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Series

Faculty Scholarship

Duke Law

Military, War, and Peace

National security--Law and legislation

Articles 1 - 13 of 13

Full-Text Articles in Law

"Cybervandalism" Or "Digital Act Of War?" America's Muddled Approach To Cyber Incidents Will Not Deter More Crises, Charles J. Dunlap Jr. Jan 2017

"Cybervandalism" Or "Digital Act Of War?" America's Muddled Approach To Cyber Incidents Will Not Deter More Crises, Charles J. Dunlap Jr.

Faculty Scholarship

If experts say a "malicious [cyber] code"' has "similar effects" to a "physical bomb,"' and that code actually causes "a stunning breach of global internet stability," is it really accurate to call that event merely an instance of a "cyber attack"?

Moreover, can you really expect to deter state and non-state actors from employing such code and similarly hostile cyber methodologies if all they think that they are risking is being labeled as a cyber-vandal subject only to law enforcement measures? Or might they act differently if it were made clear to them that such activity is considered an "armed …


Lawfare 101: A Primer, Charles J. Dunlap Jr. Jan 2017

Lawfare 101: A Primer, Charles J. Dunlap Jr.

Faculty Scholarship

Dunlap discusses the concept of lawfare—using law as a form of asymmetrical warfare—and provides some considerations for how to combat this phenomenon. The article establishes the intellectual framework and thematic direction for this Issue of Military Review.


Lawfare, Charles J. Dunlap Jr. Jan 2015

Lawfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap Jan 2012

Ethical Issues Of The Practice Of National Security Law: Some Observations, Charles J. Dunlap

Faculty Scholarship

No abstract provided.


Lawfare Today…And Tomorrow, Charles J. Dunlap Jr. Jan 2011

Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Does Lawfare Need An Apologia?, Charles J. Dunlap Jr. Jan 2010

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Faculty Scholarship

Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is …


A Tale Of Two Judges : A Judge Advocate’S Reflections On Judge Gonzales’S Apologia, Charles J. Dunlap Jr. Jan 2010

A Tale Of Two Judges : A Judge Advocate’S Reflections On Judge Gonzales’S Apologia, Charles J. Dunlap Jr.

Faculty Scholarship

This is a response to - and reflection about - Judge Alberto Gonzales's essay in the Texas Tech Law Review entitled "Waging War Within the Constitution" 42 Tex. Tech. L. Rev. 843 (2010). It argues that national security law policy in an era of complex challenges is best designed when the expertise of the widest number of knowledgeable practictioners is brought to bear in a principled and fearless manner.


The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr. Jan 2009

The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr. Jan 2009

Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Lawfare Today: A Perspective, Charles J. Dunlap Jr. Jan 2008

Lawfare Today: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre Jan 2008

Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre

Faculty Scholarship

No abstract provided.


It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr. Jan 2003

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr. Jan 2001

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.