National Security Law Commons^™

Drones At Home: Domestic Drone Legislation -- A Survey, Analysis And Framework, Colonel Dawn M.K. Zoldi

University of Miami National Security & Armed Conflict Law Review

Can the government employ drones domestically without running roughshod over personal privacy? In an effort to preemptively rein in potential government overreach, most states have proposed legislation that restricts or forbids government drone use. The intent is to prevent drone use for warrantless information and evidence collection. Ironically, many of these proposals will have the opposite affect intended. State-­‐by-­‐state drone legislation may lead to consequences such as the erosion of Fourth Amendment jurisprudential principles, losses of life and property, procedural windfalls to criminals, and deleterious effects on the military.

Lawmakers should take a nuanced approach to government drone use rather …

Biodefense And Constitutional Constraints, Laura K. Donohue

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, Marc Edward Rosenthal

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Lost In Translation: The Accidental Origins Of Bond V. United States, Kevin L. Cope

Michigan Law Review First Impressions

One of the unusual features of cases about the constitutionality of federal statutes is that they are nearly always foreseeable. Even before the bill’s introduction in Congress, lawmakers are often aware that they are inviting a federal lawsuit. Anticipating a legal challenge, legislators and their staffs attempt to predict the courts’ views of the statute and adapt the bill accordingly. Generally speaking, the bigger the bill’s potential constitutional impact, the more foreseeable the resulting case. By this logic, jurists should have seen the constitutional issues in Bond v. United States from a mile away. In reality, they were foreseen by …

What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin

University of Michigan Journal of Law Reform

The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be reasonable …

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …

The Difference Prevention Makes: Regulating Preventive Justice, David Cole

Georgetown Law Faculty Publications and Other Works

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a ‘‘paradigm of prevention,’’ employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pre textual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and …

Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

China's North Korea Policy: Rethink Or Recharge?, Andrew Scobell, Mark Cozad

The US Army War College Quarterly: Parameters

No abstract provided.

Forking Paths: War After Afghanistan, Michael Evans

The US Army War College Quarterly: Parameters

No abstract provided.

Predicting Future War, Robert A. Johnson

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.

Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard

The US Army War College Quarterly: Parameters

No abstract provided.

Pakistan's Changing Counterterrorism Strategy: A Window Of Opportunity?, Michael Spangler

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters – Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

The New Cold War: A Way Ahead for US Strategy by Michael G. Roskin Options for Avoiding Counterinsurgencies: Learning from Afghanistan by David H. Ucko and Robert C. Egnell Rethinking Small-Footprint Interventions: Thomas Schelling's “Tipping” Points by Stephen Watts and Stephanie Pezard Pakistan’s Changing Counterterrorism Strategy: A Window of Opportunity? by Michael Spangler China's North Korea Policy: Rethink or Recharge? by Andrew Scobell and Mark Cozad Predicting Future War by Robert Johnson Forking Paths: War After Afghanistan by Michael Evans The National Guard as a Strategic Hedge by James D. Campbell Reserve Component Costs: A Relook by James “Rick” Morrison

The New Cold War, Michael G. Roskin

The US Army War College Quarterly: Parameters

No abstract provided.

The National Guard As A Strategic Hedge, James D. Campbell

The US Army War College Quarterly: Parameters

No abstract provided.

Reserve Component Costs: A Relook, Rick Morrison

The US Army War College Quarterly: Parameters

No abstract provided.

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Review Essays, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Reconciling Energy And Food Security Law, Rhett B. Larson

University of Richmond Law Review

This article argues that making "water security" a more predominant policy aim can help reconcile and integrate energy security and food security. Water security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable water, combined with acceptable levels of water-related risks (e.g., drought, flood, and water-related plagues).

The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo

International Law Studies

This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.

Of Relevance And Reform Under Section 215, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Human Trafficking Is One Of The Cruelest Realities In Our World, Chairman Ileana Ros-Lehtinen

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

U.S. Southern Command's Role In Combatting Illicit Trafficking, Colonel Daniel Lecce, Lieutenant Commander Brendan Gavin, Captain Laura Corbin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Commentary: Transnational Organized Crime In The Maritime Domain, And Broader Considerations For The United States' Interagency, Captain James D. Carlson, Lieutenant Timothy Cronin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Transnational Influences On Financial Crime, Jeremy Kuester

University of Miami National Security & Armed Conflict Law Review

Transnational Crime can loosely be defined as a crime that occurs across borders and is differentiated from domestic and international crime by the absence of a single sovereign or supranational power that has absolute jurisdiction over the crime. The dynamics of actors in transnational spaces, as well as the lack of a clear enforcing authority in such spaces, creates significant challenges to efforts to disrupt and deter transnational crime. Addressing these types of crimes requires a holistic approach from state and non-­‐state actors using a variety of tools, many of which are not traditionally law enforcement in nature. Focusing on …

Promoting Partnerships To Combat Illicit Trafficking, Celina Realuyo

University of Miami National Security & Armed Conflict Law Review

No abstract provided.