Military, War, and Peace Commons^™

Lt. Col. Vindman Is A Patriot, Joshua E. Kastenberg

Faculty Scholarship

Op-ed: Kastenberg discusses how it is the duty of a commissioned officer to report activity they consider legally questionable and it is within their duty to testify before Congress.

Book Review: Aisling Swaine, Conflict-Related Violence Against Women: Transforming Transition (2018), Jennifer Moore

Faculty Scholarship

Acknowledging that rape is sometimes utilized as a “weapon of war” represents an important development in humanitarian action and scholarly inquiry. However, Aisling Swaine instructs this is but one important facet of the range of harms women experience in time of war, not to mention in peacetime. Swaine articulates two powerful themes: the variant nature of violence against women in times of war, and the other concerns its ambulant nature over time.

Swaine’s treatment of “conflict-related violence against women” represents an important contribution to the canon of feminist scholarship on gender-based violence. Her insights emerge from qualitative research she conducted …

Taxing Combat, Kan Samuel

Faculty Scholarship

No abstract provided.

Is Korematsu Good Law?, Jamal Greene

Faculty Scholarship

In Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essay argues that this claim is both empty and grotesque. It is empty because a decision to overrule a prior case is not meaningful unless it specifies which propositions the Court is disavowing. Korematsu stands for many propositions, not all of which are agreed upon, but the Hawaii Court underspecifies what it meant to overrule. The Court’s claim of overruling Korematsu is grotesque because its emptiness means to conceal its disturbing affinity with that case.

Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby

Faculty Scholarship

Military medical ethics has been challenged by the post-11 September 2001 ‘War on Terror’. Two recurrent questions are whether military physicians are officers first or physicians first, and whether military physicians need a separate code of ethics. In this article, we focus on how the War on Terror has affected the way we have addressed these questions since 2001. Two examples frame this discussion: the use of military physicians to force-feed hunger strikers held in Guantanamo Bay prison camp, and the uncertain fate of the Department of Defense’s report on ‘Ethical Guidelines and Practices for US Military …

Cold War I, Post-Cold War, And Cold War Ii: The Overarching Contexts For Peacekeeping, Human Rights, And Nato, Michael W. Doyle

Faculty Scholarship

Peacekeeping, human rights, and the North Atlantic Treaty Organization (NATO) have flourished in complementary contrast with each other. Their relationship has reflected the constraints and opportunities provided by three geopolitical eras since World War II. The first (the first Cold War) began in about 1948 and lasted until 1988; the second (the Post-Cold War Liberal Primacy) ran from 1989 to around 2012; finally, since 2012 the world has been threatened with the emergence of a second Cold War.

During the first geopolitical era, NATO was the centerpiece of the Western Cold War alliance. However, its importance declined when the Cold …

New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler

Faculty Scholarship

By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article explores the role that administrative constitutionalism played in the development of the American national-security state, a state that became both more powerful and more legalistic during the pivotal years of the Cold War. The Article also questions the frequent identification of administrative constitutionalism with the relative autonomy and opacity of the federal bureaucracy. The back-and-forth of administrative constitutionalism continually recalibrated the degree of autonomy and opacity that characterized the draft apparatus. This evidence suggests that bureaucratic autonomy and opacity may …