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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.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

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.

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.

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 …

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.

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.

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.

In The Spotlight: Dealing With The Russians, Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.

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 …

Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg

St. Mary's Law Journal

Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …

Brief Of War Powers Scholars As Amici Curiae In Support Of Petitioner - Torres V Texas Dps, Frank Rosenblatt

Journal Articles

Congress’ war powers are, and always have been, both great and vast. To say this is not to elide the fundamental principle of our constitutional system that the federal government is one of only limited, enumerated powers. In most respects, the federal government’s powers are indeed less capacious than the police powers enjoyed by the several states. But things are different when it comes to war. War is what made, and remade, the Nation. Without the ability to wage war effectively, the Nation could not endure.

Lubin Earns Prestigious Baxter Prize, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.

Unrest In Belarus: The Legal Perspectives For Russian Integration And The Potential Western Response, Trevor Eck

Georgia Journal of International & Comparative Law

No abstract provided.

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary

Seattle Journal of Technology, Environmental, & Innovation Law

The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?

Further, this article analyzes the development of U.S. privacy law and its relationship to national security, technology, …

Chemical Weapons And Their Unforeseen Impact On Health And The Environment, Alexandra Chen

Seattle Journal of Technology, Environmental, & Innovation Law

The May 2020 police murder of George Floyd catalyzed a racial reckoning in the United States that saw millions of people take to the streets to protest police brutality against people of color. In following months, law enforcement used massive amounts of "less-lethal" chemical weapons against protesters in cities across the country. Despite widespread use of chemical weapons by police agencies and mounting evidence of related environmental and health harms, the federal government does not regulate the use nor the manufacture of chemical weapons. Chemical weapons contain toxic ingredients such as hexavalent chromium, lead salts, and methylene chloride, which are …

Planning And Orders Production (This Item Is Published With Basic Incl C1), United States Army

United States Army: Field Manuals

Planning and Orders Production (This Item Is Published with Basic Incl C1), United States Army Field Manual FM 5-0, This publication supersedes chapters 4, 8-10, and 14-15 and Appendices A-D of FM 6-0 dated May 5, 2014

Italy And The Implementation Of International Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction
2. Italy in Space
3. International Space Law and the Main Parameters for Private Space Activities
4. National Space Law in Italy as Addressing Private Space Activities
5. Concluding Remarks

Writing a contribution to the Liber Amicorum for someone who counts among the greatest space lawyers of Italy and indeed of the world, as well as being a long-time friend, is obviously a pleasure and an honour—and what other subject would be more suitable than the particular country that has been his birth ground, home, and point of departure for traveling the world to help the cause of …

Feres Lives: How The Military Medical Malpractice Administrative Claims Process Denies Servicemembers Adequate Compensation, Robert A. Diehl

Duquesne Law Review

For more than seventy years, active-duty members of the United States armed forces injured by the negligence of military medical practitioners have been denied redress in the federal courts for their injuries. Surviving spouses, children, and probate estates have been turned away from the courthouse. The United States Supreme Court has justified this practice in a series of cases interpreting the Federal Tort Claims Act ("FTCA"),¹ a partial waiver of the federal government's sovereign immunity to suits sounding in law. These precedents-collectively called the Feres doctrine-are a judicial invention constructed from a complex and opaque series of arguments about …

The “Law Of The Horse” For Outer Space? What “Space Law” Is, And Why It Is Important To Educate Space Lawyers, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When I tell someone that I make a professional living with teaching, researching, and advising on space law, the first reaction all too often is laughter, followed by an only half-joking “So tell me, who owns the Moon then?” Which, by the way, nowadays is an important legal issue indeed. Such a lack of automatic recognition that something like “space law” makes sense ever since humankind entered outer space, however, usually is part of a more fundamental lack of understanding of the importance of space activities for our daily lives, which does not stop growing day by day.

It is …

Communication Strategy And Public Affairs Operations, United States Army

United States Army: Field Manuals

Communication Strategy and Public Affairs Operations, United States Army Field Manual FM 3-61

Operations, United States Army

United States Army: Field Manuals

Operations, United States Army Field Manual FM 3-0

Commander And Staff Organization And Operations, United States Army

United States Army: Field Manuals

Commander and Staff Organization and Operations, United States Army Field Manual FM 6-0

Short-Range Air Defense Operations, United States Army

United States Army: Field Manuals

Short-Range Air Defense Operations, United States Army Field Manual FM 3-01.44

Review Of Veterans Law Decisions Of The Federal Circuit, 2021 Edition, Angela Drake, Yelena Duterte, Stacey-Rae Simcox

American University Law Review

In the past year, the United States Court of Appeals for the Federal Circuit (Federal Circuit) continued to define boundaries for the Department of Veterans Affairs (VA) and the U.S. Court of Appeals for Veterans Claims (Veterans Court). These boundaries align more closely with congressional intent, especially with regard to the jurisdiction of the Veterans Court and the internal operations of the agency.

This Area Summary discusses eight major areas in which the Federal Circuit articulated important changes in veterans law. First, the Federal Circuit revisited the important and veteran-friendly “benefit of the doubt” rule in Lynch and modified it. …

Ganging Up On Terrorism: Transnational Gangs And Tier Iii Terrorist Organizations, Adam S. Domitz

American University Law Review

The Immigration and Nationality Act sets forth three distinct tiers of terrorist organizations. Unlike Tiers I and II, Tier III does not require official designation in the Federal Register by cabinet level officials. Instead, the tier calls for case-by-case adjudication by executive branch employees such as asylum officers and immigration judges. Noncitizens who engage in certain activities with or who have certain ties to any of the three tiers of organizations are inadmissible to the United States and barred from most forms of immigration relief, subject to limited exceptions. Nevertheless, in recent years, a variety of entities—including the Trump administration—have …