National Security Law Commons^™

The Conventionality Of Russia's Unconventional Warfare, Patrick J. Savage

The US Army War College Quarterly: Parameters

No abstract provided.

Russia's Frozen Conflicts And The Donbas, Erik J. Grossman

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Stuff Happens: Understanding Causation In Policy And Strategy, Andrew A. Hill, Stephen J. Gerras

The US Army War College Quarterly: Parameters

No abstract provided.

Fighting Russia? Modeling The Baltic Scenarios, Ben S. Wermeling

The US Army War College Quarterly: Parameters

No abstract provided.

Russia's Military And Security Privatization, Christopher R. Spearin

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Comparative Strategy In Professional Military Education, Jean-Loup Samaan

The US Army War College Quarterly: Parameters

No abstract provided.

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Reconsidering Selective Conscientious Objection, Andrew J. Haile

University of Richmond Law Review

In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …

The Virtues Of Abstention: Separation Of Powers In Al-Nashiri Ii, Nicholas A. Dimarco

St. John's Law Review

(Excerpt)

Part I examines various scholarly approaches to judicial deference, then considers deference in the context of military commissions. In Part II, the history of military commissions in the United States is examined, paying particular attention to the extended dialogue among the coordinate federal branches that created the system currently in operation. The decision in Al-Nashiri II not to adjudicate a collateral attack on one of these commissions is the focus of Part III. That Part embraces the underlying jurisdictional challenge at stake in Al-Nashiri II, the development of abstention doctrine generally and as applied to the current commissions, …

Right Vs. Right: Personal Beliefs Vs. Professional Obligations, Linell A. Letendre, Martin L. Cook

The US Army War College Quarterly: Parameters

No abstract provided.

Commentary And Reply, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Us Landpower And An Indo-American Alliance, Samir Tata

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Emory Upton And The Us Army, Paul C. Jussel

The US Army War College Quarterly: Parameters

No abstract provided.

Ltg Mafarland: Insights On Illusions Of Victory And Iraq, Russell W. Glenn

The US Army War College Quarterly: Parameters

No abstract provided.

Avoiding Nation-Building: From Nixon To Trump, Dominic Tierney

The US Army War College Quarterly: Parameters

No abstract provided.

Countering Russian Meddling In Us Political Processes, James P. Farwell

The US Army War College Quarterly: Parameters

No abstract provided.

Countering Russian Disinformation, Timothy P. Mcgeehan

The US Army War College Quarterly: Parameters

No abstract provided.

Victory Without Casualties: Russia's Information Operations, T. S. Allen, A. J. Moore

The US Army War College Quarterly: Parameters

No abstract provided.

Brexit And The Anglo-American Security And Defense Partnership, James K. Wither

The US Army War College Quarterly: Parameters

No abstract provided.

Brexit And Transatlantic Security, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi

Reviews

The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our thinking …

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.

What's So Great About The Declare War Clause?, Matthew C. Waxman

Faculty Scholarship

I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient about many things, but the strategy and politics of war were not among them. Second, modern constitutional critics of an imperial presidency place too much weight on the declare war clause – and especially Madison’s statements about it. Madison, indeed, worried deeply about unchecked presidential war powers. But Feldman’s book shows that Madison did not emphasize the same risks and checks so often ascribed to him today, especially by …

Congressional Authorization Of The Campaign Against Isil, Tyler Salway

Indiana Law Journal

I. THE BIRTH OF ISIL

II. CONGRESSIONAL AUTHORIZATION

A. EXPRESS AUTHORIZATION

1. METHODS OF INCLUSION

2. ISIL’S INCLUSION UNDER THE 9/11 AUMF

B. IMPLICIT AUTHORIZATION

III. ISIL AND THE TRUMP PRESIDENCY

CONCLUSION

Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt

Faculty Articles

In this Essay, I first describe and analyze the two core laws that provide for the military’s legal organizational framework: the National Security Act of 1947 and the Goldwater-Nichols Act of 1986. Second, I highlight one example—the rise of special operations forces and covert action—where existing laws may be inadequate to restrain military action.