Military, War, and Peace Commons^™

Blue Water Navy, Hannah Melinda Woods

Veterans Studies Undergraduate Capstones

For years, Veterans who served on ships during the Vietnam war have been denied access to Agent Orange Veterans Affairs benefits. These group of veterans are called the Blue Water Navy. This paper explores the background of this issue, legislation coming about this issue, and the against sides of this issue.

Offensive Cyber Operations And Future Littoral Operating Concepts, Jd Work

Military Cyber Affairs

Introduction of new ground-launch cruise missile options to hold adversary naval targets at risk in order to support conventional deterrence objectives through sea control and sea denial missions is the centerpiece of proposed reorganization of Marine Littoral forces, as part of new “Expeditionary Advanced Base Operations,” and “Littoral Operations in Contested Environments” concepts. Effective distributed sea control fires against pacing threat maritime formations requires defeat of integrated air defense systems. Offensive cyber operations capabilities may be considered as a means of altering the calculus of attrition in missile fires exchanges, but due to various sensitivities it has been difficult to …

Beyond "Restoration Of Honor": Compensating Veterans For The Psychological Injuries Of The Gay And Transgender Bans, Evan R. Seamone

William & Mary Journal of Race, Gender, and Social Justice

This Article is titled “Beyond Restoration of Honor” specifically to introduce the policy priority of ensuring that all Sexual and Gender Identity Minority (SGIM) veterans who were harmed by...discriminatory policies [like Don't Ask, Don't Tell] can obtain and use Veterans Affairs (VA) disability benefits for injuries resulting from discrimination while in the military. While this Article highlights the value of codifying a series of specific SGIM stressor markers for PTSD in the VA’s regulations concerning personal assault and creating presumptions of service-connection for specific military experiences, existing laws and regulations permit service-connection for these injuries without further regulatory changes.

In …

Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro

BYU Law Review

No abstract provided.

Criminalizing Starvation In An Age Of Mass Deprivation In War: Intent, Method, Form, And Consequence, Tom Dannenbaum

Vanderbilt Journal of Transnational Law

Mass starvation in war is resurgent. Across a range of conflicts, belligerents have attacked farmers and humanitarian workers; destroyed, looted, or rendered unusable food and food sources; and cut off besieged populations from the external supply of essential goods. Millions have been left in famine or on the brink thereof. Increasingly, this has elicited calls for accountability. However, traditional criminal categories are not promising in this respect. The situation and nature of objects indispensable to survival is such that they typically provide sustenance to both civilians and combatants; the conduct that deprives people of those objects often involves acting on …

Waging Peace: Female Legislators And A State’S Propensity For War, Caitlyn Shrewsbury

Undergraduate Research Conference

Increasing conflict in the international system prompts policymakers and researchers alike to investigate unconventional methods of creating and maintaining peace. For decades, feminist theorists have argued that women exert a pacifying influence at all levels of society; by extension, their engagement in government would temper the aggressive tendencies of states. It stands to reason that the presence of female legislators in a state’s political system decreases its likelihood of conflict.

Christianity And Locke: An Investigation Of Resistance Theory, John Kebles

Helm's School of Government Conference - 2021-2024

No abstract provided.

On Protecting Internally Displaced Persons In Non-International Armed Conflicts, Specifically Regarding The Civilian Population Of The Rohingya People Of Burma, Elizabeth Tonkin

Helm's School of Government Conference - 2021-2024

No abstract provided.

Making The Best From A Mess: Mental Health, Misconduct, And The "Insanity Defense" In The Va Disability Compensation System, Caleb R. Stone

Faculty Publications

The disability compensation system implemented by the Department of Veterans Affairs ("VA") is highly technical and complex. Before veterans reach questions concerning entitlement to benefits or the amount of compensation, they must first achieve basic eligibility for VA benefits. That involves receiving a discharge that is "honorable" for VA purposes. For some former servicemembers seeking benefits, using the VA's "insanity defense" to excuse misconduct leading to a less-than-honorable discharge may be the best avenue for obtaining compensation. The VA insanity provision contemplated in 38 U.S.C. s. 5303(b) and defined in 38 C.F.R. s. 3.354 is the only "defense" that allows …

Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone

Senior Honors Theses

The actions of ancient Near Eastern warrior gods are often depicted as acts of vengeance, greed, and brutality, serving selfish ambition and never-ending power struggles. These gods and their warfare ethic dominated the worldview of the ancient world in which the events of the Old Testament took place. The actions of the Hebrew God are often included, even emphasized, in discussions of ancient divine warfare today. There are supposed similarities between the actions of war gods like Anat from the Ugaritic pantheon and those of Yahweh from ancient Israel. Unfortunately, this has led to the present-day belief that the God …

Introduction To Symposium Issue: Military Veterans And The Law, Timothy E. Lynch

Faculty Works

Upon discharge from the military, veterans must transition from living and working in the military to fully integrating into the civilian world. At a minimum, this means veterans must heal their physical and psychological wounds, find adequate housing, maintain healthy familial relationships, access necessary healthcare, and secure stable civilian employment. Although these needs are often wrought with legal complexities, veterans are often miscategorized and misunderstood by the legal community. This Symposium seeks to understand and address some of these legal issues, and the UMKC Law Review is proud to be publishing several pieces from prominent legal scholars with expertise in …

A Sheep In Wolf's Clothing: Assessing The Dangerous, Hidden, And Increasing Defects Of The Iran Nuclear Agreement Review Act, David S. Jonas, Erielle Davidson

Cardozo International & Comparative Law Review

The article critically examines the Iran Nuclear Agreement Review Act (INARA) of 2015, arguing that while it was intended to enhance congressional oversight of the Joint Comprehensive Plan of Action (JCPOA) and other agreements with Iran, INARA falls short of its goals. The analysis reveals that INARA is poorly drafted, lacks teeth, and fails to provide meaningful transparency or checks on executive power, ultimately undermining Congress's role in national security matters.

Lawyering The Presidency, Deborah Pearlstein

Articles

Among its many profound effects on American life, the Trump presidency has triggered a surge of interest in the project of law reform to better check the exercise of presidential power. Yet these reform efforts arise against a wholly unsettled debate about the function and effectiveness of existing checks, perhaps none more so than the role of executive branch legal counsel. With courts often deferential, and Congress hamstrung by partisan polarization, scholars have drawn on the experiences of executive branch lawyers to assess whether counsel functions as part of an “internal separation of powers” form of constraint. Yet while these …

Hostile Shores: Racial Exclusion Laws And The West Coast, Brendan Williams

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and ongoing racial exclusion laws on the West Coast, focusing on California, Oregon, and Washington. It argues that despite their progressive reputation, these states have a legacy of discriminatory laws targeting Chinese, Black, and Japanese populations, which has led to enduring racial inequities that persist today.

A Virtual Reality: Preserving The Right To Appear "In Person" Before An Administrative Separation Board, Jeffrey Janaro, Christopher Clifton

Richmond Public Interest Law Review

Prior to the COVID-19 pandemic, courts and government agencies utilized

video teleconference (“VTC”) technology to conduct trials and hearings in

limited settings. However, as the pandemic progressed, a number of these

adjudicative bodies began to rely more heavily on VTC, and at least one military

service sanctioned the use of VTC to conduct administrative separation

proceedings. The administrative separation process is routinely used as an

employment action to separate military members from an armed service. Due

to its speed and efficiency, military commanders often elect to use the administrative

separation process over the more rigorous court-martial procedure

to effect good …

The Presidential Coup, Anthony J. Ghiotto

Buffalo Law Review

What prevents the President from abusing the military power at his disposal to stage a coup and actively impose presidential rule upon the United States? What if generations of presidential assertions of authority, congressional acquiescence, and judicial abdication have not only laid the groundwork for the President to use military power to impose his will, but in fact have legally sanctioned such a presidential coup? And what if the informal checks and balances that historically protected against such abuse—specifically a benevolent President, a constitutionally faithful military, intra-executive branch checks, and public opinion—have also eroded to no longer function as checks? …

On "The Battalion Commander Effect" And Authors' Response, Ralph Masi

The US Army War College Quarterly: Parameters

This commentary responds to Everett Spain, Gautam Mukunda, and Archie Bates’s article, “The Battalion Commander Effect,” published in the Autumn 2021 issue of Parameters (vol. 51, no. 3).

On "Broken Nest: Deterring China From Invading Taiwan" And Authors' Response, Eric Chan

The US Army War College Quarterly: Parameters

No abstract provided.

China’S Global Monopoly On Rare-Earth Elements, Gustavo Ferreira, Jamie Critelli

The US Army War College Quarterly: Parameters

This article delivers a novel economic analysis of US dependence on China for rare-earth elements and sheds light on how Western nations may exploit the limitations of limit pricing to break China’s global monopoly in rare-earth element production and refinement. This analytical framework, supported by a comprehensive literature review, the application of microeconomic and industrial organization concepts, and two case-study scenarios, provides several policy recommendations to address the most important foreign policy challenge the United States has faced since the end of the Cold War.

A Failure To Innovate: The Second Nagorno-Karabakh War, Zhirayr Amirkhanyan

The US Army War College Quarterly: Parameters

The root cause for the defeat of the Armenian forces in the second Nagorno-Karabakh War was flawed military doctrine inherited from the Soviet Union. This article analyzes the major problems faced by Armenia, uncovers the main reasons for unsuccessful innovation, tests empirical findings against some of the most authoritative theories of the field, and outlines current research on the largest state-onstate warfighting of recent years, while substantiating the analysis with established scholarship in the field of military innovation.

Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson

The US Army War College Quarterly: Parameters

Current events warrant a review of US civil-military relations doctrine. This article examines eight principles of military subordination to elected civilian officials and addresses the fundamental question at the heart of civil-military relations theory and practice—what options, if any, does the military have when civilian leadership disregards military advice? Examples drawn from US history provide an important framework to understand the complex interrelational dynamics at play.

Chinese And Western Ways Of War And Their Ethics, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

US officials often portray the Chinese government as having few, if any, ethical boundaries in its pursuit of power. This article argues China, like Western countries, has a rich tradition of constraining this pursuit that can impact the nation’s policies. With a focus on the relationship between ways of war and ethics of war, it relies on traditional and contemporary scholarship from both the East and the West to highlight differences in how each military views the practical and ethical aspects of war and how these views can interact. Understanding the ethical logic available to one’s adversaries will allow US …

In The Spotlight: Dealing With The Russians, Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Srad Director's Corner: The People’S Republic Of China’S Challenge To Us Security, George Shatzer

The US Army War College Quarterly: Parameters

This “SRAD Director’s Corner” is the inaugural contribution by Colonel George Shatzer, director of the Strategy Research and Analysis Division of the Strategic Studies Institute at the US Army War College. In each contribution, Shatzer will discuss books of relevance to US Joint planners and strategists, as well as those of our allies and strategic partners. He will apply his experience and education as a US Army senior strategist to extract insights useful to anyone contemplating how to confront the challenges of today’s strategic environment.

Water Wars Of The Future: Myth Or Reality?, Gerald J. Krieger

The US Army War College Quarterly: Parameters

This article provides background and context for regional trends and historic agreements focused on the Nile River Basin, offers a comprehensive assessment of security challenges, and presents focus areas for future investment and cooperation. The policy recommendations will serve American interests better and improve agricultural practices in the region. Without a marked alteration of existing aid from Western countries, the water scarcity situation will continue without significantly producing the required infrastructure improvements.

Developing Strategic Lieutenants In The Canadian Army, James R. Mckay, H. Christian Breede, Ali Dizboni, Pierre Jolicoeur

The US Army War College Quarterly: Parameters

This Canadian contribution to Parameters’ Strategic Lieutenant series shows how domestic context creates the conditions for professional military education reform to a greater extent than the global strategic context. The article assesses the junior officer education delivered by Canada’s military colleges and analyzes interviews with key stakeholders responsible for the formulation and implementation of reform at the military colleges.

Information Warfare: Lessons In Inoculation To Disinformation, Meghan Fitzpatrick, Ritu Gill, Jennifer F. Giles

The US Army War College Quarterly: Parameters

While propaganda and disinformation have been used to destabilize opposing forces throughout history, the US military remains unprepared for the way these methods have been adapted to the Internet era. This article explores the modern history of disinformation campaigns and the current state of US military readiness in the face of campaigns from near-peer competitors and proposes education as the best way to prepare US servicemembers to defend against such campaigns.

The Prohibition On Intervention Under International Law And Cyber Operations, Ori Pomson

International Law Studies

Given that cyber technologies have made way for attempts to influence the affairs of other States in novel and unique ways, scholars have turned to the international legal rule which is prima facie most relevant in addressing such meddling; namely, the prohibition on intervention. Moreover, there appears to be quite a wide-ranging consensus in scholarship that the prohibition on intervention applies to a broad range of cyber operations. In contrast to such scholarship, this article argues that, under the lex lata, the prohibition on intervention only applies to acts amounting to a use of force or constituting support for …

Patently Absurd: The Invention Secrecy Order System, Gregory Saltz

Texas A&M Journal of Property Law

The current patent application secrecy order system has almost no safeguards to prevent abuse and overreach into private intellectual property rights by the Government. Defense agencies are presently able to have the United States Patent and Trademark Office place secrecy orders on applications by merely deciding for themselves that revelation of information found therein would be detrimental to national security; there are no rules or restrictions on how the agencies go about making this determination. Likewise, the current system contains little in the way of protection for inventors who are left without a meaningful way to challenge these orders. The …