The Strategic Challenges Of Urban Warfare, 2017 University of Denver
The Strategic Challenges Of Urban Warfare, Christian Aditya Niksch
Electronic Theses and Dissertations
With urbanization on the rise, policymakers cannot ignore urban conflicts. In the aftermath of the Cold War, several scholars were of the opinion that primitive modes of fighting, such as close combat, would cease to be used. However, as urban spaces have increasingly become battlefields in the 21st century, there has been a retrogression to a brutal and bloody mode of fighting. This return of primitivism affects the tactics that the military can use in urban warfare, which makes it a daunting strategic challenge. A combined focus on policy, strategy, and operations is necessary to improve thinking about how exactly …
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, 2017 St. Mary's University School of Law
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
Faculty Articles
The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, 2017 University of Richmond
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
Law Student Publications
This article aims to offer a solution for prosecuting terrorists consistently and efficiently in the ever-expanding world of modern warfare. It argues that our country's approach to prosecuting terrorists has been wildly inconsistent, and that clarity and consistency are required moving forward. The executive branch, which directs the path the Department of Justice and military take in these arenas, has been the main instigator of the inconsistency. The decision whether to prosecute foreign, non-citizen terrorists in an Article III federal court or military tribunal/commission has become politicized, allowing political winds to dictate policy, albeit an inconsistent, unprincipled one. The Bush …
Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, 2017 Air Force Institute of Technology
Brandishing Our Air, Space, And Cyber Swords: Recommendations For Deterrence And Beyond, Mark Reith
Faculty Publications
This article examines how the nation could better prepare to deter aggressive action in space and cyberspace, and if necessary, prevail should deterrence fail. The key themes throughout this article include a strong need for space and cyber situational awareness, the need for an international attribution and escalation framework, and a national investment in space and cyber education, along with an updated national strategy and military doctrine. Although related, this article focuses on deterrence and avoids the topic of cyber coercion.
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, 2017 Mitchell Hamline School of Law
The Practitioner’S Guide To Due Process Issues In Veteranstreatment Courts, Evan C. Tsai
Mitchell Hamline Law Review
No abstract provided.
The Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, 2017 Mitchell Hamline School of Law
The Minnesota Stand Down Model: Bringing Stand Down Courtsto Rural Communities, Sara Sommarstrom
Mitchell Hamline Law Review
No abstract provided.
Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, 2017 Mitchell Hamline School of Law
Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, Benjamin M. Kline
Mitchell Hamline Law Review
No abstract provided.
The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, 2017 University of Nebraska College of Law
The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat, are …
The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, 2017 University of Nebraska-Lincoln
The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The number of countries with more or less comprehensive national space legislation addressing in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent and most interesting ones among them is Nigeria, as the second African country after South Africa and—after Brazil—the second leading spacefaring nation from the developing world, to draft, further to a fairly recently established succinct framework law, a set of regulations addressing precisely those issues.
The paper briefly recaps the underlying international obligations, in …
Transfer Of Ownership In Orbit: From Fiction To Problem, 2017 University of Nebraska-Lincoln
Transfer Of Ownership In Orbit: From Fiction To Problem, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
For many years, the concept of transfer of ownership of a satellite in orbit was not something on the radar screen of anyone seriously involved in space law, if indeed it was not considered a concept of an essentially fictional nature. Space law after all developed, as far as the key UN treaties were concerned, in a period when only States—and only very few States at that—were interested in and possessed the capability of conducting space activities, and they did so for largely military/strategic or scientific purposes. The idea of transferring ownership over satellites or other spacecraft involved in such …
Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, 2017 University of Nebraska College of Law
Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.
The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …
Contemporary Practice Of The United States Relating To International Law, 2017 University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, Daugirdas Kristina, Julian Davis Mortenson
Articles
In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Trans Enlistees Can Sign Up January 1, Judge Rules, 2017 New York Law School
Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard
Other Publications
No abstract provided.
From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, 2017 William & Mary Law School
From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer
Faculty Publications
No abstract provided.
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, 2017 Claremont McKenna College
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
CMC Senior Theses
The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, 2017 University of Richmond School of Law
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
University of Richmond Law Review
No abstract provided.
The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, 2017 Southern Methodist University, Dedman School of Law
The Gathering Swarm: The Path To Increasingly Autonomous Weapons Systems, Chris Jenks
Faculty Journal Articles and Book Chapters
Unbeknownst to many, Lethal Autonomous Weapons (LAWS) have existed for decades, but they have largely been defensive and anti-material. However, as increasingly advanced defensive LAWS, such as complex swarming systems, become more prominent, states will assuredly develop ways to counter, including offensive LAWS. Certainly, the near-term developmental focus of such systems will be on operational environments in which there are relatively low risk of injury or death to civilians or untoward incidents in general, but it is a matter of when, not if, these systems will be widely used in direct combat situations. As such, LAWS are a frequent topic …
Applying The Law Of Proportionality To Cyber Conflict: Suggestions For Practitioners, 2017 Vanderbilt University Law School
Applying The Law Of Proportionality To Cyber Conflict: Suggestions For Practitioners, Eric Boylan
Vanderbilt Journal of Transnational Law
This Note examines the applicability of the law of armed conflict, and particularly the concept of proportionality, to cyber attacks. After exploring deviations in terminology that may lead to confusion in the field, it considers the difficulties associated with applying an area of law first implemented in the post-World War II era to technologies that have only become vitally important in recent years. Delving into some of the facets of cyber technology that make it unique as a potential battleground, this Note examines why those qualities make the law of proportionality particularly difficult to apply. Acknowledging that the law of …
Book Review, 2017 University of Colorado Law School
The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, 2017 Cleveland-Marshall College of Law, Cleveland State University
The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio
Law Faculty Articles and Essays
This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition …