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Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain 2022 The Graduate Center, City University of New York

Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain

Dissertations, Theses, and Capstone Projects

How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation ...


Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein 2022 U.S. Naval War College

Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein

International Law Studies

Australia has voiced its commitment to the “rules-based order” since 2008 and the rules-based order has become a touchpoint of both Australian defense and foreign policy. Australia has also voiced its commitment to international law, particularly the UN Convention on the Law of the Sea, to meet challenges to the maritime rules-based order, including in the South and East China Seas. References to international law have often been bundled in or left adjacent to the rules-based order and the two terms are not synonymous. This article discusses the role of international law in the rules-based order as it relates to ...


Transit Rights Through The Panama Canal, Office of the Staff Judge Advocate 2022 U.S. Southern Command

Transit Rights Through The Panama Canal, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.


Dysfunctional Warfare: The Russian Invasion Of Ukraine 2022, Rob Johnson 2022 US Army War College

Dysfunctional Warfare: The Russian Invasion Of Ukraine 2022, Rob Johnson

The US Army War College Quarterly: Parameters

Russia’s invasion of Ukraine was based on false premises, faulty assumptions, and a weak strategy. The conduct of operations has also been a failure: a coup de main that miscarried, poor air-land cooperation, inadequate tactical communications, substandard battle discipline, low morale, and vulnerable and weak logistics. As the conflict has unfolded, heavy losses have imposed a strain on available Russian manpower. The Russian army reached a culminating point outside Kyiv and has exhibited little sign of operational learning. By contrast Ukrainians have fought an existential war, making good use of dispersed light infantry tactics with high levels of motivation ...


Parameters Summer 2022, USAWC Press 2022 US Army War College

Parameters Summer 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor In Chief, Antulio J. Echevarria II 2022 US Army War College

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Enforcing Interstate Compacts In Federal Systems, Michael Osborn 2022 Indiana University Maurer School of Law

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision ...


Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson 2022 US Army War College

Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson

The US Army War College Quarterly: Parameters

Current events warrant a review of US civil-military relations doctrine. This article examines eight principles of military subordination to elected civilian officials and addresses the fundamental question at the heart of civil-military relations theory and practice—what options, if any, does the military have when civilian leadership disregards military advice? Examples drawn from US history provide an important framework to understand the complex interrelational dynamics at play.


From The Editor, Antulio J. Echevarria II 2022 US Army War College

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Spring 2022, USAWC Press 2022 US Army War College

Parameters Spring 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn 2022 University of St. Thomas School of Law

Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn

University of St. Thomas Law Journal

No abstract provided.


Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise McLaren 2022 St. Mary's University School of Law

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused ...


Privilege In Peril: U.S. V. Zubaydah And The State Secrets Privilege, Alana Mattei 2022 Duke Law

Privilege In Peril: U.S. V. Zubaydah And The State Secrets Privilege, Alana Mattei

Duke Journal of Constitutional Law & Public Policy Sidebar

U.S. v. Zubaydah presents an opportunity for the Court to settle the scope of the state secrets privilege and the role of the judiciary when the government invokes a claim of privilege. The state secrets privilege, invoked by the executive, gives courts the power to prevent the disclosure of information that could pose a threat to national security by excluding the particular evidence or dismissing the case. The Court will decide whether the Ninth Circuit erred by rejecting the Government’s assertion of the state secrets privilege over the depositions of former CIA contractors requested by Abu Zubaydah. The ...


Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary 2022 Seattle University School of Law

Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary

Seattle Journal of Technology, Environmental & Innovation Law

The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?

Further, this article analyzes the development of U.S. privacy law and its relationship to national ...


The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness, Diana C. Mutz, Beth A. Simmons 2022 University of Pennsylvania

The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness, Diana C. Mutz, Beth A. Simmons

Faculty Scholarship at Penn Law

This study assesses the impact of international border walls on evaluations of countries and on beliefs about bilateral relationships between states. Using a short video, we experimentally manipulate whether a border wall image appears in a broader description of the history and culture of a little-known country. In a third condition, we also indicate which bordering country built the wall. Demographically representative samples from the United States, Ireland, and Turkey responded similarly to these experimental treatments. Compared to a control group, border walls lowered evaluations of the bordering countries. They also signified hostile international relationships to third-party observers. Furthermore, the ...


How The Cia, Fbi, And Presidential Administrations Failed To Prevent 9/11, Samantha McBride 2022 Claremont Colleges

How The Cia, Fbi, And Presidential Administrations Failed To Prevent 9/11, Samantha Mcbride

CMC Senior Theses

This thesis examines the way the CIA, FBI, and Presidential Administrations failed to prevent the 9/11 attacks. Through analysis and research of intelligence, investigations, and military orders, this thesis aims to bring awareness of the mistakes and mishandling of intelligence by the United States intelligence community. Each critical intelligence and investigation is analyzed by how they were mishandled, why they were mishandled, and how they should have been handled. Based on the evidence and investigations done on the mishandlings of intelligence, this thesis argues that the CIA, FBI, President Clinton, and President Bush failed to protect the United States ...


Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy Gaudion 2022 Penn State Dickinson Law

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy Gaudion

Faculty Scholarly Works

In the book, Perlroth traces the development and use of cyber capabilities, focusing on the U.S. government’s unintended role in creating a market for these cyber goods. Her purpose is a straightforward one: to illuminate. Perlroth explains that her goal is to “help shine even a glimmer of light on the highly secretive and largely invisible cyberweapons industry so that we, a society on the cusp of this digital tsunami called the Internet of Things, may have some of the necessary conversations now, before it is too late.”7 She seeks to accomplish this purpose by offering a ...


The Reasonable Intelligence Agency, Asaf Lubin 2022 Maurer School of Law - Indiana University

The Reasonable Intelligence Agency, Asaf Lubin

Articles by Maurer Faculty

Article 57(2) of the First Additional Protocol to the Geneva Conventions requires parties to an armed conflict to “do everything feasible to verify” their objects of attack and take “all precautions” to minimize civilian casualties and unintentional damage to civilian property. This obligation has been interpreted in international law to require state parties to set up an “effective intelligence gathering system” that would properly identify targets using all technical means at the disposal of the combating forces.

But existing law has failed to define what “effective intelligence” looks like. Quite the opposite. Modern history is filled with examples of ...


Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion 2022 Penn State Dickinson Law

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion

Dickinson Law Review

No abstract provided.


Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman 2021 Pace University

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.


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