Military, War, and Peace Commons^™

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

G.I. Joe Behind Bars: Analyzing Military Sentencing Data, Sentencing Guidelines, And Court-Martial Reform, Sam Libby

Journal of Law and Policy

The National Defense Authorization Act for Fiscal Year 2022 required the military to restructure its court-martial sentencing procedures to more closely resemble those utilized in federal civilian court. Previously, either judges or court-martial panel members themselves determined an appropriate sentence based on their collective intuition without the aid of specific guidelines. Critics have argued that leaving sentencing in the hands of inexperienced panel members has led to large disparities between servicemembers, especially compared to federal court where the United States Sentencing Guidelines are the lodestar. All the while, no comprehensive dataset exists for researchers to determine the extent of variation …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

Using The Uniform For Views: How The Department Of Defense Can Better Protect Its Brand And Image, Maddox Rose

Journal of Intellectual Property Law

Today, the vast majority of American military servicemembers have active personal social media accounts. By creating and posting content online—particularly when in uniform—they run the risk of reflecting poorly on the image of the Department of Defense and their respective branches. Yet, the statutory and regulatory restrictions on content creation are loose and ambiguous. To combat this problem, either the Department and its branches should clarify their regulations, or Congress should amend its statutory protections. There is scholarly disagreement as to whether an entity’s right of publicity is violated when social media content is created that reflects poorly upon that …

The Shadow Corroboration Doctrine In Sexual Violence Cases, Chris Cox

University of Cincinnati Law Review

No abstract provided.

The Interpretive Force Of Alexander Hamilton’S Early Expositions Of Presidential Power, Michael Stokes Paulsen

Pepperdine Law Review

The most important, rightly influential, early interpretations of the Constitution on presidential power concerning matters of war, peace, and foreign affairs flowed from the able pen of Alexander Hamilton in three sets of pseudonymous public essays: as “Publius” in The Federalist (1787–1788); as “Pacificus” (1793–1794); and “Camillus” (1795–1796). As Publius, Hamilton expounded a broad understanding of presidential constitutional power generally and of presidential power in war and foreign affairs specifically, including an essentially plenary Commander-in-Chief power over the conduct of authorized war (but with no constitutional power to initiate war: that power being explicitly and exclusively assigned to Congress). As …

Geopolitical Chessboard: How Vietnam Shapes American-Chinese Competition, Kiet H. Lê, Hiep X. Trần

The US Army War College Quarterly: Parameters

Vietnam’s geostrategic position—bordering China and commanding key South China Sea maritime routes—makes it a pivotal actor in shaping great-power competition in Southeast Asia. This article argues that the United States should support Vietnam’s neutrality and strategic autonomy as a means of countering Chinese influence. Unlike prior studies that portray regional states as passive players, this analysis highlights Vietnam’s active role in influencing regional dynamics. Through comparative analysis with the Philippines, using historical case studies, geographic assessments, and policy reviews, the article offers practical insights for military and policy practitioners on how geography shapes alliance formation and strategic competition.

Key Themes In Sino-American History, David J. Lorenzo, Ian Murphy

The US Army War College Quarterly: Parameters

This article examines how historical narratives shape the messaging of the Chinese Communist Party and the People’s Republic of China, particularly regarding Sino-American relations. It identifies three key historical themes—trade, discriminatory policies, and Taiwan—that are frequently invoked in China’s statements and information campaigns. By contextualizing these themes, the article argues that military and national security professionals need a deeper understanding of Sino-American history to interpret China’s messaging correctly and counter its influence effectively. The article advocates for the integration of Sino-American historical content into professional military education curricula to enhance strategic awareness and policy formulation.

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Summer 2026 issue of Parameters, which consists of two In Focus special commentaries, three forums (Indo-Pacific, Strategy, and Historical Studies) and the Strategic Competition Corner.

Parameters, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking Power: E. H. Carr’S Enduring Lessons For Modern Strategists, Brian J. Hasse

The US Army War College Quarterly: Parameters

This article argues E. H. Carr’s classic conception of power provides enduring lessons for national security, but these lessons are easily lost in application. Unlike much of the existing literature, this article emphasizes how modern conceptions of power convey an illusion of balance, while the national security bureaucracy constrains the effective synchronization of power. The analysis leverages both historical and contemporary case studies to identify what a balanced conception of power looks like in practice, with the hope of informing US national security strategy and policy in today’s complex security environment.

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.

A New Security Framework For Nato’S Eastern Flank, Matthew J. Kukla, Anna Batta

The US Army War College Quarterly: Parameters

This article argues for a NATO-EU–led security strategy to achieve long-term deterrence in Ukraine after the end of the Russia-Ukraine War. Unlike existing analyses, this article straddles the strategic level of deterrence, outlining an operational road map. Its historical example of the Iraq War shows that long-term security requires the development of plans before a conflict ends, long-term commitments, and multilateral—not unilateral—security efforts. The proposed solution provides strategic planners and policymakers with a low-risk, high-reward approach that leverages burden sharing through a multinational framework.

Turning Tactical Victories Into Strategic Success: Counterinsurgency In The Irish Civil War, 1922–23, Gareth Prendergast, John A. Nagl

The US Army War College Quarterly: Parameters

The fundamentals the Irish National Army used in the Irish Civil War (1922–23) are a model for the successful application of a classic counterinsurgency which, if understood earlier, could have made a difference in the United States’ most recent wars in Iraq and Afghanistan. The Irish Civil War has not been examined in-depth through the lens of modern counterinsurgency doctrine. This article draws on military history and recent counterinsurgency doctrines to provide US policymakers and military practitioners practical guidance for how counterinsurgent forces can foster trust and use appropriate tactics that lead to strategic success.

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.

Unrestricted: Why Access To A Special Victims' Counsel Should Not Rest On Victim Credibility, Kate Franco

William & Mary Law Review

Part I discusses the role of courts-martial in the military and the distinction between civilian ideals of justice and the military’s objective of “good order and discipline.” It also describes how the sociopolitical landscape in the early twenty-first century shaped the Uniformed Military Code of Justice (UCMJ), the internal decision to introduce counsel specifically for sexual assault victims, and Congress’s decision to require SVC [Special Victims' Counsel] programs across all branches. Part II examines the state of SVC programs today within branches and across the political landscape. It also provides a more detailed analysis of United States v. Deremer and …

Weaknesses Of Opponents, Strengths Of The Taliban: The Success Of The Taliban Insurgency, Isabella Ryan

Bates College Journal of Political Studies

How did the Taliban insurgency succeed in gaining control of the Afghan state in 2021 following the collapse of the Taliban regime in 2001? This paper argues that the Taliban’s success resulted from two key dynamics: the weaknesses of opponents and strengths of the Taliban. The Afghan State was undermined by governance failures including the 2004 Constitution, overcentralization, lack of rural governance, corruption, and a dependence on foreign aid. These internal weaknesses were compounded by international policy failures, including the Bonn Agreement, inconsistent counterinsurgency (COIN) and counterterrorism (CT) strategies, the failed peace process design embedded in the Doha Agreement, and …

Unpacking Jus Ad Bellum Proportionality And Examining Its Relationship With The Jus In Bello In Light Of The Equal Application Principle, Jared Dass

International Law Studies

The jus ad bellum is one of the most important areas of international law, with the prohibition on the use of force forming the cornerstone of the UN Charter. However, a lack of doctrinal clarity, especially regarding the jus ad bellum proportionality principle, undermines its ability to meaningfully regulate the use of force by States in self-defense. There is further lack of understanding as to how the jus ad bellum interacts with the jus in bello, in particular as between the two proportionality principles found in both bodies of law. The orthodox view rejects any such interaction, for fear …

What Bombs Cannot Occupy: Memory, Heritage, And War In Ukraine, Dalton D. Conden

The Penguin Review

Air-raid sirens have become part of the daily soundscape in Ukrainian cities. They interrupt meals, classes, conversations, and sleep. When they blare, people gather what they can and move quickly sometimes to shelters, sometimes to basements, sometimes nowhere at all. Families lock their doors without knowing whether they will ever turn the key again. Children carry backpacks filled with whatever seemed important in the moment: a photograph, a stuffed animal, a book pulled hastily from a shelf. Around them, buildings that once anchored everyday life—churches, museums, historic neighborhoods— have been damaged or destroyed.

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

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

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 …