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Full-Text Articles in Law
Russia, Ukraine, And The Future World Order, Ingrid (Wuerth) Brunk, Monica Hakimi
Russia, Ukraine, And The Future World Order, Ingrid (Wuerth) Brunk, Monica Hakimi
Faculty Scholarship
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most — if not the most — significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law, that however this war ends, it will reshape, in ways large and small, the world we …
Constitutional War Powers In World War I: Charles Evans Hughes And The Power To Wage War Successfully, Matthew C. Waxman
Constitutional War Powers In World War I: Charles Evans Hughes And The Power To Wage War Successfully, Matthew C. Waxman
Faculty Scholarship
On September 5, 1917, at the height of American participation in the Great War, Charles Evans Hughes famously argued that “the power to wage war is the power to wage war successfully.” This moment and those words were a collision between the onset of “total war,” Lochner-era jurisprudence, and cautious Progressive-era administrative development. This article tells the story of Hughes’s statement – including what he meant at the time and how he wrestled with some difficult questions that flowed from it. The article then concludes with some reasons why the story remains important today.
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Faculty Scholarship
The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …
The Power To Wage War Successfully, Matthew C. Waxman
The Power To Wage War Successfully, Matthew C. Waxman
Faculty Scholarship
A century ago and in the midst of American involvement in World War I, future Chief Justice Charles Evans Hughes delivered one of the most influential lectures on the Constitution in wartime. In it he uttered his famous axiom that “the power to wage war is the power to wage war successfully.” That statement continues to echo in modern jurisprudence, though the background and details of the lecture have not previously been explored in detail. Drawing on Hughes’s own research notes, this Article examines his 1917 formulation and shows how Hughes presciently applied it to the most pressing war powers …
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
Faculty Scholarship
This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).
The Moral Responsibility Of Volunteer Soldiers, Charles J. Dunlap Jr.
The Moral Responsibility Of Volunteer Soldiers, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.
The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.
Faculty Scholarship
The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.
Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.
Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.
Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.
How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.
How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.