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Duke Law

Military, War, and Peace

Armed Forces

Articles 1 - 11 of 11

Full-Text Articles in Law

Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr. Jan 2023

Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.

Faculty Scholarship

In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil-military relations, and in response, this Article comments on and clarifies these well-intended efforts. This Article sequentially dissects each CP/BP in today’s context of hyper-politicization, partisanship, technology, and more. Where necessary, the Article explains how the law may …


American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr. Jan 2016

American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Role Of Peacebuilding And Conflict Management In A Future American Grand Strategy: Time For An “Off Shore” Approach?, Charles J. Dunlap Jr. Jan 2013

The Role Of Peacebuilding And Conflict Management In A Future American Grand Strategy: Time For An “Off Shore” Approach?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr. Jan 2013

Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.

Faculty Scholarship

Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.

However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …


A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr. Jan 2012

A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Origins Of The American Military Coup Of 2012, Charles J. Dunlap Jr. Jan 2011

The Origins Of The American Military Coup Of 2012, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr. Feb 2010

How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr. Jan 2009

Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Special Operations Forces After Kosovo, Charles J. Dunlap Jr. Jan 2001

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr. Jan 1994

Welcome To The Junta: The Erosion Of Civilian Control Of The U.S. Military, Charles J. Dunlap Jr.

Faculty Scholarship

Colonel Dunlap argues that civilian control of the United States military is eroding as a result of seemingly disparate phenomena. Colonel Dunlap first examines the American tradition of antimilitarism, which he believes no longer effectively restrains the modern armed forces. He then analyzes the effects of the military's elevated public support, the evolving nature of the leadership elite, and the increasing vulnerability of constitutional safeguards to military influence. In an effort to assess the current predicament, Colonel Dunlap introduces the new paradigm of postmodern militarism that challenges traditional notions of civilian control. Noting the potential long-term implications of excessive military …


What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar Jan 1988

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.