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Articles 1 - 30 of 123
Full-Text Articles in Law
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies
Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell
Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell
Georgetown Law Faculty Publications and Other Works
This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis …
The President And Nuclear Weapons: Authorities, Limits, And Process, Mary B. Derosa, Ashley Nicolas
The President And Nuclear Weapons: Authorities, Limits, And Process, Mary B. Derosa, Ashley Nicolas
Georgetown Law Faculty Publications and Other Works
There is no more consequential decision for a president than ordering a nuclear strike. In the Cold War, the threat of sudden nuclear annihilation necessitated procedures emphasizing speed and efficiency and placing sole decision-making authority in the president’s hands. In today’s changed threat environment, the legal authorities and process a U.S. president would confront when making this grave decision merit reexamination. This paper serves as a resource in the national discussion about a president’s legal authority and the procedures for ordering a nuclear strike, and whether to update them.
Educating Strategic Lieutenants At West Point, Scott A. Silverstone
Educating Strategic Lieutenants At West Point, Scott A. Silverstone
The US Army War College Quarterly: Parameters
This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.
Norway's Lessons, Harald Hoiback
Norway's Lessons, Harald Hoiback
The US Army War College Quarterly: Parameters
This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.
Making The War Colleges Better, Richard A. Lacquement Jr
Making The War Colleges Better, Richard A. Lacquement Jr
The US Army War College Quarterly: Parameters
No abstract provided.
Taking The War Colleges From Good To Great, Richard D. Hooker Jr.
Taking The War Colleges From Good To Great, Richard D. Hooker Jr.
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Denmark's Lessons, Sten Rynning
Denmark's Lessons, Sten Rynning
The US Army War College Quarterly: Parameters
This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.
Parameters Winter 2019 – 2020, Usawc Press
Parameters Winter 2019 – 2020, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Australia's Lessons, Rhys Crawley
Australia's Lessons, Rhys Crawley
The US Army War College Quarterly: Parameters
This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Article Index, Usawc Press
Article Index, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman
How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman
Libraries Faculty and Staff Presentations
Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …
Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward
Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward
Student Publications
The U.S.-Mexico border is a space for public debate on the legal and political aspects of immigration. Politicization of the southern border has resulted in polarized public opinion regarding immigration, leading to discrepancies between public perceptions of the Border Patrol and agents’ perceptions of their job. Agents’ work requires emotional labor, and lack of training for difficult encounters, pressure within the agency to detach from emotions, and public outcry lead to dissonance in agent perceptions of their own role in immigration enforcement. In addition, economic, ethnic, and gender-based factors contribute to agent identities, which intersect with perceptions of their roles …
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
Northwestern Journal of Law & Social Policy
The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …
Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood
Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood
FIMS Publications
This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Global Test Threatens Security, Alan J. Meese
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Alan J. Meese
No abstract provided.
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.
Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.
International Law Studies
As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …
When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku
When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku
Charlotte Ku
In an appreciation of Harold Jacobson written for the American Journal of International Law, the author concluded that following the events of September 11, 2001, we would need the kind of gentle wisdom Harold Jacobson brought to his tasks more than ever. The author also recalled Harold Jacobson's own observation in Networks of Interdependence that his assessment of the global political system was an optimistic, but not a naive one. These qualities of quiet determination to get to the bottom of an issue and of optimism stemmed from a fundamental belief that individuals, armed with information and the opportunity …
What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies
What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Functional Secrecy, Laura K. Donohue
Functional Secrecy, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Many theorists consider secrecy inimical to liberal democracy. Precise examination of the role that it plays in contemporary government, however, including its strengths and weaknesses, has been limited. This chapter, accordingly, lays out a functional theory of secrecy, considering its role in the three branches of government in four contexts: deliberation, information security, law, and adjudicatory processes. Whether and to what extent cloaking information advances the interests of the state and society varies according to how it operates in each category. First, deliberative secrecy carries significant advantages: it can facilitate informed debate and honest exchange, allowing individuals to alter their …
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
International Law Studies
Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …
Defining Critical Infrastructure For A Global Application, Colleen M. Newbill
Defining Critical Infrastructure For A Global Application, Colleen M. Newbill
Indiana Journal of Global Legal Studies
A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: ''global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders …
Cyber!, Andrea M. Matwyshyn
Cyber!, Andrea M. Matwyshyn
Andrea Matwyshyn
This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …