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Articles 31 - 60 of 1639
Full-Text Articles in Military, War, and Peace
How Is Going To War Like Buying A Car?: The Bargaining Model Of War, Richard R. Johnson
How Is Going To War Like Buying A Car?: The Bargaining Model Of War, Richard R. Johnson
The US Army War College Quarterly: Parameters
The bargaining model of war, a popular, yet complex international relations theory, emphasizes how nations communicate signals regarding military strength, resolve to fight, and foreign policy goals. Since the military plays a major role in communicating these signals, its leaders should understand this theory, despite its complexities. This article explains the model and its components through the used car sale bargaining process and supplements the analogy with real-world examples of international events. This article will help military and foreign policy professionals easily grasp the concepts of the model.
Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier
Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Military Officer's Oath To Disobey Lawful But Unethical Orders, Joshua Braver
The Military Officer's Oath To Disobey Lawful But Unethical Orders, Joshua Braver
Northwestern University Law Review
How should a military officer respond to a lawful yet unethical order, unethical in the sense that it conflicts with their professional responsibilities? Army culture, scholarship, and doctrine regard officers as professionals, akin to doctors and lawyers, with expertise in the management of violence and a shared commitment to an ethical code. This code demands obedience to lawful orders to uphold civilian control of the military. But to protect against civilian misuse of the military, the code requires disobedience to unethical orders. Faced with a lawful but unethical order, the military officer is mired in a contradiction in which their …
Still Uncertain After All Of These Years: Constitutional Rights Of Guantanamo Detainees Tried By Military Commission, Michael D. Ross
Still Uncertain After All Of These Years: Constitutional Rights Of Guantanamo Detainees Tried By Military Commission, Michael D. Ross
Mercer Law Review
This article explores whether Guantanamo detainees are entitled to constitutional protections at military commission trials. In 2006, Congress passed the Military Commissions Act (“MCA”). Its goal was to establish a fair system to try foreign detainees accused of war crimes. The ensuing nineteen years have revealed that the system needs reform. The most important cases, such as the 9/11 and U.S.S. Cole prosecutions, are still bogged down in pre-trial litigation that has lasted over a decade. But before policy makers consider reforms, they should know what constitutional protections apply at a military commission. Federal courts have not answered that question. …
U.S. Trade Law And Policy At A Crossroads, John K. Veroneau
U.S. Trade Law And Policy At A Crossroads, John K. Veroneau
Maine Law Review
The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …
From The Editor In Chief, C. Anthony Pfaff
From The Editor In Chief, C. Anthony Pfaff
The US Army War College Quarterly: Parameters
Welcome to the Spring 2026 issue of Parameters, which consists of an In Focus special commentary, three forums (Clausewitz and Modern Warfare, Operational Considerations, and Historical Studies), and the Strategic Competition Corner.
Strategic Rivalries: How Are They Won?, Antulio J. Echevarria Ii
Strategic Rivalries: How Are They Won?, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
This article argues strategic rivalries—distinct from general strategic competition—are best understood as contests in which states prioritize weakening a specific opponent’s capacity to compete. It departs from existing work by critiquing the Joint Concept for Competing’s narrow definition and by emphasizing rivalry termination as a central but understudied dimension. Drawing on decades of international relations scholarship and historical datasets of interstate rivalries since 1815, the article analyzes how rivalries end and identifies strategic preclusion as a proactive approach for winning them. Its insights offer policy and military practitioners guidance for shaping competitive strategies short of war.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Spring 2026, Usawc Press
Parameters Spring 2026, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Imitating Us Doctrine Cost Europe Its Heavy Combat Power, Bence Nemeth
Imitating Us Doctrine Cost Europe Its Heavy Combat Power, Bence Nemeth
The US Army War College Quarterly: Parameters
This article argues that Europe’s loss of heavy combat power is primarily the result of doctrinal shifts influenced by the United States, rather than underfunding alone. Unlike existing research that focuses on defense budgets or burden-sharing, this study isolates the opportunity costs of adopting US-based expeditionary and counterinsurgency doctrines. Using force structure data for Canada, Germany, and the United Kingdom (1990–2022), it conducts a counterfactual analysis of lost tanks, infantry fighting vehicles, and heavy artillery pieces. The article shows that Europe’s shortfalls are doctrinal as much as fiscal and highlights the relevance of maintaining balance in future doctrinal choices.
Approaching The Military As A Profession Through The Clausewitzian Trinity, Adam T. Biggs
Approaching The Military As A Profession Through The Clausewitzian Trinity, Adam T. Biggs
The US Army War College Quarterly: Parameters
The Clausewitzian trinity (people, government, and military—or passion, reason, and chance) can enhance existing scholarship and discussions about military professionalism by emphasizing the fundamental purpose of military forces. Specifically, managing chance incorporates elements of reducing uncertainty and applying creativity as individuals develop coup d’oeil. Junior personnel manage chance by reducing cognitive load while enhancing cognitive skills needed to quickly assess battlefield conditions as they progress to becoming senior leaders. This article contrasts these ideas against the various roles assigned to civil-military forces in the Clausewitzian trinity to emphasize professionalism in developing military leaders.
Spezialpropaganda: The East German Military’S Covert Information-Warfare Program, Joe Cheravitch
Spezialpropaganda: The East German Military’S Covert Information-Warfare Program, Joe Cheravitch
The US Army War College Quarterly: Parameters
This article details the East German military’s extensive, innovative covert-propaganda program, which was designed to influence West German attitudes for almost two decades during the Cold War. Unlike existing scholarship that primarily addresses intelligence-led disinformation, this study exclusively analyzes military-led information warfare. The article uses previously classified East German military records to examine capabilities and tactics ranging from fake conscription notices to radio broadcasts. The findings offer contemporary US military planners and practitioners insight into the complexities of integrating information-warfare capabilities, measuring the effectiveness of propaganda, and understanding adversarial influence campaigns, with direct implications for current Joint Force planning and …
Strategic Theory And Clausewitz’S Trinitarian Test, Lukas Milevski
Strategic Theory And Clausewitz’S Trinitarian Test, Lukas Milevski
The US Army War College Quarterly: Parameters
Carl von Clausewitz’s trinity represents a qualitative test for strategy in both theory and practice. With the trinity, Clausewitz transforms competing influences into a mark of theoretical quality. Synthesizing several translations of Clausewitz’s On War and interpretations by experts such as Hew Strachan, Antulio J. Echevarria II, and Frank G. Hoffman, this article suggests that Clausewitz believed that good theory encompasses and accounts for all fundamental forces of war, whereas bad theory emphasizes the extremes of one force. The trinity compels mandatory considerations for students of theory, war planners, and practitioners.
The Trump Administration’S Theory Of Constitutional War Powers: “The President Could Decide”, Rebecca Ingber
The Trump Administration’S Theory Of Constitutional War Powers: “The President Could Decide”, Rebecca Ingber
Online Publications
President Donald Trump has launched another unlawful war, this time in the service of regime change in Iran. The administration has been threatening the use of force for weeks, but provided very little public justification, description of what the president hoped to accomplish, or explanation for how the use of force would effectuate such goals. It has also to date presented no legal justification whatsoever. Much of what we know at this moment about how the administration views, and how it lawyers, questions of war powers can be derived from the one legal memorandum the administration has released on the …
The Power To Declare Peace, Michael Stokes Paulsen
The Power To Declare Peace, Michael Stokes Paulsen
Pepperdine Law Review
The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the power(s) to make peace—constitutional powers to end, as a practical matter and as a binding legal matter, a prior legal condition of war. Both the President and Congress possess several such powers. The President has the power, with the advice and consent of two-thirds of the Senate, to make treaties, including peace treaties that …
Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen
Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen
Seattle University Law Review
The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Seattle University Law Review
This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
Seattle University Law Review
This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …
The Field Of International Business Transactions Law, Kathleen Claussen
The Field Of International Business Transactions Law, Kathleen Claussen
Seattle University Law Review
This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Seattle University Law Review
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Seattle University Law Review
There has been a seismic shift in American attitudes toward the free flow of data across borders. In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Seattle University Law Review
Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Seattle University Law Review
The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security. For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals. However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Seattle University Law Review
Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Seattle University Law Review
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They press their claims in street protests, legislative hearings, dramatic performances, and other fora. The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin. More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …
Rights On Paper, Violations In Practice: Israel, The U.S., And The Failure To Enforce Judicial Pro¬Tections And International Obligations In Cases Of Arbitrary Detentions, Anjali Narayanan
Human Rights Brief
Muhammad Srur, a 34-year-old father, endured small cells, restricted movement, minimal family visits, and limited access to legal counsel when detained by Israel. He was beaten during arrest and interrogation, and the food, medical care, and living conditions fell below international standards. Half a world away, Abu Zubaydah remains in extreme isolation at Guantánamo Bay, following secret CIA detention where he faced prolonged confinement, sleep deprivation, stress positions, and other forms of torture. These men will never meet. Yet, their situations reflect the same legal reality: both have been placed into categories designed to fall outside the full protections of …
The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell
The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell
Journal Articles
This article tracks the decline of respect for the prohibition of force, IHL, and human rights law. At the same time, it will clarify the inter-relationship of the three bodies of international law relevant to armed conflict. The article also considers why presidents first began to “abandon peace.” The evidence indicates that a major reason involves the influence of realist political theory. Realism asserts that national security is attained by amassing and demonstrating superior military capability. A president who follows the theory will defy the law against the use of force. Following realism is also at odds with the empirical …
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.