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All Articles in National Security Law

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1839 full-text articles. Page 57 of 61.

Taking Humans Out Of The Loop: Implications For International Humanitarian Law, Markus Wagner 2010 University of Miami

Taking Humans Out Of The Loop: Implications For International Humanitarian Law, Markus Wagner

Markus Wagner

Written as a comment to Brendan Gogarty’s and Meredith Hagger’s 2008 article entitled The Laws of Man over Vehicles Unmanned: The Legal Response to Robotic Revolution on Sea, Land and Air, this brief article explores the international humanitarian law implications of the growing trend toward the deployment of autonomous weapon systems. It argues that while technological development has been impressive and continues to advance at a rapid pace, computer technology’s ability to make qualitative determinations is structurally difficult, if not impossible. In light of this, the deployment of fully autonomous weapon systems is illegal, quite apart from ...


Regulating Food Retail For Obesity Prevention, Paul Diller, Samantha Graff 2010 Willamette University

Regulating Food Retail For Obesity Prevention, Paul Diller, Samantha Graff

Paul Diller

No abstract provided.


Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson 2010 College of William & Mary Law School

Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson

William & Mary Environmental Law and Policy Review

No abstract provided.


Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall 2010 Brigham Young University Law School

Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall

BYU Law Review

No abstract provided.


Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall 2010 Brigham Young University Law School

Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall

BYU Law Review

No abstract provided.


Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies 2010 Roger Williams University School of Law

Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies

Law Faculty Scholarship

Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the ...


Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel 2010 Georgia State University College of Law

Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.


Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist 2010 U.S. Army

Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist

Journal of Strategic Security

As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our ...


Cover & Front Matter, 2010 University of South Florida

Cover & Front Matter

Journal of Strategic Security

No abstract provided.


Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi 2010 National Counter Terrorism Authority of Pakistan

Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi

Journal of Strategic Security

This article briefly explores the economics of the "Talibanization" of Pakistan within descriptive and contextual paradigms, while attempting to find a best solution to counter rising militancy in the context of realities facing the population on the ground. One such solution is the National Pakistani Counter Terrorism and Extremism Strategy (NACTES), designed to curb Taliban financing in Pakistan. The strategy is being drafted by National Counter Terrorism Authority (NACTA), the nascent homeland security coordination body set up by the state as the primary public organ entrusted with counterterrorism, counter-extremism, and de-radicalization efforts of the state.


Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov 2010 Azerbaijan Diplomatic Academy

Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov

Journal of Strategic Security

This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly ...


Eriksonian Identity Theory In Counterterrorism, Cally O'Brien 2010 University of South Florida

Eriksonian Identity Theory In Counterterrorism, Cally O'Brien

Journal of Strategic Security

Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some ...


Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao 2010 Georgia Tech

Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao

Journal of Strategic Security

This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The ...


Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (ret.) 2010 Henley-Putnam University

Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)

Journal of Strategic Security

No abstract provided.


The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud 2010 Osgoode Hall Law School of York University

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.


Cover & Front Matter, 2010 University of South Florida

Cover & Front Matter

Journal of Strategic Security

No abstract provided.


Seeing The State: Transparency As Metaphor, Mark Fenster 2010 University of Florida Levin College of Law

Seeing The State: Transparency As Metaphor, Mark Fenster

UF Law Faculty Publications

When applied as a public administrative norm, the term and concept “transparency” has two intertwined meanings. First, it refers to those constitutional and legislative tools that require the government to disclose information in order to inform the public and create a more accountable, responsive state. Second, it operates as a metaphor that identifies and decries the distance between the public and the state, and that drives and shapes the desire for a more perfect democratic order. Viewed together, these two meanings both demand efforts to impose legal obligations on the state to be “open” and suggest that such efforts are ...


Indian Involvement In Afghanistan In The Context Of The South Asian Security System, Melanie Hanif 2010 German Institute of Global and Area Studies

Indian Involvement In Afghanistan In The Context Of The South Asian Security System, Melanie Hanif

Journal of Strategic Security

This article focuses on the regional requirements for a pacification of Afghanistan. For this purpose, Afghanistan is analytically "reframed" as part of South Asia. The hypothesis is that India is the only regional actor that might possess both the incentives and the capabilities to deal with the negative security externalities emanating from Afghanistan.In South Asia, material characteristics such as the delineation of the region and its power polarity are unclear. India's role within the region is even more controversial. By examining India's role within its security environment, this paper will suggest how this lack of clarity could ...


The Weakest Link: The Risks Associated With Social Networking Websites, Yosef Lehrman 2010 New York Police Department

The Weakest Link: The Risks Associated With Social Networking Websites, Yosef Lehrman

Journal of Strategic Security

The relatively rapid rise in popularity of social networking services is now well known. MySpace, Twitter, and Facebook have become well known sites and terms. According to the Web traffic tracking site Alexa.com, as of December 2009, Facebook had 350 million registered users, MySpace just under 475 million, and Twitter 44.5 million. Many people think very little of posting prodigious amounts of personal information on social networking sites, not realizing that this information puts them at risk. Specifically, those in the law enforcement and military communities may not realize that information posted on these sites can compromise operational ...


The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves 2010 United States Military Academy

The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves

Journal of Strategic Security

Effective national leaders throughout history have deliberately developed grand strategies and successfully implemented them to attain their political goals, while also integrating and accomplishing economic, social, defense, and sometimes religious objectives. Not all leaders have been successful, however, as this process is immensely complex and can be adversely affected by the actions of other leaders around their region and the world. It bears examination, then, to determine what factors contribute to successful grand strategies and why many leaders fail to reach their stated ends. This article utilizes a historic case study approach and explores three key areas of grand strategy ...


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