Digital Commons Network^™

Dysfunctional Warfare: The Russian Invasion Of Ukraine, 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. 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 motivation levels. Western support has allowed them to compensate for their deficiencies in armaments and munitions. This commentary also shows military and policy leaders how the political context continues to impose limitations on the Ukrainians.

Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This special commentary examines critical issues for the field of strategic studies raised by Russia’s invasion of Ukraine, including the waning of major war, strategic coercion, and “War Amongst the People.” Drawing on previous scholarship and current events, this commentary considers the questions raised by the first major war of the twenty-first century. It provides recommendations for scholars and senior leaders on how to work together to address the questions of strategy and policy that have and continue to arise as the war progresses.

Problematic Ai — When Should We Use It?, Fredric Lederer

Popular Media

No abstract provided.

Trial By Combat In The Modern World, Michael L. Smith

Barry Law Review

The ancient practice of trial by combat was abandoned hundreds of years ago and has never been employed in America. Yet this has not stopped litigants and others from demanding trial by combat—a tactic which, while infrequent, implicates deeper questions of the history of American law. In the past several years, several high-profile demands for trial by combat have prompted media attention and caused several commentators to suggest that trial by combat may be an option for civil litigants. Most coverage and commentary only focuses on each instance of trial by combat as they arise—without attention to other examples of …

Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu

Law Faculty Publications

Technology is so much more than a prosthetic. But how much more? And what else is it? In the legal realm, its role is not yet clear. Such a lack of elucidation becomes problematic, especially when technology has the ability to convert assumptions into facts, and it takes on a truth-making, rather than a mere truth-revealing mission. This Article argues that it is problematic to enable technology to stand in for reflective thinking, and calls attention to the fact that evidentiary rules enable technology to decide what can be proven, ergo what truth is. Technology is a fork in the …

America: The World’S Police—How The Defund The Police Movement Frames An Analysis For Defunding The Military, Anya Kreider

The Scholar: St. Mary's Law Review on Race and Social Justice

In this article, the author examines the tenets of the Defund the Police movement and applies them to the American military to make the argument that not only should the police be defunded, but so should the American military. The purpose of this piece is to push the conversation regarding policing beyond American borders to examine American influence internationally. The article incorporates various Critical Race Theories to explore the intersection of policing and the military. The Defund the Police Movement also provides a framework for critiquing the American military because the American police and military are inextricably connected. Part I …

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi

Georgia Journal of International & Comparative Law

No abstract provided.

Defensive Industrial Policy: Cybersecurity Interventions To Reduce Intellectual Property Theft, Dr. Chad Dacus, Dr. Carl (Cj) Horn

Military Cyber Affairs

Through cyber-enabled industrial espionage, China has appropriated what Keith Alexander, the former Director of the National Security Agency, dubbed “the largest transfer of wealth in history.” Although China disavows intellectual property (IP) theft by its citizens and has set self-sustained research and development as an important goal, it is unrealistic to believe IP theft will slow down meaningfully without changing China’s decision calculus. China and the United States have twice agreed, in principle, to respect one another’s IP rights. However, these agreements have lacked any real enforcement mechanism, so the United States must do more to ensure its IP is …

Offensive Cyber Operations And Future Littoral Operating Concepts, Jd Work

Military Cyber Affairs

Introduction of new ground-launch cruise missile options to hold adversary naval targets at risk in order to support conventional deterrence objectives through sea control and sea denial missions is the centerpiece of proposed reorganization of Marine Littoral forces, as part of new “Expeditionary Advanced Base Operations,” and “Littoral Operations in Contested Environments” concepts. Effective distributed sea control fires against pacing threat maritime formations requires defeat of integrated air defense systems. Offensive cyber operations capabilities may be considered as a means of altering the calculus of attrition in missile fires exchanges, but due to various sensitivities it has been difficult to …

The "God Gap" In International Affairs: Missing Cross-Cultural Conversations In International Humanitarian Law And Islamic Jurisprudence, Corri Zoli

Florida Journal of International Law

The main purpose of this Article is, thus, to set out a preliminary case for such a rapport, one that brings together interdisciplinary scholarship in international law and security studies, and demonstrates in the specific case of Islamic and International Humanitarian Law (IHL) the potential to identify shared conceptual tools and common assessments of cross-cutting international security challenges.

In the following parts, I first outline key barriers in social science and comparative research on Islamic law and its implications. I then turn to the second prong in the argument, the symmetry between the challenges that both international and Islamic legal …

The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson

Doctoral Dissertations and Projects

More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents, …

The Contradiction Of The Welfare Dictatorship: The Stasi’S Role In Preserving And Undermining East German Human Rights, Mallory Wooldridge

Honors College Theses

Constructed four years after WWII in a kind of pendulum swing response to the Third Reich, the German Democratic Republic (GDR) was an experiment in socialism. Under the Sozialistische Einheitspartei Deutschlands (The Socialist Unity Party of Germany, SED) no East German was to go hungry, unemployment would be eradicated, housing guaranteed, women treated as equals, and human rights interwoven into the fabric of this socialist society. However, SED socialism in practice did not conform to this original vision and would eventually represent the disillusionment with the socialist project as a whole.

This project seeks to understand human rights in the …

Criminalizing Starvation In An Age Of Mass Deprivation In War: Intent, Method, Form, And Consequence, Tom Dannenbaum

Vanderbilt Journal of Transnational Law

Mass starvation in war is resurgent. Across a range of conflicts, belligerents have attacked farmers and humanitarian workers; destroyed, looted, or rendered unusable food and food sources; and cut off besieged populations from the external supply of essential goods. Millions have been left in famine or on the brink thereof. Increasingly, this has elicited calls for accountability. However, traditional criminal categories are not promising in this respect. The situation and nature of objects indispensable to survival is such that they typically provide sustenance to both civilians and combatants; the conduct that deprives people of those objects often involves acting on …

Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro

BYU Law Review

No abstract provided.

Enter The Battleverse: China's Metaverse War, Josh Baughman

Military Cyber Affairs

No abstract provided.

Humanitarian Intervention And American Public Opinion: An Analysis To Intervene, Alexia Inge

Departmental Honors & Graduate Capstone Projects

N/A

On The Politics And Ideologies Of The Sovereignty Discourse In Cyberspace, Henning Lahmann

Duke Journal of Comparative & International Law

This article critically examines the current discourse on the legal status and substance of the international law concept of "sovereignty" in cyberspace against the backdrop of conflicting political-ideological attitudes. It first traces the origins of the interpretation of "respect for sovereignty" as a primary rule of international law, and then discusses two approaches to cyberspace that challenge the emerging consensus: "cyber imperialism," embodied by the US and the other Five Eyes members on the one hand, and "cyber-Westphalia," represented by China, Russia, and Iran on the other. Both groups conceive cyberspace in ways fundamentally irreconcilable with prevailing legal views. A …

Xiaomi Corporation V. U.S. Department Of Defense: Defending The International Emergency Economic Powers Act, Bailey Williams

Duke Journal of Constitutional Law & Public Policy Sidebar

The International Emergency Economic Powers Act (IEEPA) provides the Executive with emergency authority to act in the realm of foreign affairs and national security. As global power struggles increasingly play out in financial markets as opposed to battle fields, the United States is leveraging global capital markets, banking, and financial systems to effectuate national security goals – and is relying on IEEPA to do so. However, critics argue IEEPA lacks appropriate procedural safeguards given the courts' general deference to the Executive acting pursuant to national security and the corresponding lack of Congressional oversight.

After assessing various criticisms of IEEPA, this …

Should We Worry That The President Called Putin A “War Criminal” Out Loud?, Deborah Pearlstein

Online Publications

Commenting on the increasingly horrific images that have emerged from Bucha this week revealing the staggering brutality of Russian violence against civilians in Ukraine, President Joe Biden minced no words in his assessment of Vladmir Putin: “He is a war criminal,” the president said on Monday. The statement generated a significant new round of media attention, notwithstanding the reality that it was not exactly news. The U.S. State Department had issued a formal statement in March conveying its assessment “that members of Russia’s forces have committed war crimes in Ukraine,” and the president himself had called Putin a “war criminal” …

A Regulatory Back Door: General Prohibition Ten And America’S National Security, Ramachandran, Vilas

Santa Clara Journal of International Law

American leadership in innovation requires, among other things, an export control regime that adapts to the realities of trade in the twenty-first century. The United States understands that the importance of American leadership in innovation reaches far beyond a theoretical debate about American hegemony; it has implications for the national security of the United States. However, Section 736.2(b)(10) of the Export Administration Regulations, known as General Prohibition Ten, creates vulnerabilities that jeopardize the national security of the United States while also adding unnecessary costs to American exporters. General Prohibition Ten makes it impossible for an American exporter to take control …

Accessibility Of Bomb Ingredients, Elizabeth Wilson

Helm's School of Government Conference - 2021-2024

Homegrown terrorism and the accessibility of bomb ingredients.

Jus Gentium, Natural Law, And Grotius’ Treatise: The Impact Of International Law’S Classical Heritage On Today’S Enforcement Dilemma, Faith Chudkowski

Helm's School of Government Conference - 2021-2024

No abstract provided.

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Helm's School of Government Conference - 2021-2024

No abstract provided.

On Protecting Internally Displaced Persons In Non-International Armed Conflicts, Specifically Regarding The Civilian Population Of The Rohingya People Of Burma, Elizabeth Tonkin

Helm's School of Government Conference - 2021-2024

No abstract provided.

Administrative Investigations, Aram A. Gavoor, Steven A. Platt

Indiana Law Journal

This Article establishes the subject of federal administrative investigations as a new area of study in administrative law. While the literature has addressed investigations by specific agencies and congressional investigations, there is no general account for the trans-substantive constitutional value of administrative investigations. This Article provides such an account by exploring the positive law, agency behaviors, and constraints pertaining to this unresearched field. It concludes with some urgency that the Administrative Procedure Act of 1946—the statute that stands as a bill of rights for the Administrative State—does not serve to regulate administrative investigations and that Article III courts have held …

Beating A Dead Corpse, Josh Chafetz

Michigan Law Review

A Review of Sovereignty, RIP. By Don Herzog.

Socialist Republic Of Vietnam V. Pham Thi Doan Trang, David Mccraw, Human Rights Institute

Human Rights Institute

On the night of October 6, 2020, at the conclusion of a virtual human rights meeting between the governments of the United States of America and Vietnam, Vietnamese police arrested the journalist and human rights activist Pham Thi Doan Trang at her home in Hanoi. Ms. Trang was arrested and detained for allegedly “conducting propaganda against the Socialist Republic of Vietnam” and “making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” — two of the most notorious of Vietnam’s fifteen national security offenses.

It would be a full year — during …

Born-Again Rfra: Will The Military Backslide On Its Religious Conversion?, Michael Berry, Antony Barone Kolenc

Missouri Law Review

This Article details the importance of religious freedom in the United States and its armed forces, as well as the unfortunate history of non-accommodation that has plagued the Department of Defense (DoD) until recent years. It reviews the jurisprudence surrounding military service member free-exercise claims before and after the landmark Religious Freedom Restoration Act (RFRA) of 1993, and it analyzes how courts have addressed those claims within the military. It proposes an analysis for handing religious accommodation claims under RFRA in the military, and examines a series of hypotheticals that demonstrate the issues the DoD must confront and accommodate if …

Pool Houses And Public Policy: The Uncollectability Of Contractual Attorney Fees In Missouri, Evan Miller

Missouri Law Review

Homeowners associations (“HOAs”) are a foundational piece of life in the United States for people of all socioeconomic backgrounds. These planned communities provide stable living arrangements that many homeowners desire, and protect buyers’ expectations of a neighborhood’s character. Despite the ostensibly beneficial goals of HOAs, they have generated substantial controversy. Columbia, Missouri, was the backdrop of a garden-variety HOA dispute between Ajay Aggarwal and Megha Garg (“the Homeowners”) and the Arrowhead Lake Estates Homeowners Association (“Arrowhead”). The Homeowners submitted a plan for several outdoor improvements but failed to include a small shed that would cover pool equipment. After a trial …