Military, War, and Peace Commons^™

When Uncle Sam Spills: A State Regulator’S Guide To Enforcement Actions Against The Federal Government Under The Clean Water Act, Ian M. Staeheli

Washington Law Review

The U.S. government is one of the largest polluters on the planet. With over 700 domestic military bases and countless more federal facilities and vessels operating within state borders, there exists an enormous potential for spills and discharges of pollutants into state waters. The regulatory burden for enforcing environmental laws against the federal government falls on the Environmental Protection Agency and state regulators. But enforcing laws and regulations against the federal government and its progeny is a daunting regulatory task.

Other scholarship addresses some of the vexing peculiarities involved when regulating Uncle Sam. Those works discuss the “confusing mess” that …

The Collective Right Endures: Pre-Heller Precedent And Our Understanding Of The Modern Second Amendment, William Reach

William & Mary Bill of Rights Journal

Prior to 2008, legal scholars who examined the Second Amendment fell roughly into two camps: those who believed “the right of the people to . . . bear arms” only covered state militias, and those who believed it extended to individual citizens.

After District of Columbia v. Heller conclusively established that the “Second Amendment conferred an individual right to keep and bear arms," discussion of the collective right to bear arms largely receded from public discussion and most litigation surrounding the Second Amendment shifted to define the outer edges of the individual right. But the pre-Heller showdown between these …

When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady

Journal of Law and Policy

For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …

Parameters Winter Issue 2022-23, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster

The US Army War College Quarterly: Parameters

This article argues senior officers may fail in character because their rate of character development throughout their careers typically decreases as environmental stressors rise. It conceptualizes character as an open system with both gains and leaks over time and integrates existing scholarship on personality and ethical development to create the Leaky Character Reservoir framework, which it then applies to Army officers’ careers. Military leaders will gain a new understanding of character and find specific actions officers, units, and the US Army can undertake to strengthen the character of its senior officers.

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.

Twenty Years Of Drone Attacks, Mary Ellen O'Connell

NDLS in the News

On November 2, 2002, the United States conducted its first targeted killings using a drone. CIA agents based in Djibouti launched the drone’s two Hellfire missiles at a vehicle traveling in rural Yemen, killing six...

In Defense Of (Virtuous) Autonomous Weapons, Don Howard

Notre Dame Journal on Emerging Technologies

I will argue, we can construct effective means for norming the use of autonomous weapons short of a total ban by building upon the foundation of existing requirements stipulated in Article 36 of Protocol I to the Geneva Conventions that all new weapons technologies be reviewed for compliance with the International Law of Armed Conflict (ILOAC) and International Humanitarian Law (IHL). I begin with a critical review of several of the most commonly encountered arguments in favor of a ban. That is followed by a discussion of the moral opportunities afforded by enhanced autonomy. I conclude with a concrete policy …

Social Media, Social Identification, And The Integration Of Refugees Into Jordanian Society, Ibrahim Al Elanat

Student Theses and Dissertations

Mass media and social media platforms play a critical role in helping Syrian refugees integrate into host communities. Through social media platforms, users’ can voice their opinions on various topics related to the refugee experience. This study aims to identify the various cultural needs and practices of the refugee community in Jordan. The study aims to develop a framework for policymakers, employers, and local communities in Jordan to consider and integrate Syrian refugee's social identity. Also this study aims to identify the various aspects of identity re-constructions in order to determine the most effective practices for Syrian refugees. The study …

New York Times, Law Of War, And Congressional Overreach In U.S. Military Operations, Brian L. Cox

Cornell Law Faculty Working Papers

Recent high-profile reporting by the New York Times and other media organizations involving U.S. military combat operations has elevated public awareness related to Department of Defense targeting and accountability practices. While scandal generated by media coverage forms the basis for demands for reform of DoD practice from civil society groups and select members of Congress, the narratives developed in the investigative reporting have thus far not been exposed to comprehensive scrutiny. This article conducts a critical analysis of recent New York Times reporting involving U.S. military combat operations to assess the legitimacy of the narratives developed therein. After considering various …

Some Reflections On The Threshold For International Armed Conflict And On The Application Of The Law Of Armed Conflict In Any Armed Conflict, T.D. Gill

International Law Studies

This essay discusses the threshold of application of international humanitarian law (IHL) in both international (IAC) and non-international armed conflicts (NIAC). In relation to IAC it questions whether the International Committee of the Red Cross (ICRC) “first shot” approach is the most appropriate, since it opens the way for the intensification of conflicts beyond what is necessary in relation to relatively minor armed incidents and argues that the humanitarian protection clauses of IHL should be separated from the rules governing hostilities and makes a case for the application of ad bellum considerations of necessity and proportionality to act as a …

‘Xi Jinping Thought’: Lethal Autonomous Weapons Systems And Military Modernization With Chinese Characteristics, Aiden Warren, Alek Hillas

The Journal of International Relations, Peace Studies, and Development

The article seeks to appraise Beijing’s military modernization and positions on Lethal Autonomous Weapons Systems (LAWS). In examining the rhetoric of Chinese policy makers through a qualitative analysis of relevant policy documents and Chinese statements, the article begins by evaluating the relationship between military modernization and the advancement of China’s innovation and civil- ‍military integration strategies in the Xi Jinping era. Secondly, the article considers, via an analysis of diplomatic statements, the context of Chinese discussions on LAWS under the framework of the Convention on Certain Conventional Weapons (CCW). The analysis proposes it is probable that China is seeking to …

Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Lives In The Balance: Targeting And Civilian Comparative Value, Christopher F. Melling

Cardozo International & Comparative Law Review

When United States commanders want to attack lawful targets, they must decide if the attack is proportional under the Law of Armed Conflict ("LOAC'). The attack cannot cause excessive harm to civilians compared to the strike's military benefit. To help commanders decide if the strike is proportional, intelligence analysts forecast the number of men, women, and children who may be injured or killed as collateral damage. Yet because civilians are not equal for the purpose of targeting, commanders have no viable standard for evaluating the limited, homogenous data they receive on civilians. Commanders should have more information to help them …

Putin V. Zelensky: Reflections On Leadership, Global Order, And The Rule Of Law, Charles H. Brower Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

The Deep South’S Constitutional Con, Lynn Uzzell

St. Mary's Law Journal

No abstract provided.

Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

No abstract provided.

Inter-Circuit Judicial Splits Surrounding The Class Action Fairness Act’S “Local Single Event” Exception—A Proposal To Resolve The Confusion, Odalys Vielma

St. Mary's Law Journal

No abstract provided.

Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson

St. Mary's Law Journal

No abstract provided.

The Dark Side Of Due Process: Part Ii, Why Penumbral Rights And Cost/Benefit Balancing Tests Are Bad, Joshua J. Schroeder

St. Mary's Law Journal

No abstract provided.

Brief Of Amici Curiae - Sissel V. Wormuth, Frank Rosenblatt, Eugene R. Fidell

Journal Articles

No abstract provided.

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

International Law Studies

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.

Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold

The US Army War College Quarterly: Parameters

No abstract provided.

Professionalizing Special Operations Forces, C. Anthony Pfaff

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

No abstract provided.

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.