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Full-Text Articles in Law

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei Jan 2023

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …


Jurisprudence And Animal Protection, Carlos Montemayor Jan 2023

Jurisprudence And Animal Protection, Carlos Montemayor

Animal Sentience

Jurisprudence is based on normative principles that go beyond instrumental reasoning and practical goals concerning what is convenient. It concerns justice and truth. The empirical evidence justifies the legal protection of various species on legal grounds. Given the risks we face regarding climate degradation, international legal agencies must expand the framework of human rights and environmental law in order to effectively protect animals and their environments.


Economic Statecraft And Us-Russian Policy, Ryan J. Orsini May 2022

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 …


Tomorrow’S Wars And The Media, Alexander G. Lovelace May 2022

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.


Character Traits Strategic Leaders Need, Tami Davis Biddle May 2022

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 …


Srad Director's Corner: Russia’S Strategy And Its War On Ukraine, George Shatzer May 2022

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.


Infoswarms: Drone Swarms And Information Warfare, Zachary Kallenborn May 2022

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.


Strengthen Arctic Governance To Stop Russian And Chinese Overreach, Mark T. Vicik May 2022

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 …


Defining And Deterring Faits Accomplis, Brandon Colas May 2022

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 …


On “The Grand Strategic Thought Of Colin S. Gray” And Author's Response, Phillip Dolitsky, Lukas Milevski May 2022

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).


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

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.


Book Reviews, Usawc Press May 2022

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Contributor's Guidelines, Usawc Press May 2022

Contributor's Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Information Warfare: Lessons In Inoculation To Disinformation, Meghan Fitzpatrick, Ritu Gill, Jennifer F. Giles Mar 2022

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 Mar 2022

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.


Chinese And Western Ways Of War And Their Ethics, C. Anthony Pfaff Mar 2022

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 …


Book Reviews, Usawc Press Mar 2022

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


On “The Alt-Right Movement And Us National Security” And Authors' Response, Charles J. Dunlap Mar 2022

On “The Alt-Right Movement And Us National Security” And Authors' Response, Charles J. Dunlap

The US Army War College Quarterly: Parameters

This commentary responds to Matthew Valasik and Shannon E. Reid’s article “The Alt-Right Movement and US National Security” published in the Autumn 2021 issue of Parameters (vol. 51, no. 3).


On "The Battalion Commander Effect" And Authors' Response, Ralph Masi Mar 2022

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 Mar 2022

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

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 Mar 2022

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.


In The Spotlight: Dealing With The Russians, Andrew Monaghan Mar 2022

In The Spotlight: Dealing With The Russians, Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.


Interrupting Bias In Army Talent Management, Danielle Holt, Susan Davis Mar 2022

Interrupting Bias In Army Talent Management, Danielle Holt, Susan Davis

The US Army War College Quarterly: Parameters

To meet future threats, US Army talent management modernization must include the development of a more innovative and inclusive culture. Unconscious bias within assignment and evaluation processes is a potential threat and an opportunity for enhanced meritocracy. Assessments should move toward the identification of desired knowledge, skills, and behaviors and the evaluation of potential using relational analytics, and talent management must foster the selection of leaders who demonstrate competencies of confident humility and mental agility to generate organizational psychological safety. Only by leveraging the complete scope of diversity through an inclusive culture will the Army prevail in the cognitive dimension.


Rethinking Female Urinary Devices For The Us Army, Andrea M. Peters, Michael A. Washington, Lolita Burrell, James Ness Mar 2022

Rethinking Female Urinary Devices For The Us Army, Andrea M. Peters, Michael A. Washington, Lolita Burrell, James Ness

The US Army War College Quarterly: Parameters

As women assume more combat roles in the US military and continue to operate in austere environments with varied mission sets, the Department of Defense must rethink its approach to equipment and uniform development to accommodate female anatomical differences. This article analyzes the results of a study conducted during the Sandhurst Military Skills Competition at the United States Military Academy to determine the effectiveness of commercial off-the-shelf products the Army has adopted to aid female urination—products used by competition participants that may not be the best or healthiest options for women.


Srad Director's Corner: The People’S Republic Of China’S Challenge To Us Security, George Shatzer Mar 2022

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.


Water Wars Of The Future: Myth Or Reality?, Gerald J. Krieger Mar 2022

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.


A Failure To Innovate: The Second Nagorno-Karabakh War, Zhirayr Amirkhanyan Mar 2022

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.


Animal Sentience Science And Policy, Andrew Crump Jan 2022

Animal Sentience Science And Policy, Andrew Crump

Animal Sentience

Animal sentience research cannot be divorced from its ethical and political implications. For example, discovering which animals are sentient is vital for deciding which require welfare protection. Two legal case-studies illustrate the importance of scientists in such debates: the UK Animal Welfare (Sentience) Act 2022 had input from animal sentience researchers, whereas the US Animal Welfare Act 1966 did not. The former defined sentient animals much more plausibly than the latter. I accordingly argue that sentience researchers should inform policy, and that this is achievable without sacrificing scientific integrity.


Legal Recognition Of Animal Sentience: The Case For Cautious Optimism, Jane Kotzmann Jan 2022

Legal Recognition Of Animal Sentience: The Case For Cautious Optimism, Jane Kotzmann

Animal Sentience

Rowan et al.’s target article provides a valuable indication of the work that was required to reach the point where animals are recognised as sentient in various laws. To ensure this work was not in vain, the language of sentience needs to be used as a moral currency to demand further cultural change involving greater human respect for animals.


The Question Is Not “Can Humans Talk?” Or “Can They Suffer?” But “Can They Reason?”, Clive Phillips Jan 2022

The Question Is Not “Can Humans Talk?” Or “Can They Suffer?” But “Can They Reason?”, Clive Phillips

Animal Sentience

In their target article, Rowan et al (2022) make a welcome attempt to chart the development of Western progress over the past two hundred years toward formally recognizing that animals feel. They outline the heroic efforts of Compassion in World Farming to gain for animals the status of sentient beings rather than merely human property. A broader view exists, from human prehistory to the present day, in which animals have been (and still are) understood to be sentient by indigenous peoples as well as by some Eastern religions. Growing recognition in the West that animals feel represents a new age …