Ethics and Political Philosophy Commons^™

A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform, Eva Augst

CMC Senior Theses

Traditional approaches to philosophical theories of tort law have systematically undermined the individual worth and security interests of women. However, torts also provide a particularly powerful avenue for reform, in that they embody the public power of private law and offer individuals the opportunity to seek recourse and accountability for wrongs. In this paper, I offer a framework for such reformist approaches to tort philosophy, predominantly inspired by Jean Hampton’s “Feminist Contractarianism,” which requires that women be recognized as individuals with intrinsic worth who are deserving of respect. To accomplish this, I first note the particular relevance of social contract …

A Picture Worth A Thousand Words: Factors Influencing Disability Accommodations, Alicia E. Martin

Cal Poly Humboldt theses and projects

Because not all disabilities look the same it is difficult to label a person with disabilities just by looking at them. Given that our knowledge, attitudes, and perceptions impact how we interpret our world and our willingness to act, people, including professors, may be biased toward providing accommodations for those with easily recognizable disabilities and biased against those with non-recognizable disabilities, and this may impact the disabled person’s ability to learn. This thesis aims to address whether professors’ disability-related attitudes, perceptions of accommodation reasonableness, and willingness to provide accommodations differ when the disability is recognizable (student is pictured in a …

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …

Constitutional Technocracy: The Theoretical Foundations, Abigail R. Moncrieff

Law Faculty Research Projects

This dissertation argues that John Stuart and Harriet Taylor Mill were the first constitutional technocrats.

“Constitutional technocracy” is obviously not a new idea given that I found it in the Mills’ 163-year-old work. But “constitutional technocracy” is a new name for an unusual set of ideas: a set of ideas that many prior scholars have labeled “muddleheaded” when reading the Mills’ oeuvre.

The source of the “muddleheaded” critique is the apparent tension between technocracy and liberalism. Historically, “technocracy” is a system of anti-liberal political institutions: the complete consolidation of power in scientific experts who can discover and implement objectively correct …

On “The Grand Strategic Thought Of Colin S. Gray” And Author's Response, Phillip Dolitsky, Lukas Milevski

The US Army War College Quarterly: Parameters

This commentary responds to Lukas Milevski’s article, “The Grand Strategic Thought of Colin S. Gray,” published in the Winter 2021–22 issue of Parameters (vol. 51, no. 4).

Tomorrow’S Wars And The Media, Alexander G. Lovelace

The US Army War College Quarterly: Parameters

Distilling lessons from the author’s book, The Media Offensive: How the Press and Public Opinion Shaped Allied Strategy during World War II, this article provides applicable suggestions for the US military today. As in World War II, the press is both a weapon and a possible vulnerability in modern warfare. Consequently, this article offers practical suggestions for how the press can be used by public affairs officers, commanders, and policymakers to achieve victory in coming conflicts.

Contributor's Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Srad Director's Corner: Russia’S Strategy And Its War On Ukraine, George Shatzer

The US Army War College Quarterly: Parameters

In this contribution, Colonel George Shatzer, director of the Strategy Research and Analysis Department of the Strategic Studies Institute at the US Army War College, discusses books of relevance to US Joint planners and strategists, as well as those of allies and strategic partners. He applies his experience and education as a US Army senior strategist to extract insights useful to anyone contemplating how to confront the challenges of today’s strategic environment.

Economic Statecraft And Us-Russian Policy, Ryan J. Orsini

The US Army War College Quarterly: Parameters

This article assesses the American-Russian economic relationship, identifying how Russia exploits strategic asymmetries to gain advantage in the space below armed conflict and how the United States can modernize its economic statecraft. It draws upon a wide range of comparative research, from US-Russian military thought to the American-Eurasian economic interrelationship, to evaluate the full range of economic statecraft within a single dyad of countries in the context of coercion theory. This analysis will assist American policymakers in reforming priorities and processes according to principles of economic statecraft to sustain ongoing American coercion and set conditions for advantage upon the return …

Infoswarms: Drone Swarms And Information Warfare, Zachary Kallenborn

The US Army War College Quarterly: Parameters

Drone swarms, which can be used at sea, on land, in the air, and even in space, are fundamentally information-dependent weapons. No study to date has examined drone swarms in the context of information warfare writ large. This article explores the dependence of these swarms on information and the resultant connections with areas of information warfare—electronic, cyber, space, and psychological—drawing on open-source research and qualitative reasoning. Overall, the article offers insights into how this important emerging technology fits into the broader defense ecosystem and outlines practical approaches to strengthening related information warfare capabilities.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Defining And Deterring Faits Accomplis, Brandon Colas

The US Army War College Quarterly: Parameters

This article describes faits accomplis—how states attempt to seize disputed territory using military force, hoping to avoid war in the process—and offers suggestions for how to deter them. Since 1945, faits accomplis have become the most common means by which states attempt to take over territory, even though they frequently result in armed conflict. US deterrent efforts, however, often focus on stopping invasions, not limited land grabs. This study combines the traditional literature on deterrence with Dan Altman’s recent research on faits accomplis to suggest Department of Defense leaders should frame territorial disputes as a real estate market they can …

Character Traits Strategic Leaders Need, Tami Davis Biddle

The US Army War College Quarterly: Parameters

Strategic leaders must possess a range of skills to work successfully in complex environments. To use those skills to best effect, they rely on character traits that enhance the likelihood of their effectiveness as leaders and maximize their success when working in teams. Certain elements of character facilitate work in demanding settings that rely heavily on communication, integration, and cooperation. Programs designed to educate senior leaders must help future national security professionals identify these traits and then practice and hone them. Highlighting individuals with challenging roles in World War II, this essay analyzes the qualities of character that enabled them …

Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik

The US Army War College Quarterly: Parameters

This article argues shortfalls in the international institutions governing the Arctic have allowed Russia and China to expand control over the region. It provides an overview of regional governance and power dynamics, outlines a three-part approach to correcting deficiencies, highlights attempts by Russia and China to circumvent international governance, examines how the Arctic’s governing institutions address Russian and Chinese growth in the region, and focuses on the institutional failures that have allowed Russia and China to expand—failures academic scholarship and US policy have not adequately addressed. Practitioners will find specific steps for rectifying issues with Arctic institutions to support the …

Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This special commentary examines critical issues for the field of strategic studies raised by Russia’s invasion of Ukraine, including the waning of major war, strategic coercion, and “War Amongst the People.” Drawing on previous scholarship and current events, this commentary considers the questions raised by the first major war of the twenty-first century. It provides recommendations for scholars and senior leaders on how to work together to address the questions of strategy and policy that have and continue to arise as the war progresses.

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …

The Dream Of The Common Good: Not A Nightmare, Jackson Gregory Dellinger

Honors Theses

This paper examines an emerging position in the philosophy of law, common-good constitutionalism. In the first two parts of the paper, I explain the position and constitutionalism more generally, examining how common-good constitutionalism fits within the definition of constitutionalism providing by a neutral scholar. In the next five parts, I attempt to show that common-good constitutionalism’s preference for explicit adherence to the common good does not violate constitutionalism. In doing so, I provide an examination of common-good constitutionalism’s relationship with three important constitutional principles and the separability of common-good constitutionalism as a whole and the infamous views of its most …

Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves

All Dissertations

Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …

Against The Death Penalty, Charles Jessup

Departmental Honors & Graduate Capstone Projects

My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …

On The Elimination Of Cash Bail, Lucas Baudry

Honors Capstone Projects and Theses

No abstract provided.

Srad Director's Corner: The People’S Republic Of China’S Challenge To Us Security, George Shatzer

The US Army War College Quarterly: Parameters

This “SRAD Director’s Corner” is the inaugural contribution by Colonel George Shatzer, director of the Strategy Research and Analysis Division of the Strategic Studies Institute at the US Army War College. In each contribution, Shatzer will discuss books of relevance to US Joint planners and strategists, as well as those of our allies and strategic partners. He will apply his experience and education as a US Army senior strategist to extract insights useful to anyone contemplating how to confront the challenges of today’s strategic environment.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Developing Strategic Lieutenants In The Canadian Army, James R. Mckay, H. Christian Breede, Ali Dizboni, Pierre Jolicoeur

The US Army War College Quarterly: Parameters

This Canadian contribution to Parameters’ Strategic Lieutenant series shows how domestic context creates the conditions for professional military education reform to a greater extent than the global strategic context. The article assesses the junior officer education delivered by Canada’s military colleges and analyzes interviews with key stakeholders responsible for the formulation and implementation of reform at the military colleges.

On "The Battalion Commander Effect" And Authors' Response, Ralph Masi

The US Army War College Quarterly: Parameters

This commentary responds to Everett Spain, Gautam Mukunda, and Archie Bates’s article, “The Battalion Commander Effect,” published in the Autumn 2021 issue of Parameters (vol. 51, no. 3).

On "Broken Nest: Deterring China From Invading Taiwan" And Authors' Response, Eric Chan

The US Army War College Quarterly: Parameters

No abstract provided.

Chinese And Western Ways Of War And Their Ethics, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

US officials often portray the Chinese government as having few, if any, ethical boundaries in its pursuit of power. This article argues China, like Western countries, has a rich tradition of constraining this pursuit that can impact the nation’s policies. With a focus on the relationship between ways of war and ethics of war, it relies on traditional and contemporary scholarship from both the East and the West to highlight differences in how each military views the practical and ethical aspects of war and how these views can interact. Understanding the ethical logic available to one’s adversaries will allow US …

Water Wars Of The Future: Myth Or Reality?, Gerald J. Krieger

The US Army War College Quarterly: Parameters

This article provides background and context for regional trends and historic agreements focused on the Nile River Basin, offers a comprehensive assessment of security challenges, and presents focus areas for future investment and cooperation. The policy recommendations will serve American interests better and improve agricultural practices in the region. Without a marked alteration of existing aid from Western countries, the water scarcity situation will continue without significantly producing the required infrastructure improvements.

Information Warfare: Lessons In Inoculation To Disinformation, Meghan Fitzpatrick, Ritu Gill, Jennifer F. Giles

The US Army War College Quarterly: Parameters

While propaganda and disinformation have been used to destabilize opposing forces throughout history, the US military remains unprepared for the way these methods have been adapted to the Internet era. This article explores the modern history of disinformation campaigns and the current state of US military readiness in the face of campaigns from near-peer competitors and proposes education as the best way to prepare US servicemembers to defend against such campaigns.

China’S Global Monopoly On Rare-Earth Elements, Gustavo Ferreira, Jamie Critelli

The US Army War College Quarterly: Parameters

This article delivers a novel economic analysis of US dependence on China for rare-earth elements and sheds light on how Western nations may exploit the limitations of limit pricing to break China’s global monopoly in rare-earth element production and refinement. This analytical framework, supported by a comprehensive literature review, the application of microeconomic and industrial organization concepts, and two case-study scenarios, provides several policy recommendations to address the most important foreign policy challenge the United States has faced since the end of the Cold War.

A Failure To Innovate: The Second Nagorno-Karabakh War, Zhirayr Amirkhanyan

The US Army War College Quarterly: Parameters

The root cause for the defeat of the Armenian forces in the second Nagorno-Karabakh War was flawed military doctrine inherited from the Soviet Union. This article analyzes the major problems faced by Armenia, uncovers the main reasons for unsuccessful innovation, tests empirical findings against some of the most authoritative theories of the field, and outlines current research on the largest state-onstate warfighting of recent years, while substantiating the analysis with established scholarship in the field of military innovation.