Digital Commons Network^™

Binding The Nation: National Service In America, Carol Armitead Grigsby

The US Army War College Quarterly: Parameters

No abstract provided.

The 21st Century Security Environment And The Future Of War, Colin S. Gray

The US Army War College Quarterly: Parameters

No abstract provided.

Dividing Up Intelligence Education, Robert Clark, Ph.D

Journal of Strategic Security

At this year's annual conference of the International Association for Intelligence Education (IAFIE) in Monterey, CA, the keynote speaker posed the question, "How much do you need intelligence education outside the beltway?" Which led to a second question discussed during the conference: "What should such education look like?" In short, what should we be teaching in universities? What should we leave to the intelligence community as training? And what could be done in either or both settings? The first question of any educational effort is:What are we preparing students for?

Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel

Dalhousie Law Journal

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness ofactions taken in the name of national security. To even talk about this subject assumes that there is some distinction -betweena government that does all within its power to protect its citizens, and one that does all within its lawful power If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role oflawyers is to get out of the way …

So Many Zebras, So Little Time: Ecological Models And Counterinsurgency Operations, Mark D. Drapeau, Peyton C. Hurley, Robert E. Armstrong

Defense Horizons

This paper explores how ecological and biological models can help inform the understanding of counterinsurgency operations and irregular conflict. Drawing parallels between predator-prey dynamics in nature and interactions between insurgent and counterinsurgent forces, the authors look at how ecological frameworks may provide analytical insight into complex adaptive behaviors, force relationships, and operational environments. While ecological models cannot fully explain the complexity of warfare, they can offer useful conceptual tools for analyzing insurgency dynamics, adaptation, and strategic interaction in irregular warfare environments.

Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon

William Mitchell Law Review

No abstract provided.

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

This essay explores the ways that the Four Freedoms were intended to address the dire circumstances of the Second World War. It analyzes the historical context of the 1940s in which the Four Freedoms first emerged, how they formed the basis of the International Bill of Human Rights, and how they evolved over the decades that followed. This essay argues that, restored to their proper place at the center of U.S. policy, the Four Freedoms promise a more principled and more effective grand strategy than the “Global War on Terrorism.” Part I introduces the argument that the Four Freedoms remain …

The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham

University of Miami Law Review

No abstract provided.

Book Review: Outsourcing Sovereignty: Why Privatization Threatens Democracy, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This is a review of Paul Verkuil's new book: Outsourcing Sovereignty: Why Privatization Threatens Democracy and What we Can Do About It. The book consists of a wide-ranging and well-documented critique of what Verkuil views as excessive reliance on private contractors to perform a variety of inherently governmental tasks, with particular emphasis on military and other national security functions. Verkuil discusses in detail numerous ways in which the U.S. might reduce the scope and severity of the severe problems that excessive reliance on poorly-supervised contractors is now having.

Pierce praises Verkuil's description and documentation of the problem he addresses in …

Cyber Influence And International Security, Franklin D. Kramer, Larry Wentz

Defense Horizons

This paper examines the growing role of cyber influence in shaping international security, strategic competition, and state behavior in the information age. It explores how information technologies, digital networks, and cyber capabilities are increasingly used to influence political outcomes, shape perceptions, disrupt adversaries, and advance national objectives below the threshold of conventional conflict. This paper analyzes the strategic implications of cyber-enabled influence operations for U.S. national security and discusses the evolving challenges posed by information dominance, technological interconnectivity, and nontraditional forms of conflict in the digital era.

The Protect America Act Of 2007: A Framework For Improving Intelligence Collection In The War On Terror, Jeffrey F. Addicott, Michael T. Mccaul

Faculty Articles

The most important weapon in the War on Terror is intelligence. The Protect America Act of 2007, a modification of the Foreign Intelligence Surveillance Act (FISA), was favored by Congress for providing a positive framework for ensuring the proper rule of law kept pace with changes in technology. FISA closed the intelligence gaps that had arisen because of the application of the Act to foreign persons in foreign countries.

FISA codifies in federal law the procedures associated with how electronic surveillance and searches of acquisition of foreign intelligence is conducted. In order to conduct electronic surveillance, a court order must …

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.

The Man Behind The Torture, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Chaos Theory And Military Applications, Judith Crane

Pell Scholars and Senior Theses

This paper reviews the fundamentals of Chaos theory, military systems that are Chaotic, Chaos in non-physical systems, Chaos control, and the applications of Chaos theory for the military. This fairly new mathematical concept is still being explored and it is expanding in its applications for the military. Glenn James in his paper Chaos theory: The Essentials for Military Applications, capitalizes the word “chaos” throughout his paper when discussing mathematical chaos. This method will be used throughout this paper as well to distinguish mathematical chaos from social chaos. In order to help understand Chaos theory, the logistic map, a difference equation …

This Call May Be Monitored: Is Nsa Wiretapping Legal?

William Mitchell Law Review

No abstract provided.

Japanese National Identity And National Security, Christopher Gene Phillips

Seton Hall University Dissertations and Theses (ETDs)

This thesis examines the interrelation between national security and nationalism in Japan. Beginning from the stance of classical realism as put forth by Hans Morgenthau, the essay takes a "culturalist" view as its starting point. The culturalist view, in accepting the basic assumptions of classical realism as given, understands that all states act freely and rationally to maximize their interests, defined in terms of power. Power, as Morgenthau points out, is not a fixed concept, its definition being subject to the vicissitudes of time and culture. The culturalist model attempts to understand how each civilization understands power by examining its …

Hamdan Confronts The Military Commissions Act Of 2006, George P. Fletcher

Faculty Scholarship

In 2006 the law of war experienced two major shock waves. The first was the decision of the Supreme Court in Hamdan, which represented the first major defeat of the President's plan, based on an executive order of November 2001, to use military tribunals against suspected international terrorists. The majority of the Court held the procedures used in the military tribunal against Hamdan violated common article three of the Geneva Conventions. A plurality offour, with the opinion written by Justice Stevens, based their decision as well on afar-reaching interpretation of the substantive law of war. They held that conspiracy …

Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In this article, I develop three theses. First, I claim that disagreements about the legality of counterterrorism measures commonly stem from disagreements about whether to characterize the measures as law enforcement efforts or as military actions. Observers who see the measures as methods of controlling crime assess their lawfulness differently from those who see them as a form of warfare against terrorists because criminal law enforcement rules differ substantially from the laws of war. With many specific examples, I show that disputes about legality based on disagreements over characterization have arisen in at least eight different subject areas, ranging from …

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …

The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris

ExpressO

In post-9/11 America, no goal ranks higher for law enforcement than preventing the next terrorist attack. This is as true for local police departments as it is for the FBI, and police in cities. At the same time, many advocates of tightening U.S. immigration enforcement have recast their efforts as national security and anti-terrorism campaigns. Thus, these advocates and their many allies in the current administration and in Congress have called for local police to become involved in enforcing immigration law. Officials in both the executive and legislative branches of the federal government have taken a number of actions designed …

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

University of Miami Law Review

No abstract provided.

Examining The Declining Utility Of Military Force, Ali Wyne

Human Rights & Human Welfare

A review of:

The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.

The Misuse Of Religion In The Global War On Terrorism, Jeffrey F. Addicott

Faculty Articles

A brief review of human history reveals that various individuals, groups and nations have used religious dogma as a pretext to engage in aggression against others. As such, it is no surprise that the Islamic radicalism that fuels the Global War on Terrorism employs what it calls the “true” Moslem religion in order to cloak a lust for domination through despicable expressions of unlawful violence, primarily targeting innocent civilians.

On the other hand, when it comes to confronting the forces of al-Qa’eda-styled aggression, it is not surprising that democracies like the United States also employ religious ideology and symbolism to …

Combatant Status Review Tribunals And The Unique Nature Of The War On Terror, Robert A. Peal

Vanderbilt Law Review

On September 11, 2001, terrorists attacked the United States, killing 2,973 innocent civilians. This was the largest loss of life on U.S. soil due to a hostile act in the nation's history. Al Qaeda, an international terrorist organization, claimed responsibility for the act. Al Qaeda had been systematically targeting U.S. civilians and service members for at least the previous nine years. In response to the attacks, the United States conducted a series of military and legal actions that were highly controversial and unprecedented. As part of these actions, the executive branch claimed the authority to detain indefinitely individuals it labeled …

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito

Law and Contemporary Problems

Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.

Canada/United States Military Interoperability And Humanitarian Law Issues: Land Mines, Terrorism, Military Objectives And Targeted Killing, Kenneth Watkin

Duke Journal of Comparative & International Law

No abstract provided.

Questioning Deference, Christina E. Wells

Faculty Publications

This article examines the accepted axiom that courts should defer to the government's actions during national security crises even when such actions potentially violate citizens' constitutional rights. The paper questions two assumptions underlying that axiom - first, that executive officials are best equipped to determine when security needs justify liberty infringements and, second, that judges are particularly unqualified to meddle in security issues, even when civil liberties are involved. Relying on psychological theories regarding the role that fear plays in skewing risk assessment and historical analyses of past crises, the paper argues that times of crisis lend themselves to unnecessary …

"National Security" Information And The Freedom Of Information Act, Christina E. Wells

Faculty Publications

Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.

The Smallpox Vaccination Campaign Of 2003: Why Did It Failand What Are The Lessons For Bioterrorism Preparedness?, Edward P. Richards, Katharine C. Rathbun, Jay Gold

Louisiana Law Review

No abstract provided.