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The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal May 2011

The Federal Protective Power And Targeted Killing Of U.S. Citizens, Greg Mcneal

Greg McNeal

In this responsive essay I argue that the Constitution envisions circumstances when the president may order U.S. citizens to be killed. It may be akin to the facts in al-Awlaki, where one is actively making war against the United States, or it may be in lesser circumstances that threaten the instruments of federal power. A settled example where a killing was authorized to protect the federal government was in Cunningham v. Neagle, 135 U.S. 1 (1890), there the Court addressed the killing of a U.S. citizen by Neagle, a federal marshal who was dispatched to protect Justice Field from an …


The U.S. Practice Of Collateral Damage Estimation And Mitigation, Greg Mcneal Dec 2010

The U.S. Practice Of Collateral Damage Estimation And Mitigation, Greg Mcneal

Greg McNeal

This paper explains how the U.S. military estimates and mitigates the impact of conventional weapons on collateral persons and objects in most military operations involving air-to-surface weapons and artillery. It is the descriptive part of a larger work discussing the normative implications of U.S. targeting practices. In recent years, an entire body of academic literature and policy commentary has been based on an incomplete understanding of how the U.S. conducts military operations. The literature is incomplete because U.S. practices are shrouded in secrecy and largely inaccessible. As a result commentators have lacked a descriptive foundation to analyze and critique U.S. …


The Status Quo Bias And Counterterrorism Detention, Greg Mcneal Dec 2010

The Status Quo Bias And Counterterrorism Detention, Greg Mcneal

Greg McNeal

Counterterrorism detention policy in the United States is a mess. Commentators on both sides of the political spectrum have decried the U.S. approach. Those on the left have criticized the arbitrary and unfair nature of U.S. policy; they argue that detention policy has unfairly trampled on the rights of individuals, producing results that are inconsistent and, perhaps, counterproductive, especially in the eyes of U.S. allies and the Muslim world. Others have approached this question from a security perspective, decrying the granting of privileges to those who fail to follow the rules of civilized nations yet then demand the protection of …