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Articles 1 - 30 of 241
Full-Text Articles in Military, War, and Peace
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Faculty Scholarship
Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …
Future War, Future Law, Eric Talbot Jensen
Future War, Future Law, Eric Talbot Jensen
Faculty Scholarship
Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …
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
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
Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode
The US Army War College Quarterly: Parameters
No abstract provided.
Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous
Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous
The US Army War College Quarterly: Parameters
No abstract provided.
Artile Index, Vol. 43, 2013, Usawc Press
Artile Index, Vol. 43, 2013, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Commentaries And Replies, Usawc Press
Commentaries And Replies, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Rebalancing Us Military Power, Anna Simons
Rebalancing Us Military Power, Anna Simons
The US Army War College Quarterly: Parameters
No abstract provided.
The Coming Financial Wars, Juan C. Zarate
The Coming Financial Wars, Juan C. Zarate
The US Army War College Quarterly: Parameters
No abstract provided.
Economic Statecraft: China In Africa, Douglas W. Winton
Economic Statecraft: China In Africa, Douglas W. Winton
The US Army War College Quarterly: Parameters
No abstract provided.
A War Examined: Operation Iraqi Freedom, 2003, Usawc Press
A War Examined: Operation Iraqi Freedom, 2003, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Waging Financial War, David J. Katz
Waging Financial War, David J. Katz
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.
What The Qdr Ought To Say About Landpower, Francis G. Hoffman
What The Qdr Ought To Say About Landpower, Francis G. Hoffman
The US Army War College Quarterly: Parameters
No abstract provided.
Defeating Violent Nonstate Actors, Robert J. Bunker
Defeating Violent Nonstate Actors, Robert J. Bunker
The US Army War College Quarterly: Parameters
No abstract provided.
Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers
Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers
The US Army War College Quarterly: Parameters
No abstract provided.
Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark
Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark
The US Army War College Quarterly: Parameters
No abstract provided.
The First Circuit And The First Amendment, Peter Margulies
The First Circuit And The First Amendment, Peter Margulies
Law Faculty Scholarship
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
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 …
A Sinking Ship: Epa Regulation Of The Navy Training Program Sinkex Under The Ocean Dumping Act And The Toxic Substances Control Act, Laura Zippel
Washington Journal of Environmental Law & Policy
The EPA currently regulates the Navy program Sink Exercise (SINKEX) under a permit issued under the Ocean Dumping Act. The Navy regards SINKEX as both a “live fire exercise,” important for the training of sailors in tactics and operations, and as a ship disposal program. Due to the toxic materials used to construct the derelict ships–including PCBs, asbestos, and lead–a case was filed in San Francisco District Court alleging that the EPA is required to regulate and permit SINKEX under the Toxic Substances Control Act (TSCA). This comment addresses the complexities arising from EPA permitting of SINKEX, including a comparison …
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
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, …
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl
The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas
Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Significant Ambiguity In The Npt: A Continuing Issue, David S. Jonas
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen
Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Countering Proliferation: Wmd On The Move, Charles Allen
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Keynote Address, Larry D. Johnson
Symposium: Fallout: The Future Of Nuclear Security And Non-Proliferation. Keynote Address, Larry D. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Re-Examining The Falkland Islands War: The Necessity For Multi-Level Deterrence In Preventing Wars Of Aggression, Steven G. Stransky
Re-Examining The Falkland Islands War: The Necessity For Multi-Level Deterrence In Preventing Wars Of Aggression, Steven G. Stransky
Georgia Journal of International & Comparative Law
No abstract provided.
Al-Libi And Detention At Sea, Peter Margulies
Al-Libi And Detention At Sea, Peter Margulies
Law Faculty Scholarship
No abstract provided.
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.