National Security Law Commons^™

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon

University of Miami Law Review

No abstract provided.

The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman

University of Miami Law Review

No abstract provided.

After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger

University of Miami Law Review

No abstract provided.

War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh

University of Miami Law Review

No abstract provided.

The Power Over War, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.

"Little Wars" And The Constitution, Jules Lobel

University of Miami Law Review

No abstract provided.

Ely, Black, Grotius & Vattel, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.

War Powers And Congress, Dante Fascell

University of Miami Law Review

No abstract provided.

Collective Force And Constitutional Responsibility: War Powers In The Post-Cold War Era, Jane E. Stromseth

University of Miami Law Review

No abstract provided.

Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh

University of Miami Law Review

No abstract provided.

Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosch

Faculty Scholarship

My first opportunity to read John Hart Ely's ideas on war powers came in 1988, when he published the antecedent of one chapter of War and Responsibility as an article in the Columbia Law Review titled Suppose Congress Wanted a War Powers Act that Worked. The punctuation – without a question mark – makes an important point: The verb "suppose" invites us not to speculate about a counterfactual hypothetical, but rather to assume that Congress must want its own creation to work. Professor Ely's project was to show Congress how to fix it.

But it was already evident in 1988, …

Commentary On William V. O'Brien's "Just War Doctrine's Complementary Role In The International Law Of War", William G. Eckhardt

Faculty Works

No abstract provided.

Executive Detention In Time Of War, Richard A. Posner

Michigan Law Review

A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurulé

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

The Command And Control Of United Nations Forces In The Era Of "Peace Enforcement", James W. Houck

Faculty Scholarship

This Article explores how concerns regarding the United Nations' authority to make political, strategic, and operational decisions that comprise the right to command and control UN forces might be reconciled within the framework of the United Nations Charter to create a contemporary and more enduring regime for the command and control of United Nations forces. As Part II demonstrates, command and control issues are not new to the United Nations; indeed, in 1945 the signatories to the United Nations Charter created a model for the command and control of United Nations forces.

While the cold war ensured that this model …

The New Military Revolution: Post-Industrial Change, Antulio J. Echevarria Ii, John M. Shaw

The US Army War College Quarterly: Parameters

No abstract provided.

Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.

Michigan Journal of International Law

This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …

The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine

Cardozo Law Review

No abstract provided.

Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article proposes, as a new element of the "liberal internationalism" that should characterize the post-Cold War world, a simultaneous solution to these three problems. The nations of the world should negotiate a series of multilateral agreements to stop the spread of advanced weaponry, and include in each of them, as an overt incentive for developing states to accept the disarmament and verification obligations, provisions that explicitly require the affluent, developed states to make specified monetary and in-kind transfers to the third world parties. The new regime should also provide stronger-than-customary treaty procedures for clarifying ambiguities, adjudicating claims, and resolving …

Back To The Future And Up To The Sky: Legal Implications Of ‘Open Skies’ Inspection For Arms Control, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States, the Soviet Union, and their respective allies are currently engaged in the negotiation of a new arms control agreement on "Open Skies," reviving a failed concept from the 1950s. The treaty would permit each country to overfly the others on short notice and with great frequency, and to use diverse, sophisticated sensors to photograph key military and defense-related installations. This type of mutual intelligencegathering arrangement offers great advantages for national security and global stability, reducing the possibility of surprise attack and accordingly mitigating the necessity for maintaining large, offsetting military deployments. At the same time, however, the …

The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll

Michigan Journal of International Law

The recent Palestinian uprising in the Israeli Occupied Territories, otherwise known as the Intifadah, has brought greater attention to Israel's security measures. Specifically, the Intifadah has raised questions of the efficacy and legality of Israel's attempts to control the local population by means criticized by many as overly heavy-handed. One such practice employed by the Israelis is the demolition or sealing of houses in which a resident is believed to have committed a political or violent act against the interests of the State of Israel. The intent of this paper is to examine the legality of the destruction of houses …

Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Chemical warfare has long been considered a particularly loathsome form of combat. The specter of unprotected soldiers and nearby noncombatants incapacitated or killed within moments by invisible, silent, odorless vapors discharged by a far-distant enemy has terrified many, and has also energized repeated international attempts to prohibit, or at least to moderate, these applications of deadly science.

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince

Michigan Journal of International Law

This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …

The Army's Command Sergeant Major Problem, John C. Bahnsen, James W. Bradin

The US Army War College Quarterly: Parameters

No abstract provided.

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

Collectively we face no greater challenge than maintaining sensible perspectives on national security issues. Central to this task is the need to achieve a tolerable balance between secrecy and openness in public debate on such issues. There are real threats to our nation, and we would be foolish to ignore them; history teaches that no culture is guaranteed survival. Yet, how to respond to such threats must be profoundly controversial. The virtue of liberal society is that it values highly the realization of private preferences; the sacrifice of those desires to attain another's vision of collective security will never be …

Insurgency And Counterinsurgency: The Role Of Strategic Theory, Charles Maechling Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Contemporary Social Problems, Georgia Briscoe

Publications

No abstract provided.