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Privacy Shield 2.0—A New Trans-Atlantic Data Privacy Framework Between The European Union And The United States, Sara Gerke, Delaram Rezaeikhonakdar

Cardozo Law Review

This Article is the first to thoroughly examine the new adequacy decision for the Trans-Atlantic Data Privacy Framework (also known as “Privacy Shield 2.0”), including the relevant events and milestones ultimately leading to its adoption. The European Commission adopted the new Privacy Shield on July 10, 2023, to restore transatlantic data flows and commercial exchanges between the European Union and the United States. This Article first explores the holdings of the Court of Justice of the European Union in the groundbreaking cases Schrems I and Schrems II and elaborates on the reasons for the invalidation of the Safe Harbor Decision …

Applying Militant Democracy To Defend Against Social Media Harms, Neil Netanel

Cardozo Law Review

Social media inflict multiple harms on liberal democracy. Online platforms thrive on propagating emotionally inflammatory content that maximizes user engagement. Too often that entails amplifying disinformation, hate speech, online extremism, and deep-seated partisan animosity. Tellingly, as documented in testimony before the House Select Committee to Investigate the January 6th Attack, in the weeks following the 2020 presidential election, Facebook, Twitter, YouTube, and Reddit knowingly enabled a firestorm of vitriolic far-right election denial on their platforms. In so doing, a Select Committee staff report concludes, the platforms “helped to facilitate the attack on January 6th.”

Parameters Winter 2023-24 Full Issue, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Winter 2023–24 issue of Parameters. This issue opens with two In Focus commentaries offering observations from the Russia-Ukraine War, two forums addressing deterrence and strategic influence, and the inaugural Director’s Corner for the China Landpower Studies Center (CLSC).

Introduction To The China Landpower Studies Center, Richard D. Butler

The US Army War College Quarterly: Parameters

Welcome to the Director’s Corner for the China Landpower Studies Center (CLSC). This will be a regular feature in Parameters that will discuss critical military and security issues related to China, the Chinese Communist Party (CCP), and the People’s Liberation Army (PLA). It will also highlight the Center’s research agenda and key activities. My objective in this first installment is to outline the purpose, organization, capabilities, research agenda, and expected products of the Center.

The Lessons Of 9/11 For October 7, Mary Ellen O'Connell

NDLS in the News

October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.

Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong

Fordham Law Voting Rights and Democracy Forum

Veterans and active-duty members of the armed forces are popular and vulnerable targets for recruitment by alt-right and violent white extremist (“VWE”) groups. As the United States government attempts to deal with an influx of violent hate groups throughout the country, both in the civilian and military context, it must respect the civil liberties of those investigated. This is critical because prosecutors often sweep with a broad brush when investigating resistance movements, and protestors of color and from marginalized backgrounds are disproportionately targeted. Further, on a constitutional level, every American has fundamental rights that cannot be abridged. Therefore, when dealing …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Education, Employment, And Healthcare: Personal And Societal Strategies For Transitioning Servicemembers' Fiscal Sustainability, Kan Samuel

Faculty Scholarship

No abstract provided.

For The Ones Who Endured So That A Nation Might Live: A Plea To The Mississippi Legislature And Judiciary To Amend Miss. Code. Ann. 9-25-1 And Adopt A Mississippi Statewide Veterans Treatment Court, Hannah Grace Eckel

MC Law Review

Veterans provide an invaluable service to protect and defend the ideals of this nation. Today, there are roughly 18 million veterans living in the United States, and Mississippi is home to over 187,000. While many servicemen successfully integrate back into civilian life, trauma and addiction follow others which often leads to confrontations with the criminal justice system. The traditional Mississippi court system is ineffective for many veterans because the underlying issues that led to their incarceration cannot be treated with mere confinement.

Veterans Treatment Courts (VTCs) address the underlying issues that often lead to criminal activity and offer a veteran …

Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske

International Journal of Nuclear Security

The international community is slowly beginning to recognize the intersections between law and policy as it relates to international security—particularly arms control, nonproliferation, and disarmament—and the body of human rights law that addresses gender equality. Notably absent from this discussion is the field of nuclear security. Despite its historical underpinnings as an inherently domestic activity, nuclear security is thoroughly grounded in international treaty law. However, nuclear security is often overlooked in the international security context and has not been well-situated in international instruments that address gender equality. We argue that gender equality in nuclear security should be understood as an …

Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman

Journal Articles

No abstract provided.

The War In Ukraine And Legal Limitations On Russian Vetoes, Anne Peters

Articles

A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These …

Adjudicating Algorithms: Accountability In Regulation Of Surveillance, Privacy, And Discrimination, Peter Margulies

Cardozo Law Review

The movement for accountable algorithms has attained critical mass. That momentum includes a range of areas where the collection of data plays a key role, including privacy, online disinformation, surveillance, and screening for credit, housing, employment, and government benefits. For example, the White House has released an Artificial Intelligence (AI) Bill of Rights that outlines standards and recourse for a host of AI applications that touch human needs and endeavors. Assessments, disclosure, and procedures for filing complaints about abuse are frequent features in this turn toward accountability. However, at least in the United States, accountability is still a set of …

Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp

Brigham Young University Journal of Public Law

No abstract provided.

The Somalia Affair And The Transformation Of Canadian Military Justice, Preston Lim

Faculty Publications

No abstract provided.

Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro

Brooklyn Journal of International Law

The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …

Srad Director's Corner: Us Army War College Russia-Ukraine War Study Project, Eric Hartunian

The US Army War College Quarterly: Parameters

The Strategic Studies Institute at the US Army War College is analyzing the operational events and activities of the Russia-Ukraine War to understand the war’s strategic implications for the US Army and its role within the NATO Alliance. Analysis will further inform theater and national US strategy and may benefit Army doctrine and concepts vis-à-vis the Russian threat. It will also examine how US and allied defense policies should adjust to the current character of war. Lessons learned from Ukraine are relevant to the evolving challenge in the Pacific in the near term and are opportunities for the United States …

Urban Resistance To Occupation: An Underestimated Element Of Land Warfare, Kevin D. Stringer, Jelle J. H. Hooiveld

The US Army War College Quarterly: Parameters

With the world trending toward urbanization, and Russia and China acting aggressively toward Ukraine and Taiwan, respectively, the conduct of irregular warfare in built-up environments—specifically, urban resistance to occupation—merits greater study. The authors’ Dutch-language and primary source research on the Netherlands’ World War II urban resistance to German occupation makes this article unique. It provides deeper insights into the occupation experiences of a highly urbanized, densely populated country in which clandestine underground and auxiliary elements played paramount roles in resistance efforts for most of the occupation period. It also illustrates the feasibility of overt, guerrilla-based activity in urban environments during …

A Call To Action: Lessons From Ukraine For The Future Force, Katie Crombe, John A. Nagl

The US Army War College Quarterly: Parameters

Fifty years ago, the US Army faced a strategic inflection point after a failed counterinsurgency effort in Vietnam. In response to lessons learned from the Yom Kippur War, the United States Army Training and Doctrine Command was created to reorient thinking and doctrine around the conventional Soviet threat. Today’s Army must embrace the Russo-Ukrainian conflict as an opportunity to reorient the force into one as forward-thinking and formidable as the Army that won Operation Desert Storm. This article suggests changes the Army should make to enable success in multidomain large-scale combat operations at today’s strategic inflection point.

Contributor Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2023 issue of Parameters. This issue includes two In Focus special commentaries, a Strategic Challenges forum, a Historical Studies forum, and the SRAD Director’s Corner.

Autumn Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Impact Of Antarctic Treaty Challenges On The Us Military, Ryan J. Bridley, Kevin W. Matthews

The US Army War College Quarterly: Parameters

While the Antarctic Treaty of 1961 largely prevented conflicts on the continent, growing challenges to the treaty system could affect the United States and the global community. Through historical documents and press reports, this article examines ice deterioration, unreported and unregulated fishing, resource extraction preparation, hostilities between treaty members, and the roles of China and Russia in the region. It provides recommendations for policymakers and military strategists on how the United States can maintain global security and treaty interests—and the potential request for intervention—within the guidelines of the National Security Strategy.

The Strategic Importance Of Taiwan To The United States And Its Allies: Part Two – Policy Since The Start Of The Russia-Ukraine War, Luke P. Bellocchi

The US Army War College Quarterly: Parameters

Taiwan has become increasingly important to the United States and its allies as the Russia-Ukraine War has united democracies against authoritarian expansionism and indeed has developed an international democracy-authoritarianism dynamic in global affairs. Part one of this article clearly outlined the geopolitical, economic, and soft-power reasons why Taiwan is strategically important. Part two reviews the development of US and allied policy statements on Taiwan—from the invasion of Ukraine in 2022 to the present—and provides policymakers and military strategists with incremental but realistic recommendations for understanding the current dynamic of the region and fashioning responses to deter further authoritarian aggression.

Parameters Autumn 2023, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Chechen Kadyrovtsy’S Coercive Violence In Ukraine, Wilson A. Jones

The US Army War College Quarterly: Parameters

Russia pioneered exploiting civilian inequalities to maximize military effectiveness in Chechnya, contributing to the Kadyrovtsy blocking detachments observed in Ukraine. Kadyrovtsy, pro-Russian Chechens, are drawn from a unique political order enabling this specialized military role. Military inequality literature typically ignores how minority-ethnic forces often serve in specialized combat roles. Understanding the Chechen Wars, the Kadyrov regime, and living standards in Russia helps explain these minority-ethnic blocking detachments in Ukraine. Analysis of this vital section of Putin’s regime offers actionable recommendations for Western actors to undermine Russian military efforts and identifies the potential risks of those actions.

A Historical Perspective On Today’S Recruiting Crisis, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

This article analyzes the US Army’s successive recruiting crises, identifying their consistent patterns and the efforts to resolve them, and makes three provocative arguments. First, there is a long-standing institutional tension between recruiting personnel for the combat arms and technical and administrative specialists. Second, many of today’s talent management problems were first identified in a 1907 General Staff report and reiterated in subsequent studies. Third, the Army has pursued innovative recruitment strategies, but much of their success depended on factors outside the service’s control. The essay concludes with four history-based recruiting lessons and an affirmation that the 2019 Army People …

Us-Russia Foreign Policy: Confronting Russia’S Geographic Anxieties, Caitlin P. Irby

The US Army War College Quarterly: Parameters

The United States must place Russia’s focus on geographic concerns at the center of future strategy development to build a constructive relationship with Russia and achieve US regional goals. This article analyzes Russia’s geography and historical impact on Russian foreign policy, outlines Moscow’s current foreign policy goals, and highlights underlying concerns for US policymakers and military practitioners. By pursuing policies that support Russian goals of economic integration, mitigation of demographic concerns, and security of national borders, the United States can set the foundation for productive engagement on critical issues.

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …