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Full-Text Articles in Law

From The Editor In Chief, Antulio J. Echevarria Ii May 2024

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 Combat Path: Sustaining Mental Readiness In Ukrainian Soldiers, Oleh Hukovskyy, James C. West, Joshua C. Morganstein, Eugene F. Augusterfer, David M. Benedek, Oleg Boyko, Robert J. Ursano, Amy B. Adler May 2024

The Combat Path: Sustaining Mental Readiness In Ukrainian Soldiers, Oleh Hukovskyy, James C. West, Joshua C. Morganstein, Eugene F. Augusterfer, David M. Benedek, Oleg Boyko, Robert J. Ursano, Amy B. Adler

The US Army War College Quarterly: Parameters

In Ukraine, soldiers’ psychological resilience is of paramount concern. Therefore, the Armed Forces of Ukraine have developed a new intervention, Combat Path Debriefing, designed to address combat stress and promote unit readiness for soldiers returning to combat. This article outlines the components of Combat Path Debriefing and discusses how it is rooted in principles of combat and operational stress control and the unique characteristics of Ukrainian military life. This perspective offers US and allied leaders real-world experience that can inform future efforts to support soldiers’ mental health and combat performance.


The Dynamics Of Us Retrenchment In The Middle East, Paul K. Macdonald, Joseph M. Parent May 2024

The Dynamics Of Us Retrenchment In The Middle East, Paul K. Macdonald, Joseph M. Parent

The US Army War College Quarterly: Parameters

This article argues that conditions favor American retrenchment from the Middle East because the United States can shift burdens to capable states in the region, there are few areas where US commitments are interdependent, and the local conquest calculus favors defense. Forward military deployments do not positively influence potential threats in the Middle East, and maintaining deployments there will detract from meeting challenges from China. Through comparisons to prior cases of great-power ordinal decline, this article puts America’s modest decline in historical perspective and finds that retrenchment policies will likely have positive consequences.


Exploring The Nexus Of Military And Society At A 50-Year Milestone, Patricia M. Shields May 2024

Exploring The Nexus Of Military And Society At A 50-Year Milestone, Patricia M. Shields

The US Army War College Quarterly: Parameters

There is an ongoing dependence and tension between the military and the society it protects. This article examines the relatively new “military and society” field using the 50-year anniversary of the journal Armed Forces & Society as a focal point. This dynamic field is influenced by world events, cultural trends, and politics. Civil-military relations is at the heart of the discourse. An international and interdisciplinary journal, Armed Forces & Society reflects the changing nature of the field over the last 50 years. I have edited the journal since 2001 and bring this experience to the discussion.


Contributor Guidelines, Usawc Press May 2024

Contributor Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Raven Sentry: Employing Ai For Indications And Warnings In Afghanistan, Thomas W. Spahr May 2024

Raven Sentry: Employing Ai For Indications And Warnings In Afghanistan, Thomas W. Spahr

The US Army War College Quarterly: Parameters

This article examines Raven Sentry, a project that employed artificial intelligence to provide advance warning of insurgent attacks in Afghanistan. During 2019 and 2020, the Resolute Support Deputy Chief of Staff for Intelligence (J2) benefited from a command culture open to innovation, the urgency created by the US drawdown, and a uniquely talented group of personnel that, aided by commercial sector experts, built an AI system that helped predict attacks. The war’s end cut Raven Sentry short, but the experience provides important lessons on AI and the conditions necessary for successful innovation.


The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur May 2024

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal

No abstract provided.


Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta May 2024

Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta

Villanova Environmental Law Journal

No abstract provided.


Law School News: Elisabeth D'Amelio Chosen As Class Of 2024 Graduate Student Commencement Speaker 5-14-24, Jordan J. Phelan May 2024

Law School News: Elisabeth D'Amelio Chosen As Class Of 2024 Graduate Student Commencement Speaker 5-14-24, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.


Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie May 2024

Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie

Military Cyber Affairs

Understanding of the intersection of cyber vulnerabilities and bioprocess regulation is critical with the rise of artificial intelligence and machine learning in manufacturing. We detail a case study in which we model cyberattacks on network-mediated signals from a novel bioreactor, where it is important to control medium feed rates to maintain cell proliferation. We use a digital twin counterpart reactor to compare glucose and oxygen sensor signals from the bioreactor to predictions from a kinetic growth model, allowing discernment of faulty sensors from hacked signals. Our results demonstrate a successful biomanufacturing cyberattack detection system based on fundamental process control principles.


Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu May 2024

Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu

Military Cyber Affairs

Effective cyber defense must build upon a deep understanding of real-world cyberattacks to guide the design and deployment of appropriate defensive measures against current and future attacks. In this abridged paper (of which the full paper is available online), we present important concepts for understanding Advanced Persistent Threats (APTs), our methodology to characterize APTs through the lens of attack flows, and a detailed case study of APT28 that demonstrates our method’s viability to draw useful insights. This paper makes three technical contributions. First, we propose a novel method of constructing attack flows to describe APTs. This abstraction allows technical audiences, …


Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar May 2024

Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar

Military Cyber Affairs

Outer space is a strategic and multifaceted domain that is a crossroads for political, military, and economic interests. From a defense perspective, the U.S. military and intelligence community rely heavily on satellite networks to meet national security objectives and execute military operations and intelligence gathering. This paper examines the evolving threat landscape of the space sector, encompassing natural and man-made perils, emphasizing the rise of cyber threats and the complexity introduced by dual-use technology and commercialization. It also explores the implications for security and resilience, advocating for collaborative efforts among international organizations, governments, and industry to safeguard the space sector.


Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora May 2024

Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora

Military Cyber Affairs

In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.


Authoritarian Privacy, Mark Jia May 2024

Authoritarian Privacy, Mark Jia

Georgetown Law Faculty Publications and Other Works

Privacy laws are traditionally associated with democracy. Yet autocracies increasingly have them. Why do governments that repress their citizens also protect their privacy? This Article answers this question through a study of China. China is a leading autocracy and the architect of a massive surveillance state. But China is also a major player in data protection, having enacted and enforced a number of laws on information privacy. To explain how this came to be, the Article first turns to several top-down objectives often said to motivate China’s privacy laws: advancing its digital economy, expanding its global influence, and protecting its …


Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis May 2024

Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis

Brooklyn Journal of International Law

NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …


Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson May 2024

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …


Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr. Apr 2024

Foiled Foia: The Excessive Exemption, Edward L. Wilkinson Jr.

St. Mary's Law Journal

The Freedom of Information Act permits requestors access to government information unless an exemption applies. Exemption (b)(3)(B) permits the government to protect information if there is a specific reference to a FOIA exemption in the withholding statute. Congress created this new requirement in 2009 in order to remove decision making power from administrative agencies and courts and reserve the power to disclose or withhold information with the legislative branch. This exemption poses problems to courts when there is a clear intent to protect information in the withholding statute without a clear reference to Exemption (b)(3)(B). As a result, courts have …


Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson Apr 2024

Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This essay assesses the roles of the federal government and its relationship with Tribal Regions and states alike. Additionally, how COVID-19 affected states and localities and how different Presidential Administrations handled and responded to the pandemic while being compared with the state of South Dakota. Assessing whether or not the federal government overstepped reveals the preparedness of states. Certain states handled COVID-19-related issues better than others, and this essay addresses how Tribal Regions in states provided Governors with extreme complexities. Finally, this essay delves into the rights and responsibilities of the federal government and the state pertaining to American Indian …


Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto Apr 2024

Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto

University of Miami Law Review

When regulating the bad, albeit illegal, choices made by minors, the law is conflicted. On the one hand, we have a clear national policy to ensure the safety of and to promote the positive development of our young people, yet we simultaneously criminalize minors who make bad choices. This conundrum raises a quintessential jurisprudential flaw in our legal system: We lack a unifying, overarching principle that guides the law’s relationship with minors. In a companion piece, I pose and explore such a unifying principle, which I coin as the “best interest of the minor” standard (“BIMS”). Consequently, this Article applies …


Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations Apr 2024

Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft Apr 2024

Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement Apr 2024

Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment Apr 2024

Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 1: Legal Divisions Of The Oceans And Airspace Apr 2024

Chapter 1: Legal Divisions Of The Oceans And Airspace

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons Apr 2024

Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 11: Treatment Of Detained Persons Apr 2024

Chapter 11: Treatment Of Detained Persons

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 12: Deception During Armed Conflict Apr 2024

Chapter 12: Deception During Armed Conflict

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 8: The Law Of Targeting Apr 2024

Chapter 8: The Law Of Targeting

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 9: Conventional Weapons And Weapons Systems Apr 2024

Chapter 9: Conventional Weapons And Weapons Systems

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 7: The Law Of Neutrality Apr 2024

Chapter 7: The Law Of Neutrality

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …