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By All Means Available: Memoirs Of A Life In Intelligence, Special Operations, And Strategy, Todd Greentree

The US Army War College Quarterly: Parameters

Todd Greentree examines By All Means Available: Memoirs of a Life in Intelligence, Special Operations, and Strategy by Michael G. Vickers, who Greentree views as an exemplar of strategic leadership for current and future leaders.

Parameters Spring 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Spring 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Russia, Ukraine, and NATO; Strategic Competition and Managing National Security; and Joint Sustainment Strategies), the regular Civil-Military Relations Corner installment, and a review essay.

Ukraine’S Not-So-Whole-Of-Society At War: Force Generation In Modern Developed Societies, Ilmari Käihkö, Jan Willem Honig

The US Army War College Quarterly: Parameters

This article argues that Ukraine offers a cautionary tale regarding the two main modern models of force generation. Neither the professional high-tech war model, favored by Western militaries, nor the whole-of-society war approach, said to have saved Ukraine in 2014 and 2022, proved successful formulas for Ukraine. Considering that Ukraine is fighting for survival, with Russian forces inside the country, the failure of both models in action has serious implications for NATO member states as they deliberate their choices regarding future force generation.

“Burned At The Stake”: Unpacking Disinformation In The Story Of A Coach Allegedly “Terminated” For Expressing Anti-Transgender Women Athlete Beliefs, Ellen J. Staurowsky

Journal of Issues in Intercollegiate Athletics

On August 29, 2023, a video testimony entitled ‘Burned at the Stake’: One NCAA Coach’s Battle to Protect Women’s Sport was released. The film was part of a “female athlete storytelling series” developed and funded by the Independent Women’s Forum (IWF) designed to support the IWF’s stated agenda to “fight to save women’s sports and counter the radical agenda that seeks to erase women” by allowing transgender girls and women on teams that match their identities. The central figure in the video is Kim Russell, then head women’s lacrosse coach at NCAA Division III Oberlin College, who claimed her right …

Implementing Agreement To Enhance Protection Of Critical Undersea Infrastructure, Raul (Pete) Pedrozo

International Law Studies

Since 2022, there have been several incidents of apparent intentional damage to submarine cables and pipelines in the Baltic Sea and in the waters around Taiwan. Affected coastal States correctly complain that malign actors, like Russia and China, exploit gaps in international law that make it exceedingly challenging to hold the perpetrators accountable. None of the international agreements applicable to the protection of critical undersea infrastructure provide for adequate coastal State enforcement authority beyond the territorial sea. Several proposals have been made to provide greater protection for critical undersea infrastructure—adopt a UN Security Council resolution, European Union Action Plan, naval …

Mapping State Reactions To The Icc Arrest Warrants For Netanyahu And Gallant, Rebecca Ingber

Online Publications

On Thursday, the International Criminal Court (ICC) announced it had issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former defense minister, in connection with alleged crimes committed in the ongoing armed conflict between Israel and Hamas. In doing so, the Court rejected as premature Israel’s challenge to the Court’s jurisdiction. The Court’s decision to issue a warrant for the sitting Prime Minister of a state, which is notably not a party to the Rome Statute, also demonstrates the Court’s embrace of its prior controversial decision on immunity, namely that customary international law does …

Justice On The Home Front: Domestic Prosecution Of Foreign Combatants During Wartime, Katherine K. French

Duke Law Journal

Russia's 2022 full-scale invasion of Ukraine produced a shock to the world order. The conflict has led to immense suffering for the Ukrainian people, many of whom have fled their homes or are directly involved in the fighting. In some instances, the use of improper tactics by both sides exacerbates the devastation, even amounting to war crimes. Although the war rages on, justice efforts have already begun. International tribunals and foreign countries’ domestic courts have initiated investigations into alleged violations of international law and prosecutions of the perpetrators. The most significant effort, though, has been within Ukraine’s own courts. These …

The Obligation Of “Due Regard” In The Eez During Armed Conflict At Sea, James Kraska

International Law Studies

This article explores the rights of belligerent warships and military aircraft to engage in hostile operations within a neutral coastal State’s exclusive economic zone (EEZ) during armed conflict. It argues that peacetime rules of due regard for coastal State sovereign rights and jurisdiction do not constrain these operations. The United Nations Convention on the Law of the Sea (UNCLOS) established the peacetime obligation of due regard in the EEZ. By 1984, the EEZ had become customary international law binding on all States. The San Remo Manual on International Law Applicable to Armed Conflict at Sea suggests belligerent naval forces owe …

Defining Pacifism: Article 9’S Role In Japan’S National Defense And Global Commitments, Dylan Kaito Fackler

UC Law SF International Law Review

No abstract provided.

Strategy For Strategy’S Sake, Edith Beerdsen

North Carolina Law Review

No abstract provided.

High “Status”: Reforming Employment Protections For Medical Cannabis Users Based On Status, Benjamin P. Sheppard

Marquette Benefits and Social Welfare Law Review

This paper explores the inconsistencies in employment protections for medical cannabis users, with a focus on the divergent interpretations of protections based on “status” across different jurisdictions. The analysis begins with an overview of federal and state laws, followed by an examination of varying court approaches to the scope of protections afforded to medical cannabis users. Courts differ in interpreting whether "status" protections extend to cover positive drug test results, leading to significant variations in employment rights depending on jurisdiction. To address these disparities, this paper proposes two model statutes tailored to the level of protection each state may choose …

Is There A Duty To Use Lethal Autonomous Weapons? How Ai Will Change Warfare And The International Order, Bryan Hance

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Debunking Sovereignty In Cyberspace, Benjamin W. Haight

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Generative Ai And Disinformation: Analyzing China’S Strategy Amidst U.S. Investment And Export Controls, Liana Edgar

San Diego International Law Journal

The rapid evolution of artificial intelligence (AI) technologies has ushered in a new era of technological, economic, and legal transformation. As economies expand and technology continues to evolve, AI has ignited a competition for technological supremacy, commonly known as the “AI Race.” China and the United States have taken center stage, amplifying their longstanding technological rivalry within the realm of AI. This analysis delves into China’s regulatory approach to generative AI, its strategic positioning in the ongoing AI race, and its influence operations, specifically the dissemination of disinformation. It also examines U.S. strategies for controlling AI technological advancement in China …

Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson

Chicago-Kent Journal of Intellectual Property

This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …

Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez

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

No abstract provided.

The Future Of Warfare: National Positions On The Governance Of Lethal Autonomous Weapons Systems, Benjamin Perrin, Masoud Zamani

All Faculty Publications

Lethal autonomous weapons systems (LAWS), such as drones and autonomous missile systems, are no longer a theoretical concern. Indeed, they are finding their way onto the battlefield. Amid growing international concern, States have articulated a range of positions on how LAWS should be governed, ranging from relying on existing international law(traditionalists), to a legal ban on LAWS (prohibitionists), to a new treaty that would ban certain uses and regulate others to “clarify and strengthen existing law” (dualists). In this post, we analyze a flurry of recent international diplomatic efforts to address LAWS, focusing on these three main positions adopted by …

A Horse Named “Stream Depletion Theory”: The History And Negotiation Of The Upper Colorado River Basin Compact, Eric Kuhn, Katherine H. Tara, John Fleck

Natural Resources Journal

The 1922 Compact only apportions the beneficial consumptive use of the river system’s waters between two geographic sub-basins, an Upper Basin and a Lower Basin. The 1922 Compact negotiators left the task of allocating water to individual states to future negotiations among the sub-basins. The five states with Upper Basin lands completed this task in 1948. The negotiations of the Upper Colorado River Basin Compact provide significant context for understanding the Law of the River, particularly considering ongoing Post-2026 Colorado River Operations discussions. This article examines the dynamics between the states, the role of the United States, the debate over …

Pleading With Particularity: Decoding When Computer Fraud And Abuse Act Claims Must Comply With Rule 9(B), Brooke R. Newman

Pepperdine Law Review

The primary tool for litigating cybercrimes is the Computer Fraud and Abuse Act (CFAA), which Congress enacted in 1984 following increased computer misuse. Since its debut, the CFAA has undergone a series of amendments. The most noteworthy of which for civil litigators came in 1994 when Congress enacted a civil penalty for cybercrimes. Part of this penalty includes 18 U.S.C. § 1030(a)(4), which prohibits fraudulent conduct in connection with computer usage. In recent years, litigators have weaponized § 1030(a)(4) to challenge a variety of conduct, most of which has nothing to do with cybercrimes. These filings have split district courts …

Sunk In Battle, But The War Is Not Over: Who Owns The Moskva?, Caroline Tuckett

International Law Studies

The study of underwater cultural heritage, and that of sunken warships, has typically focused on the legal protections that surround a site in the years, or often centuries, after the sinking. The Russia-Ukraine conflict has given cause to study the topic in a more modern context. Several Russian Naval vessels have been sunk by Ukraine, the most famous being the Black Sea flagship, the Moskva, in April 2022. Following the sinking, Ukraine stated the Moskva was now a heritage site, with a Ukrainian Defence Minister joking that the wreck was simply “one more diving spot.”

This article will examine …

Litigation As Accommodation, Matthew A. Shapiro

UC Law Journal

As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public values it aims to serve. Public law employs a distinctive set of strategies for addressing that challenge: vesting institutional powers with public officials, imposing public-regarding duties on those officials, and ensuring compliance with the duties by subjecting officials’ decisions to various forms of oversight and accountability.

This Article argues that the public institution of civil litigation pursues a very different strategy for countering abuse from …

Confronting Catastrophic Risk: The International Obligation To Regulate Artificial Intelligence, Bryan Druzin, Anatole Boute, Michael Ramsden

Michigan Journal of International Law

While artificial intelligence (“AI”) holds enormous promise, many experts in the field are warning that there is a non-trivial chance that the development of AI poses an existential threat to humanity. Existing regulatory initiatives do not address this threat but instead merely focus on discrete AI-related risks such as consumer safety, cybersecurity, data protection, and privacy. In the absence of regulatory action to address the possible risk of human extinction by AI, the question arises: What obligations, if any, does public international law impose on states to regulate its development?

At present there is no scientific consensus as to the …

Economic Sanctions As Legal Ordering, J. Benton Heath

Michigan Journal of International Law

This article recovers a critical episode in the history of economic sanctions and considers its implications for international legal order. Beginning in 1905, a group of Chinese citizens launched a series of protests targeting American, British, and Japanese goods. These boycotts caused economic damage, disrupted international relations, and at times won significant political victories. At the same time, they captured the imaginations of peace advocates, lawyers, and scholars, who saw in the boycotts either a fundamental threat to legal ordering, a promising avenue for enforcing interstate peace, or, most radically, an engine for new kinds of political organization outside the …

Biomanipulation, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Scientific and technological advances in the latter part of the twentieth century transformed the field of biometrics. Carleton Simon, for instance, first postulated using retinal vasculature for biometric identification in 1935, but it was not until forty years later that an Eyedentify patent brought the idea to fruition. In 1937, John Henry Wigmore anticipated using oscilloscopes to identify individuals by speech patterns. Decades later, digitization and speech processors made voiceprint identification possible. In the 1970s, biological discoveries similarly led to the development of deoxyribonucleic acid (DNA) sequencing. And while Alphonse Bertillon in the late nineteenth century postulated iris distinctions, it …

The Need For The Enactment Of Prize Law Legislation In Indonesia, Pornomo Rovan Astri Yoga

Indonesian Journal of International Law

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. …

Lethal Autonomous Weapons Systems & International Law: Growing Momentum Towards A New International Treaty, Benjamin Perrin

All Faculty Publications

While existing international humanitarian law, international criminal law, and international human rights law provide foundational rules and principles governing LAWS, gaps in specificity and enforcement highlight the pressing need for a dedicated international treaty. Such a treaty could harmonize interpretations, establish clear prohibitions and restrictions, and ensure accountability in the use of these technologies.

Water Security In The Wake Of Arizona V. Navajo Nation: How The President’S Emergency Powers Can Provide A Path Forward For The Navajo Nation, Kelly Bridges

University of Chicago Legal Forum

In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation’s water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the President and Congress to amend an 1868 treaty, the language of which served as the basis for the holding in Navajo Nation. These paths forward are not without problems. Litigating water rights claims is costly and time-intensive, sometimes taking decades to be decided. As …

Climatizing National Security, Mark Nevitt

University of Chicago Legal Forum

Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …

A Transformational Agenda For National Security, Maryam Jamshidi

University of Chicago Legal Forum

Past efforts to "reimagine" national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national security. This Article presents an agenda for reimagining national security through legal scholarship, which is premised on the view that challenging the national security status quo should be part of those efforts. In doing so, this agenda explores seven premises central to how U.S. national security is currently conceived of, practiced, and implemented. Moving …