention and met with varying degrees of success in their development and application. By the end of the war, both rockets …
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Loyola of Los Angeles Law Review
Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Loyola of Los Angeles Law Review
Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …
Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden
Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden
Georgia Journal of International & Comparative Law
No abstract provided.
Of Drones And Justice: A Just War Theory Analysis Of The United States' Drone Campaigns, Ethan A. Wright
Of Drones And Justice: A Just War Theory Analysis Of The United States' Drone Campaigns, Ethan A. Wright
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson
Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson
St. Mary's Law Journal
Observing live court testimony allows a jury to determine witness credibility. This is called demeanor evidence. Allowing the introduction of transcripts of prior testimony by a witness offends a defendant's right to confrontation guaranteed by the Sixth Amendment of the United States Constitution. Loss of demeanor evidence can heighten sensitivity surrounding the constitutional demands of unavailability and an opportunity for cross-examination. But the loss of this evidence is discounted when dealing with the admissibility of prior testimony as long as a defendant was formerly afforded an opportunity to cross-examine. Demeanor evidence, however, is still treated as a non-essential component of …
State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks
State Labs Of Federalism And Law Enforcement 'Drone' Use, Chris Jenks
Faculty Journal Articles and Book Chapters
This article reviews and assesses current state legislation regulating law enforcement use of unmanned aerial systems (UAS). The legislation runs the gamut of permissive to restrictive and even utilizes different terms for the same object of regulation, UAS. These laws are the confused and at times even contradictory extension of societal views about UAS. The article reviews the U.S. Supreme Court’s manned aircraft trilogy of cases, California v. Ciraolo, Florida v. Riley, and Dow Chemical v. U.S. and two significant technology based decisions, Kyllo v. U.S. and U.S. v. Jones, and applies them to current state efforts to regulate law …
Back To The Future, Michael A. Newton
Back To The Future, Michael A. Newton
Vanderbilt Law School Faculty Publications
This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms should be developed in light of the overarching humanitarian goals, particularly since such weapons are not inherently unlawful or unethical in all circumstances. This essay considers whether a preemptive ban on autonomous weapons systems is likely to be effective and enforceable. It examines the grounds potentially justifying a preemptive ban, concluding that there is little evidence that such a ban would advance humanitarian goals …
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
University of Miami National Security & Armed Conflict Law Review
Technological advances are altering the contemporary asymmetric conflicts between non-‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-‐state armed groups and technology, whether through a potentially devastating attack or by the dramatic …
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
Faculty Scholarship
This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).
Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil
Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil
William Marra
The United States is in the midst of a national debate about the role drone aircraft should play in warfare abroad and law enforcement at home. Armed drones hunt enemies abroad 24 hours a day, seven days a week. Drones have begun to patrol our domestic skies too, on the lookout for suspicious activity. But contemporary drones are merely the “Model T” of robot technology. Today, humans are still very much “in the loop”: humans decide when to launch a drone, where it should fly, and whether it should take action against a suspect. But as drones develop greater autonomy, …
How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.
How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
American Warfare In The Twenty-First Century, Paul R. Camacho
American Warfare In The Twenty-First Century, Paul R. Camacho
New England Journal of Public Policy
Over the last several years there have been a number of calls for the development of a new theoretical doctrine to govern the force structure of the United States military. The last big change in doctrine occurred in the post-Vietnam era. It involved not simply the change to the all-volunteer force, but an abandonment of escalation brinkmanship and open-ended missions. The subsequent Powell Doctrine demanded the use of overwhelming force and clear objectives and boundaries for military intervention. As the new millennium approached, the deficiencies of the Powell Doctrine became apparent — the multilateral approach of coalition building and the …
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard
Tangible Or Intangible - Is That The Question - Conflict In The Texas Tax Classification System Of Computer Software Comment., Christine E. Reinhard
St. Mary's Law Journal
This Comment evaluates tax classification of computer software in Texas under recent statutory provisions and case law. The author focuses on whether computer software constitutes tangible or intangible property and whether computer software should be taxable or not. Determining property classification is not easy—the term “computer software” is difficult to define, and the multitude of different types of computer software further obscures the formation of a uniform definition. The Texas legislature’s ability to tax both tangible and intangible property makes classifying computer software as either type unnecessary. Texas can resolve the conflict in its tax classification system, wherein computer software …
Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch
Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch
International Law Studies
No abstract provided.
Changing Naval Operations And Military Intervention, Michael Mccgwire
Changing Naval Operations And Military Intervention, Michael Mccgwire
International Law Studies
No abstract provided.