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Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Next National Defense Strategy: Mission-Based Force Planning, Frank G. Hoffman

The US Army War College Quarterly: Parameters

The Pentagon needs to embrace a new methodology called mission-based planning to size and shape the defense enterprise properly. This article critiques several proposals for reestablishing the long-standing two major theater war construct in the face of ongoing shifts in the strategic environment, including the nation’s $36 trillion debt and prospects of annual interest payments beyond $1 trillion. It presents a mission priority alternative focused on strategic prioritization based on the authors’ four decades of experience in strategy/force planning at the service, the department, and the Office of the Secretary of Defense levels. Strategic-level service planners and students of Joint …

Strategic Narratives To Counter Global Threats, Jerry E. Landrum, Chase Metcalf, Michael M. Posey

The US Army War College Quarterly: Parameters

This article argues that the current National Security Strategy lacks the necessary coherence and fidelity to mobilize collective action against the emerging Russia-China axis. It merges multiple theoretical concepts to assert that the “rules-based order” theme is insufficient for mobilizing public support. Using textual analysis of the strategy compared with publicly available polling to determine levels of popular resonance, the authors find that the “rules-based order emphasis” does not resonate. This study’s conclusions will assist practitioners as they develop an updated National Security Strategy in the new presidential administration.

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific Challenges, Russia-Ukraine Issues, and Historical Studies).

China’S Role In A Future Korean War, Jake Rinaldi

The US Army War College Quarterly: Parameters

This article argues that China’s intervention in a Korean conflict will hinge more on North Korea’s ability to hold territory than on bilateral ties. Rather than treat Chinese intervention as a yes-or-no proposition, this study models three scenarios—full intervention, sustained support, and limited support—based on North Korean resilience. Using Chinese-language sources and scenario-based analysis, it assesses how each model would shape key functional areas such as ISR, cyber, materiel, and force posture. The findings offer US defense planners a framework for anticipating variable People’s Liberation Army involvement in a future Korea contingency.

Securing Americans' Genetic Information: Privacy And National Security Concerns Surrounding 23andme's Bankruptcy Sale. Hearing Before The House Committee On Oversight And Government Reform, United States House Of Representatives, 119th Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.

Houthi Maritime Terrorism: Severing The Iranian Lifeline, Raul (Pete) Pedrozo

International Law Studies

The Houthis have carried out an unprecedented assault on commercial shipping and foreign warships operating in international waters off the Arabian Peninsula that has changed the face of maritime terrorism. These waters are a strategic corridor that facilitates international trade and the movement of naval forces from Europe and the Americas to the Middle East and Asia via the Suez Canal. As a result of the Houthi attacks, most shipping companies rerouted their vessels around Africa via the Cape of Good Hope, which adds significant costs and adversely affects the global supply chain, increasing inflation, and exacerbating food insecurity in …

Nato Self-Defense – Is Article 5 The Right Framework For Responding To Sub-Kinetic Cyber Aggression?, Shreyas Kumar, Gary D. Brown, Srividhya Ragavan, Maddalena Cerrato, Gourav Nagar

Faculty Scholarship

Cyber aggression presents a significant challenge to traditional frameworks of collective defense, particularly under Article 5 of the NATO Washington Treaty, which obligates member states to respond collectively to an "armed attack." While NATO has acknowledged that cyber incidents may trigger Article 5, ambiguity persists over what constitutes a cyber "armed attack," especially in the absence of kinetic effects. This uncertainty complicates NATO’s ability to address increasingly prevalent sub-kinetic cyber threats, such as economic disruption, data manipulation, and interference in democratic processes. Unlike conventional military threats, cyber operations often fall below the traditional threshold of armed conflict while still exerting …

How Domestic Institutions Shape The Global Tech War, Anu Bradford, Eileen Li, Matthew C. Waxman

Faculty Scholarship

The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function of its internal features, including basic constitutional powers, domestic legal institutions, and the relationships between the government and …

Selected Artificial Intelligence Provisions In U.S. Fiscal Year 2025 National Defense Authorization Act, Bert Chapman

Libraries Faculty and Staff Presentations

The 2025 Fiscal Year National Defense Authorization Act contains multiple provisions relating to artificial intelligence (AI). These congressionally mandated provisions direct various sections of the Department of Defense (DOD) and individual U.S. armed service branches to execute congressional intent for AI policymaking. Examples of such intent include identifying and planning DOD's AI workforce, demonstrating AI biotechnology applications for national security, improving the human usability of AI systems, and establishing an AI security center. This presentation will note that reports on these initiatives must be prepared for relevant congressional oversight committees, and, in many cases, are in many cases, publicly released …

Re-Envisioning Nuclear Deterrence, Raul (Pete) Pedrozo

International Law Studies

This article examines whether the U.S. nuclear umbrella provided to allies is currently viable and whether it is time for the United States to share nuclear weapons technology with its allies in the Asia-Pacific to counter the growing nuclear threat posed by China, North Korea, and Russia. The article discusses the current capabilities and nuclear doctrine of States possessing nuclear weapons, as well as Iran’s nascent nuclear weapons program. It then discusses the current international law and regulatory regime applicable to nuclear weapons. It analyzes the threats posed by China’s and Russia’s nuclear capabilities, and how they affect U.S. nuclear …

A Rendezvous In Outer Space Law: The Challenge Of Establishing Binding Regulations For Dual-Use Capabilities, Chelsea Merrill

St. John's Law Review

(Excerpt)

When the Soviet Union launched Sputnik in 1957, it was not only a significant leap forward in the Space Race with the United States, but also the catalyst for a series of international treaties that would serve as the foundations of outer space law. In the last decade, the world has seen similar technological leaps in the commercial sector. Elon Musk’s SpaceX has launched spacecraft with all civilian crews while Jeff Bezos and Richard Branson aim to expand the market for commercial space flights. Lockheed Martin is one of many companies looking to offer commercial services for maintaining satellites …

Recent U.S. Government Policy Literature On Critical And Strategic Minerals, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Critical and strategic minerals have become increasingly important in U.S. government civilian and military policymaking in recent years. This is demonstrated by the heavy use of such minerals in many critical civilian and military infrastructures. This work will discuss how this subject has been addressed in laws, presidential documents, and works by government agencies along with congressional oversight committees and support agencies. It will stress how the United States is heavily dependent on strategic minerals from adversarial foreign countries such as China and will examine U.S. efforts to increase its ability to produce such materials in the United States by …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Second Report On Immunity Of State Officials From Foreign Criminal Jurisdiction By Claudio Grossman Guiloff, Special Rapporteur, Claudio Grossman

Research Reports & White Papers

In keeping with the approach adopted by the Special Rapporteur in his first report, the purpose of the present report is to make proposals for the modification of the draft articles and commentaries, where necessary, on the basis of the comments made by States. It is also intended to complement the draft articles and commentaries with references to new developments in international law that have taken place since the draft articles were adopted on first reading. The scope of the present report will be limited to the text of draft articles 7 to 18 and the draft annex, as well …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

Canadian Security Intelligence Service (Csis), Bert Chapman

Libraries Faculty and Staff Presentations

April 24, 2025 presentation for Canada's GovInfo Day Spring 2025 hosted by Simon Fraser University in British Columbia and Internet Archive Canada. Provides information about the publicly available information resources produced by the Canadian Security Intelligence Service (CSIS) which is the Canadian Government's foremost national intelligence agency. Provides information about this agency's statutory organization, types of publicly available reports they produce, information about other Canadian government intelligence agencies, and parliamentary oversight of Canadian government intelligence operations. Lists additional resources for finding information about CSIS and explains the benefits of having access to these resources for users.

Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt

Law Faculty Scholarship

Everyone can invest in the heavily regulated registered (or public) securities market, but the more lightly regulated unregistered securities markets are more restricted. The most important unregistered securities market for capital-raising purposes is Rule 506 of Regulation D, which has grown to become the United States’ largest capital-raising market. Far more capital is raised each year in Rule 506 offerings than registered offerings, and the Rule 506 market is where many of the country’s highest-growth (and highest-return) entrepreneurial companies sell their securities. But most Americans are excluded from investing in the Rule 506 market because it is fundamentally restricted to …