Law Commons^™

Lessons Learned: William Nelson, Sandra Ward

Journal of Financial Crises

William Nelson was deputy director, Division of Monetary Affairs, at the Federal Reserve Board during the Global Financial Crisis of 2007–09 (GFC). As the nation’s central bank, chief financial regulator, and lender of last resort, the Federal Reserve Board took the lead in setting monetary policy and stabilizing the financial system during the crisis.

Nelson’s responsibilities at the Fed during the crisis included analysis of monetary policy and discount window policy as well as financial institution supervision, and he regularly briefed the board and the Federal Open Market Committee. He developed special expertise in designing liquidity facilities and was a …

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

All Faculty Scholarship

No abstract provided.

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

All Faculty Scholarship

New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …

Do Esg Funds Deliver On Their Promises?, Quinn Curtis, Jill E. Fisch, Adriana Z. Robertson

All Faculty Scholarship

Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social issues. In response to these concerns, shareholders are increasingly focusing on environmental, social, and corporate governance (ESG) criteria in selecting investments, and asset managers are responding by offering a growing number of ESG mutual funds. The flow of assets into ESG is one of the most dramatic trends in asset management.

But are these funds giving investors what they promise? This question has attracted the attention of regulators, with the Department of Labor and the Securities and Exchange Commission (SEC) …

The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski

The US Army War College Quarterly: Parameters

Colin S. Gray distinguished himself from other scholars in the field of strategic studies with his belief that grand strategy is indispensable, complex, and inherently agential. This article identifies key themes, continuities, conceptual relationships, and potential discontinuities from his decades of grand strategic thought. Gray’s statement that “all strategy is grand strategy” remains highly relevant today, emphasizing the importance of agential context in military environments—a point often neglected in strategic practice.

On “The Us Army And The Pacific: Challenges And Legacies”, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

This commentary responds to David M. Finkelstein’s article, “The US Army and the Pacific: Challenges and Legacies,” published in the Autumn 2020 issue of Parameters (vol. 50, no. 3).

Sino-Indian Border Disputes In An Era Of Strategic Expansions, Roman Muzalevsky

The US Army War College Quarterly: Parameters

The June 2020 clash between the People’s Republic of China and India in the disputed Ladakh border area resulted from the strategic expansions of both powers. Like two bubbles expanding in a contained space, these expansions were bound to collide and cause friction. This article explains how the expansions precipitated the incident and might exacerbate border disputes in the future. In pondering implications, it recommends Washington pursue a Eurasia-focused policy embracing the disputed region.

Defeat Mechanisms In Modern Warfare, Frank Hoffman

The US Army War College Quarterly: Parameters

This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.

Broken Nest: Deterring China From Invading Taiwan, Jared M. Mckinney, Peter Harris

The US Army War College Quarterly: Parameters

Deterring a Chinese invasion of Taiwan without recklessly threatening a great-power war is both possible and necessary through a tailored deterrence package that goes beyond either fighting over Taiwan or abandoning it. This article joins cutting-edge understandings of deterrence with empirical evidence of Chinese strategic thinking and culture to build such a strategy.

Sherman And His Historians: An End To The Outsized Destroyer Myth?, Mitchell G. Klingenberg

The US Army War College Quarterly: Parameters

For years, scholars have viewed the career of William Tecumseh Sherman in light of an antiquated destroyer myth and neglected his memoirs, which were written as a military textbook. This essay reviews Sherman’s legacy and literature, both of which contributed to the advancement of modern military thought. His experiences may serve as a prescriptive text to servicemembers, providing critical lessons on military warfare and philosophy still relevant today.

Review Essay, Robert L. Bateman

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco

The US Army War College Quarterly: Parameters

Assessing threats to the air littoral, the airspace between ground forces and high-end fighters and bombers, requires a paradigm change in American military thinking about verticality. This article explores the consequences of domain convergence, specifically for the Army and Air Force’s different concepts of control. It will assist US military and policy practitioners in conceptualizing the air littoral and in thinking more vertically about the air and land domains and the challenges of domain convergence.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Contributor's Guidelines And Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Commentary And Reply, Claude A. Lambert

The US Army War College Quarterly: Parameters

No abstract provided.

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Supreme Court And The Pro-Business Paradox, Elizabeth Pollman

All Faculty Scholarship

One of the most notable trends of the Roberts Court is expanding corporate rights and narrowing liability or access to justice against corporate defendants. This Comment examines recent Supreme Court cases to highlight this “pro-business” pattern as well as its contradictory relationship with counter trends in corporate law and governance. From Citizens United to Americans for Prosperity, the Roberts Court’s jurisprudence could ironically lead to a situation in which it has protected corporate political spending based on a view of the corporation as an “association of citizens,” but allows constitutional scrutiny to block actual participants from getting information about …

Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch

All Faculty Scholarship

When Roberta Karmel wrote the articles that are the subject of this symposium, she was skeptical of both the potential value of shareholder voting and the emerging involvement of institutional investors in corporate governance. In the ensuing years, both the increased role and engagement of institutional investors and the heightened importance of shareholder voting offer new reasons to take Professor Karmel’s concerns seriously. Institutional investors have taken on a broader range of issues ranging from diversity and political spending to climate change and human capital management, and their ability to influence corporate policy on these issues has become more significant. …

Addressing Food Insecurity In The United States During And After The Covid-19 Pandemic: The Role Of The Federal Nutrition Safety Net, Sheila Fleischhacker, Sara N. Bleich

Journal of Food Law & Policy

Food insecurity has been a direct and almost immediate consequence of the coronavirus disease 2019 (COVID-19) pandemic and its associated ramifications on unemployment, poverty and food supply disruptions. As a social determinant of health, food insecurity is associated with poor health outcomes including diet related chronic diseases, which are associated with worst COVID-19 outcomes (e.g., COVID-19 patients of all ages with obesity face higher risk of complications, death). In the United States (US), the federal nutrition safety net is predominantly made up of the suite of 15 federal nutrition assistance programs that the US Department of Agriculture (USDA) administers and …

Understanding Modern History Of International Food Law Is Key To Building A More Resilient And Improved Global Food System, Michael T. Roberts

Journal of Food Law & Policy

This article advocates the need for a history of the development of modern international food law and suggests an analytical approach to complement the chronicling of events. Comprehension of this history will help elucidate the evolution of a complicated modern global food system, including its resiliency and vulnerability as demonstrated by Covid-19, thereby providing valuable context for change in the system where needed. This essay makes the case for such a history in three parts. First, it briefly demonstrates the need for a historical perspective through a critical examination of a journal article that speaks to Covid-19 food security in …

Vertical Control, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust litigation often requires courts to consider challenges to vertical “control.” How does a firm injure competition by limiting the behavior of vertically related firms? Competitive injury includes harm to consumers, labor, or other suppliers from reduced output and higher margins.

Historically antitrust considers this issue by attempting to identify a market that is vertically related to the defendant, and then consider what portion of it is “foreclosed” by the vertical practice. There are better mechanisms for identifying competitive harm, including a more individualized look at how the practice injures the best placed firms or bears directly on a firm’s …

Reversing The Readiness Assumption: A Proposal For Fiscal And Military Effectiveness, Jason W. Warren, John A. Bonin

The US Army War College Quarterly: Parameters

Looming budget cuts will necessitate adept management to retain a military capable of competing and winning by avoiding the mistakes made in prior drawdowns. This article presents a framework for government and defense leaders to prepare for the coming drawdown and plan for the necessary capacity of tomorrow across the diplomatic, information, military, and economic framework.

Samuel Huntington, Professionalism, And Self-Policing In The Us Army Officer Corps, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

Drawing on Samuel P. Huntington’s three phases of self-regulation used to determine if an occupation qualifies as a profession, this article focuses on the third phase of policing and removing those who fail to uphold the standards set forth in the first two phases. It reviews how the US Army implemented this phase following the Civil War through the post–Vietnam War years and the implications for the officer corps.

Great (Soft) Power Competition: Us And Chinese Efforts In Global Health Engagement, Michael W. Wissemann

The US Army War College Quarterly: Parameters

Global health engagement, an underutilized strategy rooted in the strengths of soft power persuasion, can lead to more military-to-military cooperation training, help establish relationships that can be relied on when crises develop, stabilize fragile states, and deny violent extremist organizations space for recruiting and operations. Examining Chinese efforts worldwide to curry favor and influence and the challenges posed by the COVID-19 pandemic, this article shows health as a medium is a very compelling and advantageous whole-of-government approach to national security policy concerns.

The Evolution Of Hybrid Warfare: Implications For Strategy And The Military Profession, Ilmari Käihkö

The US Army War College Quarterly: Parameters

The concept of hybrid war has evolved from operational-level use of military means and methods in war toward strategic-level use of nonmilitary means in a gray zone below the threshold of war. This article considers this evolution and its implications for strategy and the military profession by contrasting past and current use of the hybrid war concept and raising critical questions for policy and military practitioners.

Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley

The US Army War College Quarterly: Parameters

Drawing on personal experience, the author asks what the current administration can learn from the Clinton administration’s implementation of Presidential Decision Directive 56, examines the real-world application of the directive during the Clinton administration and the pitfalls of its agency-centric successor during the Bush administration, and identifies recurring problems and best practices for successfully responding to current global crises.

Assessing Risk At The National Strategic Level: Visualization Tools For Military Planners, Wade A. Germann, Heather S. Gregg

The US Army War College Quarterly: Parameters

The reemergence of great power competition, conflict with near-peer competitor states below the level of armed conflict, and persisting threats from nonstate actors with transnational ambitions and global reach pose challenges for strategists planning, executing, and assessing military operations and strategy. Building on current visualization tools, two proposed models—the National Strategic Risk Abacus and the National Strategic Risk Radar Chart—address these challenges and better depict how the US military may inadvertently contribute to risk at the national strategic level.

Hope Versus Reality: The Efficacy Of Using Us Military Aid To Improve Human Rights In Egypt, Gregory L. Aftandilian

The US Army War College Quarterly: Parameters

Using US military aid as a lever to achieve human rights reforms has proven only marginally effective. This article examines the approaches employed by the Obama and Trump administrations to US military aid to Egypt and proposes practical steps that can be taken by policymakers and the military personnel on the ground to advance US human rights values.

The Battalion Commander Effect, Everett Spain, Gautam Mukunda, Archie Bates

The US Army War College Quarterly: Parameters

Statistical evidence suggests Army battalion commanders are significant determinants of the retention of their lieutenants—especially high-potential lieutenants. Further, this so-called Battalion Commander Effect should be included in brigadier general promotion board assessments and used to inform officer professional military education curricula.