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Articles 1081 - 1110 of 1646

Full-Text Articles in Military, War, and Peace

Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero Dec 2013

Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

My views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today.


The True Tragedy Of American Power, Isaiah Wilson Iii Dec 2013

The True Tragedy Of American Power, Isaiah Wilson Iii

The US Army War College Quarterly: Parameters

No abstract provided.


Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode Dec 2013

Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2013

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


A War Examined: Operation Iraqi Freedom, 2003, Usawc Press Dec 2013

A War Examined: Operation Iraqi Freedom, 2003, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers Dec 2013

Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers

The US Army War College Quarterly: Parameters

No abstract provided.


Artile Index, Vol. 43, 2013, Usawc Press Dec 2013

Artile Index, Vol. 43, 2013, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Commentaries And Replies, Usawc Press Dec 2013

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous Dec 2013

Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous

The US Army War College Quarterly: Parameters

No abstract provided.


Defeating Violent Nonstate Actors, Robert J. Bunker Dec 2013

Defeating Violent Nonstate Actors, Robert J. Bunker

The US Army War College Quarterly: Parameters

No abstract provided.


Economic Statecraft: China In Africa, Douglas W. Winton Dec 2013

Economic Statecraft: China In Africa, Douglas W. Winton

The US Army War College Quarterly: Parameters

No abstract provided.


The Coming Financial Wars, Juan C. Zarate Dec 2013

The Coming Financial Wars, Juan C. Zarate

The US Army War College Quarterly: Parameters

No abstract provided.


Waging Financial War, David J. Katz Dec 2013

Waging Financial War, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.


Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark Dec 2013

Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor, Antulio J. Echevarria Ii Dec 2013

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Rebalancing Us Military Power, Anna Simons Dec 2013

Rebalancing Us Military Power, Anna Simons

The US Army War College Quarterly: Parameters

No abstract provided.


What The Qdr Ought To Say About Landpower, Francis G. Hoffman Dec 2013

What The Qdr Ought To Say About Landpower, Francis G. Hoffman

The US Army War College Quarterly: Parameters

No abstract provided.


The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter Nov 2013

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …


Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney Nov 2013

Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney

Michigan Law Review

By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …


Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero Oct 2013

Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

From my perspective, the challenge for members of this Committee is to identify whether there are actual problems with either the law or process, and then craft remedies that address those specific issues. I am here to urge caution in implementing “quick fixes” that may sound appealing based on public or media-driven pressure, but that could have lasting consequences at a practical level that could negatively impact Intelligence Community operations and the nation’s security for years to come.


Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue Oct 2013

Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue

Testimony Before Congress

Congress introduced the 1978 Foreign Intelligence Surveillance Act (FISA) to make use of new technologies and to enable the intelligence community to obtain information vital to U.S. national security, while preventing the National Security Agency (NSA) and other federal intelligence-gathering entities from engaging in broad domestic surveillance. The legislature sought to prevent a recurrence of the abuses of the 1960s and 1970s that accompanied the Cold War and the rapid expansion in communications technologies.

Congress purposefully circumscribed the NSA’s authorities by limiting them to foreign intelligence gathering. It required that the target be a foreign power or an agent thereof, …


Masthead Oct 2013

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Front Matter And Table Of Contents Oct 2013

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Cyber Utilities Infrastructure And Government Contracting, Corey P. Gray Oct 2013

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 Oct 2013

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 Oct 2013

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 Oct 2013

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 Oct 2013

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 Oct 2013

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 Oct 2013

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 …