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Articles 901 - 930 of 1646
Full-Text Articles in National Security Law
The History Of Veterans Benefits: From The Time Of The Colonies To World War Two, Mariano Ariel Corcilli
The History Of Veterans Benefits: From The Time Of The Colonies To World War Two, Mariano Ariel Corcilli
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Editor In Chief Comment And Acknowledgments
Editor In Chief Comment And Acknowledgments
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Computer Fraud And Abuse Act: Protecting The United States From Cyber-Attacks, Fake Dating Profiles, And Employees Who Check Facebook At Work, Kristin Westerhorstmann
The Computer Fraud And Abuse Act: Protecting The United States From Cyber-Attacks, Fake Dating Profiles, And Employees Who Check Facebook At Work, Kristin Westerhorstmann
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Too Few Cadavers: How The Law Is Limiting Army And Civilian Surgical Training, Tara M. Irani
Too Few Cadavers: How The Law Is Limiting Army And Civilian Surgical Training, Tara M. Irani
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer
Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer
Indiana Law Journal
“We are a nation of laws, not men.” This motto—made famous by the Supreme Court case Marbury v. Madison1—has existed since the founding of the United States. This maxim embodies the sentiment that, in order to prevent tyranny, citizens should be governed by fixed law rather than the whims of a dictator. In his decision, Chief Justice John Marshall did not qualify his remarks by saying, “we are a nation of laws, except in time of war.” Indeed with the modern U.S. military, Cicero’s observation that “[l]aws are inoperative in war” has never been further from the truth. Never before …
Kick The Door Down With Airsea Battle…Then What?, Martin N. Murphy
Kick The Door Down With Airsea Battle…Then What?, Martin N. Murphy
The US Army War College Quarterly: Parameters
No abstract provided.
Commentary And Reply, Usawc Press
Commentary And Reply, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Security Assistance In Africa: The Case For Less, Kersti Larsdotter
Security Assistance In Africa: The Case For Less, Kersti Larsdotter
The US Army War College Quarterly: Parameters
No abstract provided.
Socio-Cultural Intelligence And National Security, Robert R. Tomes
Socio-Cultural Intelligence And National Security, Robert R. Tomes
The US Army War College Quarterly: Parameters
No abstract provided.
Intellectual Capital: A Cautionary Note, Anna Simons
Intellectual Capital: A Cautionary Note, Anna Simons
The US Army War College Quarterly: Parameters
No abstract provided.
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
Intellectual Capital: A Case For Cultural Change, Everett S. P. Spain, J. D. Mohundro, Bernard B. Banks
Intellectual Capital: A Case For Cultural Change, Everett S. P. Spain, J. D. Mohundro, Bernard B. Banks
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Beyond Information Sharing: Nato And The Foreign Fighter Threat, John R. Deni
Beyond Information Sharing: Nato And The Foreign Fighter Threat, John R. Deni
The US Army War College Quarterly: Parameters
No abstract provided.
Has The United States Lost The Ability To Fight A Major War?, Steven Metz
Has The United States Lost The Ability To Fight A Major War?, Steven Metz
The US Army War College Quarterly: Parameters
No abstract provided.
Security Assistance In Africa: The Case For More, Kristen A. Harkness
Security Assistance In Africa: The Case For More, Kristen A. Harkness
The US Army War College Quarterly: Parameters
No abstract provided.
Insider Threats And Organizational Root Causes: The 2009 Fort Hood Terrorist Attack, Amy Zegart
Insider Threats And Organizational Root Causes: The 2009 Fort Hood Terrorist Attack, Amy Zegart
The US Army War College Quarterly: Parameters
No abstract provided.
And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman
International Human Rights Law Journal
Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
International Law Studies
The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …
Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski
Seattle University Law Review
Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United States Air …
Panel I--General Discussion, Georgia Journal Of International And Comparative Law
Panel I--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Standards For Intervention In Internal Conflicts, John N. Moore
Legal Standards For Intervention In Internal Conflicts, John N. Moore
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction, Bernard A. Ramundo
Introduction, Bernard A. Ramundo
Georgia Journal of International & Comparative Law
No abstract provided.
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …
Law Of War Developments Issue Introduction, David Glazier
Law Of War Developments Issue Introduction, David Glazier
Loyola of Los Angeles Law Review
No abstract provided.
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
Loyola of Los Angeles Law Review
The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Autonomous Weapons And Accountability: Seeking Solutions In The Law Of War, Kelly Cass
Loyola of Los Angeles Law Review
Autonomous weapons are increasingly used by militaries around the world. Unlike conventional unmanned weapons such as drones, autonomous weapons involve a machine deciding whether to deploy lethal force. Yet, because a machine cannot have the requisite mental state to commit a war crime, the legal scrutiny falls onto the decision to deploy an autonomous weapon. This Article focuses on the dual questions arising from that decision: how to regulate autonomous weapon use and who should be held criminally liable for an autonomous weapon’s actions. Regarding the first issue, this Article concludes that regulations expressly limiting autonomous weapon use to non-human …
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Loyola of Los Angeles Law Review
Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …