Military, War, and Peace Commons^™

Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary

Seattle Journal of Technology, Environmental, & Innovation Law

The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?

Further, this article analyzes the development of U.S. privacy law and its relationship to national security, technology, …

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental, & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are …

Democracy At Risk: Domestic Terrorism And Attack On The U.S. Capitol, Lawrence J. Trautman

Seattle University Law Review

The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the Capitol Building. It is now known that at least 138 law enforcement officers suffered from or received burns, concussions, rib fractures, heart attack—and at least five deaths are attributed to this insurrection. More than 725 individuals are subsequently charged for their role in this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Table Of Contents

Seattle University Law Review

Table of Contents

The Use And Abuse Of Domestic National Security Detention, Nicole Hallett

Seattle University Law Review

Are people convicted of terrorism-related offenses so dangerous that we must bend the Constitution to keep the public safe? Or should we treat them like people who commit other crimes—by prosecuting, convicting, sentencing, and then releasing them after they have served their criminal sentences? Can we trust the government to use the power to detain people without criminal charge without abusing it? The case of Adham Amin Hassoun raises these questions. Prosecuted after 9/11 for providing support to Muslims abroad in the 1990s, and sentenced under the United States’ expansive material support laws, Hassoun avoided a life sentence only to …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental, & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …

Questioning The Sacrosanct: How To Reduce Discrimination And Inefficiency In Veterans Preference Law, Craig Westergard

Seattle Journal for Social Justice

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert

Seattle University Law Review

This Article—part of the Seattle University Law Review’s symposium on the centennial of the ratification of the Woman Suffrage Amendment—examines that open possibility. Concluding that the Nineteenth Amendment does protect men’s voting rights, this Article explores why and how that protection empowers Congress to address felon disenfranchisement and military voting. This Article also examines the advantages of using Nineteenth Amendment enforcement legislation compared to legislation enacted under other constitutional provisions.

Part I discusses the unique barriers to voting faced by voters with criminal convictions (Section I.A) and voters in the armed forces (Section I.B). This Part also explains how existing …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United States Air …

The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall

Faculty Articles

Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, SWAT teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the “wars” on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into one of engaging …

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 …

Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn

Seattle University Law Review Online

No abstract provided.

Neither A Model Of Clarity Nor A Model Statute: An Analysis Of The History, Challenges, And Suggested Changes To The “New” Article 120, Hon. Jack Nevin, Joshua R. Lorenz

Faculty Articles

No abstract provided.

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane

Faculty Articles

One of the serious problems that the new administration faces is undoubtedly the regulation and use of private military contractors in "the war on terror." The private military industry is largely unregulated at the national level. Its status under international law is also poorly understood. This article assesses the legal status of this industry, characterizes the various functions, demonstrates the difficulty of regulating the industry as a unitary entity, and identifies the appropriate set of international standards that the new administration and Congress as well as the larger international legal community could employ in evaluating regulatory options.

The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane

Faculty Articles

The contemporary threat of terrorism that the Western world faces is primarily from so-called “aliens.” As such, the laws that are meant to combat terrorism necessarily involve the regulation of the admission and exclusion of aliens. This type of regulation is traditionally the purview of immigration law. Although the link between national security and immigration is by no means contemporary, the existing level of intersection between antiterrorism laws and immigration is essentially a post- 9/11 phenomenon.

The reason for this phenomenon is that the 9/11 attacks were planned and executed by aliens. Although there has not been a terrorist attack …

What Is War? Reflections On Free Speech In 'Wartime, David Skover, Ronald Collins

Faculty Articles

Written as the lead article for a Symposium issue commemorating the Free Speech in Wartime Conference held in January of 2005 at Rutgers Law School - Camden, this piece analyzes the following questions: What qualifies as war in the 21st Century? Who determines when the country is at war? And what effect, if any, should the existence of a war have on judicial review of First Amendment challenges?

The Military's Involvement In Law Enforcement: The Threat Is Not What You Think, Michael T. Cunningham

Seattle University Law Review

This Article will first briefly discuss the Posse Comitatus Act and its applicability in different situations, the exceptions to the PCA, and the use of DOD military services in counter-drug operations. Next, extraterritorial applications of the PCA will be briefly examined. Finally, the effects law enforcement activities may have on military readiness will be discussed.

“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts

Faculty Articles

This note will examine the consequences of the Security Council’s decisions to deploy under-resourced operations to civil war situations and various proposed means by which the Security Council might more effectively fulfill its responsibilities. Part II will look at a number of post-Cold War U.N. operations in civil wars—UNPROFOR in Croatia and Bosnia, United Nations Operation in Somalia I (UNOSOM I), United Nations Assistance Mission for Rwanda II (UNAMIR II), and United Nations Mission in Sierra Leone (UNAMSIL)—and show how, at least partly because of the Security Council’s failure to ensure that the operations it authorized were provided with sufficient …

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Foundations For Military Intervention In The United States, David E. Engdahl

Seattle University Law Review

Notwithstanding the statements from the judiciary, within little more than a decade the executive branch of the United States government consolidated the old, and added several new, foundations for military intervention in the United States. It would be idle for a legal scholar to speculate whether any edifice of oppression is likely to be built upon these foundations, whether soon or later in time. A sufficient task for the legal scholar is to disclose that the foundations, although faulty, indeed are there; to explain how those foundations came to be laid; and, to show that they have no footing on …

The Broadening Of The Pentagon Papers Standard: An Impermissible Misapplication Of The National Security Exception To The Prior Restraint Doctrine, Sherrie L. Bennett

Seattle University Law Review

This comment examines the history of the national security exception to the prior restraint rule and discusses the elements of the Pentagon Papers standard in the context of the Marchetti and Progressive opinions. Application of those elements to the reasoning of the cases demonstrates the failure of these lower courts to follow the Supreme Court's strict view of when restraint is justified. Examining the theoretical basis underlying the first amendment, the comment concludes that strict application of the Pentagon Papers standard is essential to continuing protection of the American people's right to be informed of government activities.