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Clausewitz's Theory Of War And Victory In Contemporary Conflict, Emile Simpson Nov 2017

Clausewitz's Theory Of War And Victory In Contemporary Conflict, Emile Simpson

The US Army War College Quarterly: Parameters

This article considers whether Clausewitz’s account of the nature of war is universal to all wars, in order then to assess how far his concept of victory is universal. While aspects of Clausewitz’s concept of war are still universal, others are not. Accordingly, his theory of victory is not universal to all wars, and especially not to wars fought against transnational terrorist networks.


Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman Nov 2017

Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman

The US Army War College Quarterly: Parameters

This article examines the potential implications of the combinations of robotics, artificial intelligence, and deep learning systems on the character and nature of war. The author employs Carl von Clausewitz’s trinity concept to discuss how autonomous weapons will impact the essential elements of war. The essay argues war’s essence, as politically directed violence fraught with friction, will remain its most enduring aspect, even if more intelligent machines are involved at every level.


Navigating The Third Offset Strategy, Damon V. Coletta Nov 2017

Navigating The Third Offset Strategy, Damon V. Coletta

The US Army War College Quarterly: Parameters

This article suggests adding a “craftsman” at lower ranks to steer private-sector projects through the Third Offset Strategy. This strategy was established by experienced leadership at the Pentagon to increase military acquisitions of automation and artificial intelligence technology.


Expansibility And Army Special Operations Forces, Eric P. Shwedo Nov 2017

Expansibility And Army Special Operations Forces, Eric P. Shwedo

The US Army War College Quarterly: Parameters

This article examines how Army Special Operations might prepare to expand in the event of a major war by resolving impediments to growth, improving recall procedures, and developing plans to expand training capacities.


The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad Nov 2017

The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad

Michigan Journal of International Law

The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …


Deterrence & Security Assistance: The South China Sea, Tommy Ross Nov 2017

Deterrence & Security Assistance: The South China Sea, Tommy Ross

The US Army War College Quarterly: Parameters

This article identifies how the United States can apply security assistance to support regional security in the South China Sea in order to counter China’s assertive expansion strategy.


Government Speech And The War On Terror, Helen Norton Nov 2017

Government Speech And The War On Terror, Helen Norton

Fordham Law Review

This Article examines how the government’s speech in the War on Terror can threaten free speech, equal protection, and due process values. It focuses primarily on the constitutional harms threatened by the government’s speech itself (what some call a form of “soft law”), rather than on situations in which the government’s speech may be evidence of a constitutionally impermissible motive for its “hard law” actions.


Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor Nov 2017

Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor

The US Army War College Quarterly: Parameters

This article examines the US Army’s experiences and lessons learned during military interventions in Bosnia and Herzegovina and Kosovo. It explores why these lessons did not affect the Army transformation, directed in the late-1990s by James M. Dubik, John W. Hendrix, John N. Abrams, and Eric K. Shinseki.


The Belarus Factor In European Security, Alexander Lanoszka Nov 2017

The Belarus Factor In European Security, Alexander Lanoszka

The US Army War College Quarterly: Parameters

This article challenges strategists to reconsider longheld assumptions associated with the alliance between Belarus and Russia when planning military support for the Baltic states.


Parameters Winter 2017 – 2018, Usawc Press Nov 2017

Parameters Winter 2017 – 2018, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman Nov 2017

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …


Impact Of Multinational Enterprises On Multilateral Rule Making: The Pharmaceutical Industry And The Trips Uruguay Round Negotiations, Mohamad Omar Gad Oct 2017

Impact Of Multinational Enterprises On Multilateral Rule Making: The Pharmaceutical Industry And The Trips Uruguay Round Negotiations, Mohamad Omar Gad

Law and Business Review of the Americas

No abstract provided.


Can China's Socialist Market Survive Wto Accession - Politics, Market Economy And Rule Of Law, Jan Hoogmartens Oct 2017

Can China's Socialist Market Survive Wto Accession - Politics, Market Economy And Rule Of Law, Jan Hoogmartens

Law and Business Review of the Americas

No abstract provided.


The Politics Of Human Development In India And China: It Pays To Invest In Women And Children, Devin K. Joshi Oct 2017

The Politics Of Human Development In India And China: It Pays To Invest In Women And Children, Devin K. Joshi

Law and Business Review of the Americas

No abstract provided.


Development Progress In Russia, Richard E. Ericson Oct 2017

Development Progress In Russia, Richard E. Ericson

Law and Business Review of the Americas

No abstract provided.


The Role Of States In Attracting Foreign Direct Investment: A Case Study Of Florida, South Carolina, Indiana, And Pennsylvania, Adis Maria Vila Oct 2017

The Role Of States In Attracting Foreign Direct Investment: A Case Study Of Florida, South Carolina, Indiana, And Pennsylvania, Adis Maria Vila

Law and Business Review of the Americas

No abstract provided.


Making Habeas Work: A Legal History, Eric M. Freedman Oct 2017

Making Habeas Work: A Legal History, Eric M. Freedman

Other Lectures and Presentations

The attached materials represent an early draft of the first three chapters of Professor Freedman's publication from NYU Press, Making Habeas Work: A Legal History. This is the material on which this faculty workshop is based.


Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett Oct 2017

Why Informed Consent? Human Experimentation And The Ethics Of Autonomy, Richard W. Garnett

The Catholic Lawyer

No abstract provided.


Reinforcing The Rule Of Law And Human Rights In Mexico Through U.S. Special Operations Forces Missions, Kevin H. Govern Oct 2017

Reinforcing The Rule Of Law And Human Rights In Mexico Through U.S. Special Operations Forces Missions, Kevin H. Govern

Law and Business Review of the Americas

No abstract provided.


The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer Oct 2017

The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer

Maine Law Review

Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare—including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological horrors such as nuclear weapons, mini-nukes, and other weapons of mass destruction—is the foremost challenge to the viability of an international constitutional system. The collapse of the League of Nations provided the world with a stark lesson in how aggression and warfare can undo a weak international constitutional regime dedicated to peace …


Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz Oct 2017

Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz

Maine Law Review

Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …


Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield Oct 2017

Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield

Maine Law Review

Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so self-evident. …


The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi Oct 2017

The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi

Maine Law Review

In the future, a historian studying the early twenty-first century will observe a trend: numerous lawyers applying their skill sets to the problems of pathological states. Our future historian will note that the topography of the post-Cold War international system was marked by weakly-governed states failing. Fragile states eroded, frayed, and disintegrated under stress, and their internal social processes became highly susceptible to external forces. Powerful non-state actors, including private armies, operated within the porous boundaries of entities that were once functioning polities. Legal authority became divorced from political control as non-state actors wielded naked power, challenging formal state structures …


Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich Oct 2017

Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich

Maine Law Review

The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …


Opportunity Lost, Opportunity Found: A Proposal To Amend Maine's Rule Of Evidence 404 To Admit "Prior Acts" Evidence In Domestic Violence Prosecutions, Tina Heather Nadeau Oct 2017

Opportunity Lost, Opportunity Found: A Proposal To Amend Maine's Rule Of Evidence 404 To Admit "Prior Acts" Evidence In Domestic Violence Prosecutions, Tina Heather Nadeau

Maine Law Review

In 2008, thirty-one people were the victims of homicide in the state of Maine. Even more startling: nineteen of these homicides stemmed from domestic violence, possibly the largest number of domestic-violence-related killings in the state's history. This means that nearly 70 percent of Maine's homicides in 2008 were the result of domestic violence. Amendments made in 2007 (and implemented in February 2008) to Maine's Criminal Code have criminalized particular instances of domestic violence as “enhanced” crimes of violence. This allows prosecutors to consider “prior acts” of domestic abuse when deciding how to charge a criminal defendant accused of a domestic-violence-related …


The Crime Of Conviction Of John Choon Yoo: The Actual Criminality In The Olc During The Bush Administration, Joseph Lavitt Oct 2017

The Crime Of Conviction Of John Choon Yoo: The Actual Criminality In The Olc During The Bush Administration, Joseph Lavitt

Maine Law Review

At the outset of the administration of President Barack Obama, there is intense debate about whether to prosecute members of the former administration of President George W. Bush. This Article first considers whether officers who were in command and control of the Executive Branch of the government of the United States during the Bush administration can be excused from criminal responsibility on charges of illegal torture, based on their claim to have acted in good faith reliance upon the advice of attorneys employed by the Department of Justice. Focus then turns to the accountability, if any, of those attorneys in …


Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin Oct 2017

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Maine Law Review

Religious wars have broken out around the country about the legality of gay marriage, the consequences of gay ordination for property ownership, the funding of faith-based organizations and the placement of crosses and Ten Commandments (but not Seven Aphorisms) on public land. To resolve such impassioned disputes, Americans traditionally look to the Religion Clauses of the First Amendment, which state "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Unfortunately, the Court's modern decisions interpreting those clauses have shed more heat than light on the discussion and have provoked ongoing controversy instead of …


Lawyering With Heart: A Warrior Ethos For Modern Lawyers Reviewing Allan C. Hutchinson, Fighting Fair: Legal Ethics For An Adversarial Age, W. Bradley Wendel Oct 2017

Lawyering With Heart: A Warrior Ethos For Modern Lawyers Reviewing Allan C. Hutchinson, Fighting Fair: Legal Ethics For An Adversarial Age, W. Bradley Wendel

Osgoode Hall Law Journal

Prolific legal theorist Allan C. Hutchinson offers a provocative critical perspective on the relationship between law, the public interest, and lawyers’ practices. His recent book, Fighting Fair, seeks to ground legal ethics in the principles regulating one of the most universal and characteristic of all human activities—warfare. Readers of Candide, All Quiet on the Western Front, or Catch-22, or viewers of Gallipoli, Apocalypse Now, or Hacksaw Ridge may be excused for thinking that all we have learned about war is that it is senseless, brutal, dehumanizing, and in all ways an unmitigated ethical catastrophe. Hutchinson, however, is perfectly serious about …


The Santa Clara, 2017-10-12, Santa Clara University Oct 2017

The Santa Clara, 2017-10-12, Santa Clara University

The Santa Clara

No abstract provided.


Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey Oct 2017

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult it …