Digital Commons Network^™

An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt

International Law Studies

This article is the result of an international research project organized by the Federmann Cyber Security Research Center at Hebrew University to consider the feasibility of establishing an international attribution mechanism for hostile cyber operations, as well as the usefulness of such a body. The authors observe that, at present, states wielding significant cyber capability have little interest in creating such a mechanism. These states appear to be of the view that they can generate sufficient accountability and deterrence based on their independent technological capacity, access to expertise and to offensive (active defense) cyber tools, political clout, security alliances, and …

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …

Key Strategic Issues List (Ksil) 2021-2022, Steve Cunningham

Articles & Editorials

New for Academic Years 2021-2022, the USAWC has published an updated Key Strategic Issues List (KSIL). The KSIL informs students, faculty, and external research associates of strategic topics requiring research and analysis. The USAWC in coordination with Headquarters Department of the Army (HQDA), major commands throughout the Army, and the joint and interagency community has updated the Army's priorities for strategic analysis to address issues in the emerging strategic environment and to align with elements of the current Army Vision and Army Strategy. The USAWC will continue to address select topics as Integrated Research Projects and through other research efforts. …

Key Strategic Issues List (Ksil) 2021–2022, Steve Cunningham

Books, Monographs & Collaborative Studies

New for Academic Years 2021-2022, the USAWC has published an updated Key Strategic Issues List (KSIL). The KSIL informs students, faculty, and external research associates of strategic topics requiring research and analysis. The USAWC in coordination with Headquarters Department of the Army (HQDA), major commands throughout the Army, and the joint and interagency community has updated the Army's priorities for strategic analysis to address issues in the emerging strategic environment and to align with elements of the current Army Vision and Army Strategy. The USAWC will continue to address select topics as Integrated Research Projects and through other research efforts. …

Surveillance Technology Toward A Dystopian Future, Sandy Hernandez

University Honors Program Senior Projects

There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know as an exchange to provide for the security of all citizens. Questions that demand an answer are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is considered more important, can there even be a right to privacy. When questioning the right to privacy and state surveillance, there are three key goals. First, to investigate whether the human right to privacy should exist, considering the continued threat of terrorist attacks and …

International Cultural Heritage Law: Link Between Cultural Nationalism, Internationalism, And The Concept Of Cultural Genocide, Ashley Mullen

Cornell Law Review

No abstract provided.

Information Hacking, Derek E. Bambauer

Utah Law Review

The 2016 U.S. presidential election is seen as a masterpiece of effective disinformation tactics. Commentators credit the Russian Federation with a set of targeted, effective information interventions that led to the surprise election of Republican candidate Donald Trump. On this account, Russia hacked not only America’s voting systems, but also American voters, plying them with inaccurate data—especially on Internet platforms—that changed political views.

This Essay examines the 2016 election narrative through the lens of cybersecurity; it treats foreign efforts to influence the outcome as information hacking. It critically assesses unstated assumptions of the narrative, including whether these attacks can be …

Who Will Check The Checkers? False Factcheckers And Memetic Misinformation, Andrew Moshirnia

Utah Law Review

This Essay sets out the need for disciplined fact-checking networks and the likely counterattacks of domestic and foreign propagandists. Part I sets out the continuing social media disinformation campaigns infecting elections worldwide, which stoke internal divisions and undermine public discourse. Part II details factchecking efforts and their effectiveness, with specific attention paid to the neutralization of memes designed to inflame racial hatred. Part III examines disturbing trends that threaten the fact-checking mission, including an internallydriven tendency towards false equivalence and foreign-directed efforts to create imposter fact-checkers. Part IV offers an overview of potential solutions and areas for future study.

Artificial Financial Intelligence, William Magnuson

Faculty Scholarship

Recent advances in the field of artificial intelligence have revived long-standing debates about what happens when robots become smarter than humans. Will they destroy us? Will they put us all out of work? Will they lead to a world of techno-savvy haves and techno-ignorant have-nots? These debates have found particular resonance in finance, where computers already play a dominant role. High-frequency traders, quant hedge funds, and robo-advisors all represent, to a greater or lesser degree, real-world instantiations of the impact that artificial intelligence is having on the field. This Article will argue that the primary danger of artificial intelligence in …

Building Social And Human Capital In The Black Community By Increasing Strategic Relationships, Cooperative Economics, The Black Marriage Rate, And The Level Of Educational Attainment And Targeted Occupational Training, W. Sherman Rogers

UC Law Journal of Race and Economic Justice

This is a multi-disciplinary article that focuses on the power of strategic relationships and cooperative economics in strengthening the human and social capital of the black1 community. It involves studies emanating primarily from the fields of law, economics, history, political science, and sociology. The recommendations set-forth in this article, however, are relevant to all people in America. The central thesis that underlies the entirety of this article can be found in the simple exhortation of the African Proverb—“If you want to go fast, go alone. If you want to go far, go together .”

African Americans can significantly expand the …

The Pros And Cons Of Plea Bargaining, Stephanos Bibas, Gregory Brower, Carissa Byrne Hessick, Clark Neily, Lisa Branch

University of Dayton Law Review

The following is a transcript of a 2018 Federalist Society panel entitled "The Pros and Cons of Plea Bargaining." The panel originally occurred on November 15, 2018, during the National Lawyers Convention in Washington, D.C. The panelists were: Hon. Stephanos Bibas, United States Court of Appeals, Third Circuit; Gregory Brower, Shareholder, Brownstein Hyatt Farber Schreck, LLP; Carissa Byrne Hessick, Anne Shea Ransdell and William Garland "Buck" Ransdell Jr. Distinguished Professor of Law, University of North Carolina School of Law; and Clark Neily, Vice President for Criminal Justice, Cato Institute. The moderator was the Honorable Lisa Branch of the United States …

Repositioning Indonesia In The Changing Maritime Landscape Of The Indo-Pacific Region, Sukmawani Bela Pertiwi

Global: Jurnal Politik Internasional

Indo-Pacific has been among the most contested regions in the past decade. After China demonstrated its ambitious goal in reviving maritime silk road with its military and economic presence, United States, India, Japan, and Australia formed a new coalition to counter this strategy. This paper aims to examine the position of Indonesia as a traditional regional maritime power in the context of this changing maritime landscape of the Indo-Pacific region. In doing so, this paper develops the concept of “the three faces of maritime power” which distinguishes maritime power into hard, soft, and normative maritime power. The findings of this …

Beyond Human Shielding: Civilian Risk Exploitation And Indirect Civilian Targeting, Geoffrey S. Corn

International Law Studies

Few violations of the law of armed conflict (LOAC) are as pernicious as using civilians to shield military objectives from attack. This unlawful tactic unfortunately seems to be an all too common practice of organized armed groups, especially in conflicts against tactically superior conventional state armed forces. The very term "human shielding" presupposes, however, the ultimate objective is to prevent an opponent from attacking the shielded military objective or, in the alternative, substantially complicate that attack decision. But is a shielding effect always the ultimate objective of such civilian exploitation? This article argues that the answer is no; that there …

Ai Patents: A Data Driven Approach, Brian S. Haney

Chicago-Kent Journal of Intellectual Property

While artificial intelligence (AI) research brings challenges, the resulting systems are no accident. In fact, academics, researchers, and industry professionals have been developing AI systems since the early 1900s. AI is a field uniquely positioned at the intersection of several scientific disciplines including computer science, applied mathematics, and neuroscience. The AI design process is meticulous, deliberate, and time-consuming – involving intensive mathematical theory, data processing, and computer programming. All the while, AI’s economic value is accelerating. As such, protecting the intellectual property (IP) springing from this work is a keystone for technology firms acting in competitive markets.

Performing "Legality" In The Theatre Of Hostilities: Asymmetric Conflict, Lawfare And The Rise Of Vicarious Litigation, Prof. Dr. Nikolas M. Rajkovic

San Diego International Law Journal

This Article explores the extent of the change by looking at the ways in which asymmetric conflict and legalization have reshaped the theatre of hostilities and the implications for the institution of war itself. The shift from one literal battlefield to multiple and disaggregated battlespaces has led to a reconfigured theatre of hostilities, which now involves a complex mix of local and global spaces as well as kinetic and narrative forms of combat. This re-making of armed hostilities in geographical, material, and social terms has increased access to the drama, stage, and audience of military theatres. Further, the more globalized …

Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen

International Law Studies

The nature of modern armed conflicts, combined with traditional interpretations of proportionality, poses serious challenges to the jus ad bellum goal of limiting and controlling wars. In between the jus ad bellum focus on decisions to use force, and the international humanitarian law (IHL) regulation of specific attacks, there is a far-reaching space in which the regulatory role of international law is bereft of much needed clarity. Perhaps the most striking example is in relation to overall casualties of war. If the jus ad bellum is understood as applying to the opening moments of the conflict, then it cannot provide …

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..

Damage Control Interdisciplinarity: An Antidote To Death Despair In Military Medicine, Erika "Ann" Jeschke

Saint Louis University Journal of Health Law & Policy

“Diseases of despair” is a conceptually broad category used to describe the phenomenon of premature mortality caused by suicide, drug poisoning, and alcoholic liver disease. Central to this conceptualization of mortality is that death occurs too early in an entire population of individuals infected with social despair. Implicit in the diseases of despair construct is a powerful normative claim about the manner and time of death—that death is bad if it is contextualized in unwanted conditions and happens before reaching midlife. As such, diseases of despair ought to be reduced, if not eliminated. Interestingly, military medical research on combat casualties …

Letter From The Editor, Brad A. Rocheville

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Rise Of Hybrid Warfare, Waseem Ahmad Qureshi

Notre Dame Journal of International & Comparative Law

In the twenty-first century, wars are not declared or waged conventionally; instead, conflicts are instigated by clandestine agents using cyber tools, information operations, NGOs, nonstate actors, economic tools, propaganda, ambiguity, terrorism, and insurgency or rebel movements. In hybrid warfare, the lines between peacetime and wartime and between combatants and civilians are blurred. Further, systemic aggression is imposed on a targeted state using gray zones, nonlinear warfare, unrestricted warfare, unconventional warfare, and color revolutions to avoid attribution and possible retribution for the aggression. Hybrid warfare employs a wide array of power tools, ranging from political, economic, military, and civil to informational. …

Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay, Christopher J. Putney

Dissertations, Theses, and Capstone Projects

This study is an account of the modern presidency as a source––and under Donald Trump, an accelerant––of systemic problems in American politics. Against the prevailing scholarly view of the Trump presidency as an unqualified aberration, I argue that the signal features of his efforts at governance are actually the product of converging patterns of political and institutional order. Building on seminal (but previously disjointed) work on ascriptive Americanism and the rhetorical presidency, I show that Trump represents the political synthesis of America’s ascriptive tradition and a form of presidential leadership inaugurated more than a century ago by Woodrow Wilson. Moreover, …

Covid-19 And American Democracy, Barry Sullivan

Faculty Publications & Other Works

This article discusses the response of the United States Government to the COVID-19 Pandemic from January through June 19, 2020.In particular, the article focuses on the constitutional and legal background of that response. The article was prepared for a symposium in the Italian journal Il diritti dell'economia on responses to the COVID-19 pandemic by governments around the world.

A Keystroke Causes A Tornado: Applying Chaos Theory To International Cyber Warfare Law, Daniel Garrie, Masha Simonova

Brooklyn Journal of International Law

Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example …

Electromagnetic Conflict: The Implications Of New Methods Of Warfare And The Need For International Action, Joseph M. Nielsen

Brooklyn Journal of International Law

During the Summer of 2017, American diplomats stationed in Havana, Cuba began experiencing symptoms associated with traumatic brain injuries after hearing strange noises in the night. These symptoms ranged from mere nausea to memory loss and hearing loss. While there has been no definitive conclusion as to the cause of these symptoms, the world has speculated that American diplomats were subjected to sonic warfare by an unknown enemy whose identity has remained masked by the anonymity of this type of warfare. This Note explores the implications of sonic warfare and what the international community is able to do when battling …

Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin

Washington and Lee Journal of Civil Rights and Social Justice

There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current …

The Temperance Movement's Impact On Adoption Of Women's Suffrage, Richard H. Chused

Akron Law Review

This paper examines the nature of the Progressive Era and the Prohibition Movement and the important links between the sentiments giving rise to prohibition and those stimulating adoption of suffrage. Though each arose from a somewhat distinct array of reform impulses and overcame varying opposition groups, they were closely related in some ways, supported by overlapping groups of people, advanced by large numbers of women, and, in part, lifted to enactment by similar motivations. Indeed, without the support of many conservative citizens approving both Amendments, it is not clear what the fate of suffrage would have been after World War …

Civil Procedure And Economic Inequality, Maureen Carroll

DePaul Law Review

No abstract provided.

Anti-Slapp Coverage And The First Amendment: Hurdles To Defamation Suits In Political Campaigns, David L. Hudson Jr.

Law Faculty Scholarship

Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and speech about political candidates is inherently political speech. Thus, defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes and a greater public awareness of SLAPP suits; (2) a history and tradition of mudslinging and enhanced protection of political speech during political …

New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen

Georgia Journal of International & Comparative Law

No abstract provided.

Parameters Spring 2020: Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.