Military, War, and Peace Commons^™

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

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 …

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

Democracy At Risk: Domestic Terrorism And Attack On The U.S. Capitol, Lawrence J. Trautman

Seattle University Law Review

The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the Capitol Building. It is now known that at least 138 law enforcement officers suffered from or received burns, concussions, rib fractures, heart attack—and at least five deaths are attributed to this insurrection. More than 725 individuals are subsequently charged for their role in this …

Restoring Faith In Military Justice, Eleanor T. Morales, John W. Brooker

Connecticut Law Review

The military justice system was designed to maintain good order and discipline, strengthen national security, and achieve justice. After military leaders failed to effectively address the sexual assault crisis within the armed forces, Congress lost faith in this system. In response, Congress enacted sweeping legislative reform, transferring prosecutorial discretion for the most serious offenses from commanders to military lawyers. Unlike civilian prosecutions, most decisions within the military justice system have overwhelmingly favored one consideration: maintaining good order and discipline in the unit. While Congress’s reforms change who makes the decisions in many cases, they will have little effect unless military …

The Use And Abuse Of Domestic National Security Detention, Nicole Hallett

Seattle University Law Review

Are people convicted of terrorism-related offenses so dangerous that we must bend the Constitution to keep the public safe? Or should we treat them like people who commit other crimes—by prosecuting, convicting, sentencing, and then releasing them after they have served their criminal sentences? Can we trust the government to use the power to detain people without criminal charge without abusing it? The case of Adham Amin Hassoun raises these questions. Prosecuted after 9/11 for providing support to Muslims abroad in the 1990s, and sentenced under the United States’ expansive material support laws, Hassoun avoided a life sentence only to …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Reparations, Or Hush Money?, Christina Glekas

Journal of Race, Gender, and Ethnicity

No abstract provided.

Twenty-First Annual International Advocate For Peace Award, Honoring William Ury, Samuel Ditchek, Alexandra Sandler, William Ury

Cardozo Journal of Conflict Resolution

On March 11, 2022, the Cardozo Journal of Conflict Resolution presented the twenty-first annual International Advocate for Peace Award to William Ury. The following is a transcript of the event's speeches.

Table Of Contents

Seattle University Law Review

Table of Contents

Duty To Impair: Failure To Adopt The Federal Rules Of Evidence Allows The Va To Rely On Incompetent Examiners And Inadequate Medical Examinations, 90 Umkc L. Rev. 511 (2022), Yelena Duterte

UIC Law Open Access Faculty Scholarship

No abstract provided.

Review Of Veterans Law Decisions Of The Federal Circuit, 2021 Edition, 71 Am. U. L. Rev. 1619 (2022), Angela Drake, Yelena Duterte, Stacey Rae Simcox

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

The Oslo Accords: A Modern-Day Story Of Occupation Told Through Violations Of The Right To Freedom Of Privacy, Catherine Demetrovich

Indiana Law Journal

The Israeli-Palestinian conflict began in the early 1900s when the disputed land, what is now the West Bank and the Gaza Strip, fell under British rule. After the Six- Day War in 1967, Israel took control of the West Bank, Golan Heights, and the Gaza Strip. Since then, tensions between Israel and Palestine have continued to grow. This Note explores a modern-day occupation question: Israel’s control over Palestine’s information and communication technology (ICT) sector. Along with privacy and human rights violations, Israel’s control is in direct violation of the Oslo Accords— guaranteeing Palestinians limited self-governance in Gaza and the West …

Action Pénale Et Action Disciplinaire: The Origins And Current Activities Of The Criminal And Disciplinary Law Committee Of The International Society For Military Law And The Law Of War, Frank Rosenblatt

Journal Articles

The pinnacle events of the International Society for Military Law and the Law of War (ISMLLW, or Society) are the Congresses. Occurring triennially, the Congresses are the Society’s largest meetings and academic exchanges. The Congresses usually attract hundreds of participants – especially military legal officers, academics, and government officials – from countries around the world. The Congresses, more than any other fora, have grown to become the places to ‘see and be seen’ and to exchange ideas on military law and the law of war.

Top Ten Practice Tips For Discharge Upgrades, Judy Ann Clausen, Colleen E. Miller, Danica Gonzalves

UF Law Faculty Publications

One of the most impactful ways attorneys can serve those who have served is to assist veterans with discharge upgrades. The military branches, especially the Marines, are issuing an increasing percentage of Other Than Honorable Discharges, leaving many veterans in need of this assistance. For years, the U.S. Department of Defense (“DoD”) issued Less Than Honorable Discharges based on the veteran’s diagnosis of a personality disorder, a condition that cannot be service-connected for VA purposes. Instead, many of these service members suffered from service-connected PTSD which caused misconduct such as self-medication with drugs, or missing or showing up late for …

How Do You Value A Victim? Victim Impact Statements In Military Sexual Assault Trials, Chris Cox

Scholarly Works

This Article examines a timely and important issue — the use of Victim Impact Statements (VIS) in criminal trials and, more specifically, in military courts-martial. The right for victims of offenses to provide VIS has existed in the United States for approximately three decades. However, the military’s implementation of similar rights for victims has languished, with the advent of the right for a victim to provide a VIS having been implemented only within the last decade. Relying on legal precedent in the form of appellate case decisions and qualitative assessments of trial court records, this article explores the current state …