Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, 2020 United States Army Military Police (Retired)
Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin
Dignity: A Journal of Analysis of Exploitation and Violence
Before my combat deployments into Iraq, I, Colonel Wes Martin, had successfully fought another war. As a military police officer, I spent many years fighting against sexual misconduct, abuse of authority, and cover-ups within the senior officer and sergeant ranks in the United States Army. During this fight I faced continual criticism from my senior officers who claimed I was discrediting the Army by exposing the corrupt and immoral behavior of senior officers and sergeants.
During the early days of standing up to the corruption, when I had the rank of Major, I received retaliatory evaluations and was forced to …
Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, 2020 University of South Dakota
Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, Jaedon A. Foreman
Honors Thesis
Leaving World War I and heading into World War II the United States Navy had to prepare for an unforeseen future on the open seas. After the attack on Pearl Harbor the United States was thrust into World War II and needed an effective amphibious landing doctrine to be able to counter adversary advances. This thesis covers the evolution of landing doctrine from the beginning to the end of World War II while highlighting the impacts that Operations Torch, Husky, Shingle, and Overlord had on the Navy's landing doctrine after the war.
Federalism And The Military Power Of The United States, 2020 Vanderbilt University Law School
Federalism And The Military Power Of The United States, Robert Leider
Vanderbilt Law Review
This Article examines the original meaning of the constitutional provisions governing the raising and organization of military forces. It argues that the Framers carefully divided the military between the federal and state governments. This division provided structural checks against the misuse of military power and made it more difficult to use offensive military force. These structural checks have been compromised by the creation of the U.S. Army Reserve, the dual enlistment of National Guard officers and soldiers, and the acceptance of conscription into the national army, all of which have enhanced federal military power beyond its original constitutional limits.
This …
Generals & General Elections: Legal Responses To Partisan Endorsements By Retired Military Officers, 2020 Vanderbilt University Law School
Generals & General Elections: Legal Responses To Partisan Endorsements By Retired Military Officers, Hannah M. Miller
Vanderbilt Law Review
Retired generals and admirals of the U.S. military appear to be endorsing partisan political candidates in greater numbers, with more visibility. This Note argues that the practice represents a clear danger to civilian control over the military and weakens military effectiveness. It explains that while retirees remain subject to military jurisdiction, the existing array of statutory and regulatory restrictions on political activity cannot adequately address the problem. Neither can professional norms be expected to shore themselves up to solve it. This Note describes how political restrictions on service members have evolved over time in response to novel challenges to civilian …
The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, 2020 University of Exeter
The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts
International Law Studies
With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …
Australian National Audit Office: Evaluating Australian Army Program Performance, 2020 Purdue University
Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The Australian National Audit Office (ANAO) evaluates the management and financial performance of Australian government programs for the Australian Parliament, Australian government agencies, Australian taxpayers, and individuals interested in the performance of these programs globally. This article examines how ANAO has examined the performance of Australian Army programs and strengths and weaknesses found in these programs while recommending changes to improve program performance. It also examines how government agencies and corporations which have been the subject of ANAO analyses have reacted to ANAO findings. This assessment also examines how Plan B (the possibility that Australia might have to rely less …
Life Factors Affecting U.S. Army Junior-Enlisted Soldiers In Reaching Their Educational Goals, 2020 Western Kentucky University
Life Factors Affecting U.S. Army Junior-Enlisted Soldiers In Reaching Their Educational Goals, Irina Rader
Dissertations
This study focused on drawing a picture of the dynamics and educational experiences of U.S. Army junior-enlisted soldiers in the rank of specialist in the RA. Those soldiers are eligible to participate in the U.S. Army’s VolEd Program available worldwide. According to Gleiman and Zacharakis (2016):
The military relies on continuing professional education as a key component to the success of its organization. With decreasing budgets and increasing importance for a force that operates efficiently and thinks critically, the cognitive tension among training, education, and learning come center stage. (p. 81)
The researcher formed the research questions (RQs) sought to …
Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, 2020 University of Arkansas at Little Rock William H. Bowen School of Law
Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich
University of Arkansas at Little Rock Law Review
No abstract provided.
Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), 2020 University of Pennsylvania Carey Law School
Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith
All Faculty Scholarship
This article is reproduced with permission from the April 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.
The Free Sea: The American Fight For Freedom Of Navigation, 2020 University of Miami School of Law
The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman
Articles
No abstract provided.
What Can The Protection And Advocacy Network Offer To Our Veterans?, 2020 University of the District of Columbia School of Law
What Can The Protection And Advocacy Network Offer To Our Veterans?, David A. Boyer
University of the District of Columbia Law Review
The desire to compensate veterans predates the establishment of the United States (“U.S.”). In 1636, individuals with disabilities received pensions for defending the Plymouth colony against Native Americans.1 Throughout history, this practice continued, as documented by the U.S. Department of Veterans Affairs (“VA”).2 By 1930, President Herbert Hoover signed the Executive Order 5398, which created the Veterans Administration.3 Prior to President Hoover’s signing of that executive order, the available veteran services were divided by three separate governmental agencies: the Veterans’ Bureau, the Pensions Bureau, and the Soldiers’ Home.4 Consequently, that executive order combined all three agencies into one that concentrated …
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, 2020 University of the District of Columbia School of Law
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski
University of the District of Columbia Law Review
The Department of Veterans Affairs (VA) has experienced dramatic increases in its budgets since September 11, 2001.1 Increasing federal deficits during this time has led Congress to seek spending cuts, causing tensions in efforts to ensure that a declining veteran population receives the quality benefits and services they earned through years of service.2While the number of veterans in the United States has steadily been declining due to veterans of World War II, Korea, and Vietnam dying,3 the number of veterans receiving disability compensation has risen dramatically due to injuries sustained by service members in conflicts in Iraq and Afghanistan, and …
Smart Language: How To Address An Inherent Weakness Undermining The Implementation Of U.N. Sanctions On North Korea, 2020 Waseda University
Smart Language: How To Address An Inherent Weakness Undermining The Implementation Of U.N. Sanctions On North Korea, Maiko Takeuchi
International Law Studies
Since 2006, the U.N. has adopted ten sanction resolutions against North Korea (The Democratic People’s Republic of Korea or DPRK) to date. While these sanctions appear comprehensive, the DPRK is still advancing its nuclear and ballistic missile programs and continuing relevant procurement, according to the U.N. 1874 Panel of Experts, which monitors the implementation of these sanctions. There are constant discussions on how to improve the U.N. Member States’ implementation of the resolutions. However, the shortcomings of the language of the resolutions often is overlooked and should be examined, as these shortcomings frustrate effective implementation by U.N. Member States. After …
How Conscientious Objectors Killed The Draft: The Collapse Of The Selective Service During The Vietnam War, 2020 Hanyang University School of Law
How Conscientious Objectors Killed The Draft: The Collapse Of The Selective Service During The Vietnam War, Bill Raley
Cleveland State Law Review
This Article argues that a key-but-overlooked factor in the Vietnam-era breakdown of the draft system was the Supreme Court’s expansion of the religious conscientious objector ("CO") exemption. It asserts that the Court understood that the CO exemption violated the Establishment Clause, but rather than strike the exemption down, the Court avoided the constitutional issue by interpreting away the religious element of CO statutes. The Article concludes that the Court’s rulings caused CO exemptions to skyrocket, which in turn caused the draft system to collapse toward the end of the Vietnam War.
The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, 2020 Brigham Young University Law School
The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, Eric Talbot Jensen
International Law Studies
One of the most intriguing and important discussions in international law is the potential impact of emerging technologies on the law of armed conflict (LOAC), including weapons that incorporate machine learning and/or artificial intelligence. Because one of the likely characteristics of these advanced weapons would be the ability to make decisions implicating life and death on the battlefield, these discussions have highlighted a fundamental question concerning the LOAC: Does the law regulating armed conflict require human input in selecting and engaging targets or can that decision be made without human input? This article analyzes views expressed by scholars and NGOs, …
The Future Is Today: Preparing The Legal Ground For The United States Space Force, 2020 University of Miami Law School
The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt
University of Miami Law Review
The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to the …
Black Flags Behind Bars: Doe V. Mattis And Why The 2001 Aumf Does Not Justify The Detention Of U.S.-Citizen Islamic State Fighters, 2020 William & Mary Law School
Black Flags Behind Bars: Doe V. Mattis And Why The 2001 Aumf Does Not Justify The Detention Of U.S.-Citizen Islamic State Fighters, John A. Gurtunca
William & Mary Law Review Online
This Note proposes that the current legal authority the United States relies on to detain U.S. citizens captured as enemy combatants—the 2001 AUMF—does not provide an adequate justification for the detention of Islamic State fighters who are U.S. citizens. This Note argues that despite a marriage of convenience, the Islamic State’s organizational and operational differences from al-Qaeda make it a factually distinct organization. Because the Islamic State and al-Qaeda are two different entities, the Islamic State falls outside the scope of the 2001 AUMF. Thus, the 2001 AUMF should not apply to the detention of U.S.-citizen Islamic State fighters because …
The Unlawfulness Of A “Bloody Nose Strike” On North Korea, 2020 University of Amsterdam; Australian National University
The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller
International Law Studies
The United States has reportedly been debating whether to "react to some nuclear or missile test with a targeted strike against a North Korean facility to bloody Pyongyang’s nose and illustrate the high price the regime could pay for its behavior." This article asks a simple question: would such a “bloody nose strike” (BNS) violate the jus ad bellum?
Providing a coherent answer is complicated by the lack of clarity surrounding the United States’ planning. In particular, the U.S. government has not specified what kind of provocation it believes would justify launching a BNS, has not identified precisely what …
Nonstate Actors And Anti-Access/Area Denial Strategies: The Coming Challenge, 2020 US Army War College
Nonstate Actors And Anti-Access/Area Denial Strategies: The Coming Challenge, Jean-Loup Samaan Dr.
Monographs, Collaborative Studies, & IRPs
This monograph explores the emerging challenge of nonstate actors’ anti-access and area denial (A2/AD) strategies and their implications for the United States and its allies by looking at two regions, the Middle East and Eastern Europe, with case studies such as Hezbollah in Lebanon, Hamas in the Gaza Strip, the Houthis in Yemen, and separatist groups in Ukraine. The historical monopoly of states over precision-guided munitions has eroded, and this evolution eventually challenges the ability of the most advanced militaries to operate in specific environments. As they gain greater access to advanced military technology, some nonstate actors increasingly lean toward …
The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, 2020 University of Georgia School of Law
The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski
Georgia Journal of International & Comparative Law
No abstract provided.