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Articles 61 - 90 of 215
Full-Text Articles in Law
Cyber Utilities Infrastructure And Government Contracting, Corey P. Gray
Cyber Utilities Infrastructure And Government Contracting, Corey P. Gray
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary
Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock
The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock
University of Miami National Security & Armed Conflict Law Review
Guantánamo military commissions are under a spotlight, scrutinized by the judiciary and the public. Just the word “Guantánamo” can trigger impassioned reactions from both advocates and detractors. This article takes a measured view, examining a recent opinion from the U.S. Court of Appeals for the D.C. Circuit, Hamdan v. United States (“Hamdan II”), that speaks to the legitimacy of military commissions convened in Guantánamo to try the September 11th defendants and others. While several media commentators seized on the opinion as striking a blow to Guantánamo proceedings, in fact the opinion approves military commissions and offers a roadmap for prosecutors. …
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
University of Miami National Security & Armed Conflict Law Review
Technological advances are altering the contemporary asymmetric conflicts between non-‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-‐state armed groups and technology, whether through a potentially devastating attack or by the dramatic …
Terrorism, Ticking Time-‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku
Terrorism, Ticking Time-‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Application Of The Administrative Procedure Act To Private-‐Public Sector Partnerships In Homeland Security, Michael James Weiss
The Application Of The Administrative Procedure Act To Private-‐Public Sector Partnerships In Homeland Security, Michael James Weiss
University of Miami National Security & Armed Conflict Law Review
Increasingly, the U.S. federal government is turning to the use of private-public sector partnerships (“PPP”), especially in the area of homeland security. Although these partnerships have numerous benefits, there are several problems that arise in their practice, particularly when they are used in homeland security.
This note will outline and detail these problems, including deputization, excessive congressional oversight, and management and accountability. In addition, this note will present solutions to resolving the issue of centralization. In other words, this note will advocate for a single agency that implements, manages, and creates rules for all PPPs within the Department of Homeland …
Separate But Equal Accountability: The Case Of Omar Khadr, Grantland Lyons
Separate But Equal Accountability: The Case Of Omar Khadr, Grantland Lyons
University of Miami National Security & Armed Conflict Law Review
This Note addresses the question of whether to hold child combatants or their commanders accountable for war crimes, and if so, how and to what extent. The author ultimately concludes that child combatants and their commanders should be held equally accountable for their actions, but by measures that appropriately balance individual and public interests in rehabilitation, reintegration, and deterrence.
The Note focuses on Omar Khadr, a former child combatant, while using other cases as a reference point for current international legal norms. The author analyzes Khadr’s combatant status review, subsequent legal proceedings, detention, and sentence in light of various legal …
Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks
Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks
University of Miami National Security & Armed Conflict Law Review
The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-‐congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga¹s liability. But under the law of …
Biometric Id Cybersurveillance, Margaret Hum
Biometric Id Cybersurveillance, Margaret Hum
Indiana Law Journal
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
Parameters – Full Issue, Usawc Parameters
Parameters – Full Issue, Usawc Parameters
The US Army War College Quarterly: Parameters
Dilemmas for US Strategy: David S. Sorenson, Gregory Aftandilian, Richard W. Weitz, Dennis V. Hickey. US Landpower in Regional Focus: Kimberly Field, James Learmont, Jason Charland, W. Andrew Terrill, John R. Deni. Lessons From Limited Wars: Todd R. Greentree, David C. Brooks
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen E. Henderson
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen E. Henderson
Stephen E Henderson
Biometric Id Cybersurveillance, Margaret Hum
Biometric Id Cybersurveillance, Margaret Hum
Margaret Hu
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
Book Reviews, Usawc Parameters
Book Reviews, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
Pitfalls In Egypt, Gregory Aftandilian
Pitfalls In Egypt, Gregory Aftandilian
The US Army War College Quarterly: Parameters
No abstract provided.
Us Options In Syria, David S. Sorenson
Us Options In Syria, David S. Sorenson
The US Army War College Quarterly: Parameters
No abstract provided.
Transition In Afghanistan, Richard W. Weitz
Transition In Afghanistan, Richard W. Weitz
The US Army War College Quarterly: Parameters
No abstract provided.
Imbalance In The Taiwan Strait, Dennis V. Hickey
Imbalance In The Taiwan Strait, Dennis V. Hickey
The US Army War College Quarterly: Parameters
No abstract provided.
Cutting Losses: Ending Limited Interventions, David C. Brooks
Cutting Losses: Ending Limited Interventions, David C. Brooks
The US Army War College Quarterly: Parameters
No abstract provided.
Commentaries And Replies, Usawc Parameters
Commentaries And Replies, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
Regionally Aligned Forces: Business Not As Usual, Kimberly Field, James Learmont, Jason Charland
Regionally Aligned Forces: Business Not As Usual, Kimberly Field, James Learmont, Jason Charland
The US Army War College Quarterly: Parameters
No abstract provided.
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Cyberwar To Wikiwar: Battles For Cyberspace, Paul Rexton Kan
Cyberwar To Wikiwar: Battles For Cyberspace, Paul Rexton Kan
The US Army War College Quarterly: Parameters
No abstract provided.
Strategic Landpower And The Arabian Gulf, W. Andrew Terrill
Strategic Landpower And The Arabian Gulf, W. Andrew Terrill
The US Army War College Quarterly: Parameters
No abstract provided.
A War Examined: Afghanistan, Todd R. Greentree
A War Examined: Afghanistan, Todd R. Greentree
The US Army War College Quarterly: Parameters
No abstract provided.
Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher Baldwin, Robert Shaw
Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher Baldwin, Robert Shaw
Fletcher N. Baldwin
The article discusses the constitutionality of warrantless wiretapping surveillance by the National Security Agency (NSA) on U.S. citizens. The wiretapping program existed weeks after the September 11, 2001 attacks, on the justification that Congress authorized the president to wiretap U.S. citizens without a warrant, and that the president had inherent authority as commander-in-chief. But it is argued that Congress did not expressly authorize the president to conduct warrantless wiretapping and that he does not have such inherent authority.
We intend this Article to be a commentary on the constitutionality of the NSA wiretapping program solely as it relates to the …
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
Fletcher N. Baldwin
Many anti-terrorism measures are enacted with broad public support. There is often a general willingness on the part of the public to accept greater civil liberties deprivations in the face of a specific threat, or otherwise in times of general crisis, than would otherwise be the case. Sweeping anti-terrorism legislation is frequently crafted in reaction to the presence, or perceived presence, of immense, imminent danger. The medium and long-term consequences of the legislation may not fully be comprehended when political leaders and policymakers take swift action in the face strong public pressure in light of a recent terrorist attack or …
The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D.
The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D.
Michael I Niman Ph.D.
It reads like a political thriller. An NSA spook, Edward Snowden, meets his conscience, blows the whistle on a massive secret attack on the Fourth Amendment, and is pursued globally by an obsessed president. Spice things up with a bit of character development cross-pollinated with a history lesson. First there’s Darth President. His administration has earned the distinction of invoking the Espionage Act of 1917 (a constitutionally questionable World War One relic) more than all other presidents in the previous 96 years combined—by a factor of two. The Obama administration has charged eight people under the act. All previous administrations …
The Tragic Tale Of Guantanamo Detainee #684, Lauren Carasik
The Tragic Tale Of Guantanamo Detainee #684, Lauren Carasik
Media Presence
No abstract provided.
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.