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International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler

Duke Journal of Comparative & International Law

No abstract provided.

Location Optimization Of Continental United States Strip Alert Sites Supporting Homeland Defense, Jon A. Eberlan

Theses and Dissertations

With the dissolution of the Warsaw Pact and the fall of the Soviet Union, the number of alert aircraft dwindled to 14 aircraft located at 7 sites on September 11, 2001. After the terrorist attacks on the World Trade Center Towers and the Pentagon, the United States could not continue to endorse an outward looking air defense strategy. Terrorism completely changed the landscape of the air defense mission. This research develops a location optimization model to optimally locate alert sites post-11 September to cover areas of interest in the CONUS. The model finds the minimum number of alert sites, minimum …

Security In The Americas: Neither Evolution Nor Devolution--Impasse, Max G. Manwaring Dr.

Books, Monographs & Collaborative Studies

The author identifies the strategic-political challenge of effective sovereignty and security, with a focus on nontraditional threats. He recommends that leaders rethink the problem of nontraditional threats and develop the conceptual and strategic-political multilateral responses necessary to deal effectively with them. Piecemeal tactical-operational level responses to nontraditional threats and actors must be supplemented by broader political-strategic efforts. Additionally, cooperative national and international efforts designed to inhibit and reverse the processes of state failure must supplement military and law-enforcement emphasis on the attrition of individual "narco-terrorists." The author's recommendations constitute no easy task. However, if the United States and the other …

The Alien Tort Statute: An Emerging Threat To National Security, Mark E. Rosen Jagc

St. Thomas Law Review

The American judicial system has been remarkably well insulated from the pressures of international law. Consequently, when federal judges try to apply international principles in domestic cases there are mistakes and collateral damage. This is a story of how some federal courts have taken the relatively obscure Alien Tort Statute ("ATS"), a two hundred year old law, and applied it in such a bizarre fashion that it threatens the overseas activities of most U.S. companies. It also threatens U.S. security operations, since the Department of Defense ("DOD") relies heavily on contractors for essential combat support services in foreign theaters of …

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells

Faculty Publications

This article identifies several tools of information control that occur consistently throughout history. The government does not use all of these tools in every national security crisis. Nor does it always abuse them. However, the patterns that emerge suggest a certain predictability to (1) the government's actions during national security crises, and (2) the potentially negative consequences flowing from them that warrants our attention. Understanding this historical pattern of government action allows one to identify and potentially prevent future problems. This is especially important in the post-9/11 world in which the government has asked for and received controversial powers with …

Law And Bioterrorism By Victoria Sutton (Book Review), Jeffrey F. Addicott

Faculty Articles

The best primer for constructing a legal framework surrounding bioterrorism is a wonderfully researched and incisive book by Professor Victoria Sutton. Sutton brings a vast background of experience and expertise to her book, titled Law and Bioterrorism, which is in fact the first legal textbook in the field of law and bioterrorism.

The book begins with a brief examination of the history of law and bioterrorism, from ancient biological warfare to modern times. Drawing upon the lessons of this history, Sutton discusses historical events such as the use of anthrax in World War I, and further examines the rapidly growing …

"Doublethink"Ing Privacy Under The Multi-State Antiterrorism Information Exchange, Thomas V. Burch

Scholarly Works

This Article examines the development of the Matrix program and analyzes its effect on what Justices Warren and Brandeis termed the individual's "right to be let alone." To understand the Matrix's effect on individual privacy, one must scrutinize the program in the context of United States history.From the Alien and Sedition Acts to the Red Squads of the 1960s and 1970.

Part II of this Article examines how civil liberties often suffer unnecessarily in times of national crisis. Part III then discusses how this truism applies in the current "war on terror" and details the development and operation of the …

The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak

University of Miami Law Review

No abstract provided.

Maintaining Effective Deterrence, Colin S. Gray Dr.

Books, Monographs & Collaborative Studies

While deterrence is as old as human conflict itself, it became particularly important with the advent of nuclear weapons when armed conflict between the superpowers had the potential to end civilization. Today there is a sense that terrorism has rendered deterrence obsolete and forced the United States to substitute preemption for it. The author illustrates that strategic reality is not simple. Instead, the two are inextricable. He provides both a conceptual framework for understanding deterrence or, more accurately, the psychology of deterrence and policy guidance on how the United States can most effectively use it. The author concludes that an …

Using National Security To Undermine Corporate Accountability Litigation: The Exxonmobil V. Doe Controversy, Melody Saint-Saens, Amy J. Bann

University of Miami International and Comparative Law Review

No abstract provided.

National Security At What Price: A Look Into Civil Liberty Concerns In The Information Age Under The Usa Patriot Act Of 2001 And A Proposed Constitutional Test For Future Legislation, Jacob R. Lilly

Cornell Journal of Law and Public Policy

No abstract provided.

Modeling Homeland Security: A Value Focused Thinking Approach, Kristopher A. Pruitt

Theses and Dissertations

The events of September 11, 2001 have propelled the topic of homeland security to the forefront of national concern. The threat of terrorism within the United States has reached an unprecedented level. The pervasive vulnerabilities of the nation's critical infrastructure coupled with the destructive capabilities and deadly intentions of modern terrorists pose extraordinary risks. The United States must mitigate these risks while at the same time balancing the associated costs and impact on civil liberties. Currently, the United States lacks effective methods and measure for assessing the security of the homeland from acts of terrorism. This study outlines a first …

Waging Ancient War: Limits On Preemptive Force, D. Robert Worley Dr.

Books, Monographs & Collaborative Studies

The author addresses the ways that the age of terrorism is affecting American grand strategy. He contends that terrorism has made many of the basic concepts of international relations and national security obsolete. Declaring war on a tactic—terrorism—erodes the clarity necessary for coherent strategy. Dr. Worley then develops what he calls a "guerra strategy" more appropriate for dealing with terrorism and other nonstate threats.

Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott

Faculty Articles

Because of the dangers presented by al-Qaeda style terrorism, the United States has crafted a variety of robust anti-terrorism responses. One of the more controversial of these is the indefinite detention of suspected enemy combatants, and the associated question as to whether the United States can and does employ torture.

Many prominent voices, such as Professor Alan Dershowitz, have advocated a judicial exception allowing torture as an interrogation tool in special instances, but the United States has struggled to find an appropriate balance between civil liberties and security concerns. To succeed in the War on Terror, the U.S. cannot allow …

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

"W" For War And Wedge? Environmental Enforcement And The Sacrifice Of American Security—National And Environmental—To Complete The Emergence Of A New "Beltway" Governing Elite, Dan Meyer, Everett E. Volk

Western New England Law Review

No abstract provided.

Dissuasion As A Strategic Concept, Richard L. Kugler

Strategic Forums

Dissuasion as a Strategic Concept examines how U.S. defense and foreign policy can go beyond traditional deterrence to prevent adversaries from choosing conflict or escalation in the first place. The paper defines dissuasion as the strategic practice of discouraging adversaries from contemplating harmful behavior by shaping their expectations and perceived costs of action. The author explores how dissuasion complements deterrence and assurance strategies, particularly in complex regional contexts such as the Korean Peninsula, where multiple actors’ perceptions and incentives interact. Drawing on historical cases and theory, the paper offers insights into designing policies that reduce the likelihood of miscalculation and …

The State Of The National Security State, David Jablonsky

The US Army War College Quarterly: Parameters

No abstract provided.

Information Operations, Information Warfare, And Computer Network Attack: Their Relationship To National Security In The Information Age, Daniel T. Kuehl

International Law Studies

No abstract provided.

State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

Terrorism is an evil that the United States and other civilized countries should combat aggressively. Fortunately, these countries have many tools they can use in their fight against terrorism, among them military force (as we have just demonstrated in Afghanistan), covert actions, and a variety of economic sanctions against a country or group that supports terrorists. These sanctions - which would preferably be applied in union with other countries, though unilaterally if necessary - can include freezing assets, as well as ending or limiting U.S. government programs (ranging from landing rights to foreign aid), cutting off exports to or imports …

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Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts

Faculty Articles

Fostering democracies and encouraging military establishments, which are subject to the rule of law, is vital to United States national security interests. In this regard, the American warfighting unified commands mirror the overall U.S. national security policy of peacetime engagement, not only by maintaining close contacts with friendly governments for the purpose of imparting democratic ideals and principles, but by focusing this commitment to support new democracies through detailed engagement plans.

U.S. Southern Command’s engagement plan for Latin America creates a “community of democratic, stable, and prosperous” nations. This plan also provides a blueprint for democracy-building in the context of …

The Progressive Era Origins Of The National Security Act, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Critical National Infrastructure, Philip C. Bobbitt

Faculty Scholarship

It's great to be home. I look out in this group. It may be the Philosophical Society, but it really looks to me like coming home. I see the Weinbergs, the Rostows. I went to law school because of Chris Dougherty. I have a "family" out here that I very seldom get to see, so it's a real rreac for me to be here.

For about a year and a half now, I've lived in Washington. If you visit Washington, a place you must go is the Library of Congress. And if you go to the Library of Congress, you …

An Introduction To The Impact Of Information Technology On National Security, Porter Goss

Duke Journal of Comparative & International Law

No abstract provided.

Some Observations Along The Road To “National Information Power”, William Gravell

Duke Journal of Comparative & International Law

No abstract provided.

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.