National Security Law Commons^™

Words Matter: The Rhetoric Of National Security And The Reality Of Individual Rights, Christopher J. Borgen

Journal of Civil Rights and Economic Development

(Excerpt)

While the meanings of words can be flexible or contested, they are not infinitely pliable. These limits on words and their uses help define the outer bounds of legitimate state action. However, even the written law is only as stable as our interpretation of what those words mean. There is the risk that a deliberate and persistent misuse of words by states and other actors can eventually change our understanding of the law it.

Some of my work has analyzed the use of words and phrases such as “self-determination,” “sovereignty,” and “secession.” But, in this Essay, I focus on …

International Law Situations: Blockade, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the right of belligerents to establish and enforce a blockade and the right to conduct visit and search of enemy and neutral merchant ships globally outside neutral waters.

International Law Situations: Belligerent Straits, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the measures that belligerents may take to regulate navigation by neutral and belligerent shipping through international straits. Iran has imposed several illegal measures on neutral shipping in the Strait of Hormuz to manage transits through the strait, to include the imposition of tolls, establishment of a prior permission regime, and closure of the strait. This Situation analyzes Iran's actions under international law.

The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, the United States has intensified regulatory oversight of cryptocurrency technologies. In August 2022, the Treasury Department's Office of Foreign Assets Control sanctioned Tornado Cash, a cryptocurrency mixer, leading to the prosecution and conviction of its developers for operating an unlicensed money transmitting business. Congress also amended § 6050I of the Tax Code through the Infrastructure Investment and Jobs Act, extending cash transaction reporting requirements to digital assets. These developments prompted cryptocurrency advocates to assert First Amendment protections for their activities, arguing that compelled disclosure requirements violate associational privacy and that computer code constitutes protected speech. The government …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Summer 2026 issue of Parameters, which consists of two In Focus special commentaries, three forums (Indo-Pacific, Strategy, and Historical Studies) and the Strategic Competition Corner.

Rethinking Power: E. H. Carr’S Enduring Lessons For Modern Strategists, Brian J. Hasse

The US Army War College Quarterly: Parameters

This article argues E. H. Carr’s classic conception of power provides enduring lessons for national security, but these lessons are easily lost in application. Unlike much of the existing literature, this article emphasizes how modern conceptions of power convey an illusion of balance, while the national security bureaucracy constrains the effective synchronization of power. The analysis leverages both historical and contemporary case studies to identify what a balanced conception of power looks like in practice, with the hope of informing US national security strategy and policy in today’s complex security environment.

Turning Tactical Victories Into Strategic Success: Counterinsurgency In The Irish Civil War, 1922–23, Gareth Prendergast, John A. Nagl

The US Army War College Quarterly: Parameters

The fundamentals the Irish National Army used in the Irish Civil War (1922–23) are a model for the successful application of a classic counterinsurgency which, if understood earlier, could have made a difference in the United States’ most recent wars in Iraq and Afghanistan. The Irish Civil War has not been examined in-depth through the lens of modern counterinsurgency doctrine. This article draws on military history and recent counterinsurgency doctrines to provide US policymakers and military practitioners practical guidance for how counterinsurgent forces can foster trust and use appropriate tactics that lead to strategic success.

Geopolitical Chessboard: How Vietnam Shapes American-Chinese Competition, Kiet H. Lê, Hiep X. Trần

The US Army War College Quarterly: Parameters

Vietnam’s geostrategic position—bordering China and commanding key South China Sea maritime routes—makes it a pivotal actor in shaping great-power competition in Southeast Asia. This article argues that the United States should support Vietnam’s neutrality and strategic autonomy as a means of countering Chinese influence. Unlike prior studies that portray regional states as passive players, this analysis highlights Vietnam’s active role in influencing regional dynamics. Through comparative analysis with the Philippines, using historical case studies, geographic assessments, and policy reviews, the article offers practical insights for military and policy practitioners on how geography shapes alliance formation and strategic competition.

Key Themes In Sino-American History, David J. Lorenzo, Ian Murphy

The US Army War College Quarterly: Parameters

This article examines how historical narratives shape the messaging of the Chinese Communist Party and the People’s Republic of China, particularly regarding Sino-American relations. It identifies three key historical themes—trade, discriminatory policies, and Taiwan—that are frequently invoked in China’s statements and information campaigns. By contextualizing these themes, the article argues that military and national security professionals need a deeper understanding of Sino-American history to interpret China’s messaging correctly and counter its influence effectively. The article advocates for the integration of Sino-American historical content into professional military education curricula to enhance strategic awareness and policy formulation.

How Is Going To War Like Buying A Car?: The Bargaining Model Of War, Richard R. Johnson

The US Army War College Quarterly: Parameters

The bargaining model of war, a popular, yet complex international relations theory, emphasizes how nations communicate signals regarding military strength, resolve to fight, and foreign policy goals. Since the military plays a major role in communicating these signals, its leaders should understand this theory, despite its complexities. This article explains the model and its components through the used car sale bargaining process and supplements the analogy with real-world examples of international events. This article will help military and foreign policy professionals easily grasp the concepts of the model.

Parameters, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

A New Security Framework For Nato’S Eastern Flank, Matthew J. Kukla, Anna Batta

The US Army War College Quarterly: Parameters

This article argues for a NATO-EU–led security strategy to achieve long-term deterrence in Ukraine after the end of the Russia-Ukraine War. Unlike existing analyses, this article straddles the strategic level of deterrence, outlining an operational road map. Its historical example of the Iraq War shows that long-term security requires the development of plans before a conflict ends, long-term commitments, and multilateral—not unilateral—security efforts. The proposed solution provides strategic planners and policymakers with a low-risk, high-reward approach that leverages burden sharing through a multinational framework.

Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Glomar Of It All: The Role Of External Disclosures In Agency Refusals To Confirm Or Deny Under Foia, Claire Paulanne Kurzweil

Fordham Law Review

The Freedom of Information Act (FOIA) requires federal agencies to disclose records upon request from the public, subject to statutory exemptions. Increasingly, agencies have relied on a nonstatutory mechanism, known as the Glomar response, to avoid disclosure. This mechanism, which allows agencies to refuse to confirm or deny the very existence of records, prevents courts and FOIA requesters from receiving even the basic information necessary for judicial review. As courts attempt to adapt FOIA’s review framework to the increased evidentiary constraints of Glomar responses, they are divided over whether to consider disclosures from outside the agency responding to the FOIA …

Digital Deterrence Through Financial Controls: Anti-Money Laundering Laws, Lawfare, And The Prc Cyber Threat, Owen T. Tremblay

William & Mary Law Review

This Note argues that anti-money laundering (AML) laws have the potential to serve as powerful tools in disrupting and degrading the support networks that enable and sustain PRC offensive cyber operations. [...] Part I provides an overview of the PRC’s cyber force structure and the national objectives it seeks to achieve through state-sponsored cyber operations. Part II examines the existing legal mechanisms employed to combat PRC MCA [Malicious Cyber Activity], including criminal charges, sanctions, export controls, investment restrictions, civil lawsuits, and other regulatory measures. Part III introduces AML laws as an additional tool in the legal and regulatory toolkit used …

Are Anti-Corruption Sanctions The New Fcpa? A Comparison Of The Foreign Corrupt Practices Act, The Foreign Extortion Prevention Act, And Sanctions, Karen Peters-Van Essen

Faculty Law Review Articles

With the rise of globalization, international corruption has been linked to a host of economic and social ills, including inter-state conflict.  By 2021, the U.S. government had identified corruption for the first time as a national security threat that required a broader range of inter- and cross- governmental policy tools to address the identified scope of the problem.  This national security focus was reinforced with the Russian invasion of Ukraine in 2022, which has been seen as being facilitated by corrupt oligarchs.  To be sure, the U.S. had decades prior passed the Foreign Corrupt Practices Act, which prohibits U.S. businesses …

The Game Pattern And Related Thoughts In The Implementation Of The U.S. Intelligence Reform And Terrorism Prevention Act, Zhongjian Hu, Peng Cao

Journal of Scientific Information Research

[Purpose/significance] To summarize the implementation of the US Intelligence Reform and Terrorism Prevention Act(IRTPA), and to comprehensively examine the contemporary disputes surrounding the IRTPA,and the power expansion and checks and balances of US intelligence agencies, is beneficial for further understanding the evolution of the US intelligence legal framework and its impact on the national intelligence system and mechanisms. [Method/process] This paper, from the perspective of stakeholder theory, combines methods of literature analysis and case study to summarize and analyze the basic situation, development process, and contradictory disputes of IRTPA. [Result/conclusion] The IRPTA addresses the systemic governance of intelligence dysfunction issues …

Transparency In Third-Party Litigation Funding: A Pathway To Protect America’S National Security Interests, Madison D. Gonzalez

Catholic University Law Review

Third-party litigation funding (TPLF) has opened the courtroom doors for many Americans who may otherwise not be able to afford to seek justice in America’s civil court system. The democratization of the civil court system has benefitted many Americans but the lack of transparency as to the true identities of those behind the litigation has sparked concerns that America’s foreign adversaries may weaponize TPLF to harm America’s national security interests through lengthy and costly litigation. To address this threat, Congress and state legislatures have begun to explore policy changes to increase transparency in TPLF. Several states have adopted disclosure requirements …

The Military Officer's Oath To Disobey Lawful But Unethical Orders, Joshua Braver

Northwestern University Law Review

How should a military officer respond to a lawful yet unethical order, unethical in the sense that it conflicts with their professional responsibilities? Army culture, scholarship, and doctrine regard officers as professionals, akin to doctors and lawyers, with expertise in the management of violence and a shared commitment to an ethical code. This code demands obedience to lawful orders to uphold civilian control of the military. But to protect against civilian misuse of the military, the code requires disobedience to unethical orders. Faced with a lawful but unethical order, the military officer is mired in a contradiction in which their …

Still Uncertain After All Of These Years: Constitutional Rights Of Guantanamo Detainees Tried By Military Commission, Michael D. Ross

Mercer Law Review

This article explores whether Guantanamo detainees are entitled to constitutional protections at military commission trials. In 2006, Congress passed the Military Commissions Act (“MCA”). Its goal was to establish a fair system to try foreign detainees accused of war crimes. The ensuing nineteen years have revealed that the system needs reform. The most important cases, such as the 9/11 and U.S.S. Cole prosecutions, are still bogged down in pre-trial litigation that has lasted over a decade. But before policy makers consider reforms, they should know what constitutional protections apply at a military commission. Federal courts have not answered that question. …

The Myth Of The Immigrant As A Criminal: Rhetoric, Otherness, And The Legal Construction Of Danger, Katerina Fernandez

Immigration and Human Rights Law Review

The figure of the “criminal immigrant” occupies a central place in contemporary U.S. immigration discourse, shaping public perception, enforcement priorities, and legal doctrine. Yet a substantial body of empirical research consistently demonstrates that immigrants—both documented and undocumented—commit crimes at lower rates than native-born citizens. This Note examines why the narrative of immigrant criminality persists despite this evidence and how it influences the development and operation of immigration law. It argues that “immigrant” functions not only as a legal category but also as a socially constructed marker of Otherness, encompassing perceived differences in race, language, culture, and religion. Through this lens, …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Private Coverage, Public Risk: The Role Of Cyber Insurance In National Security Governance, Deborah L. Johnson

Faculty Publications

This Article explores the growing yet underexamined role of the commercial cyber insurance market in shaping the United States' approach to cybersecurity readiness. It argues that, as cyber threats against U.S. critical infrastructure and essential services increase, commercial cyber insurance has quietly come to function as a de facto governance tool in national cybersecurity. In hospitals, water and energy systems, and other public-facing sectors, policy language, underwriting questionnaires, and post-breach claims practices help define what counts as "reasonable" security, influence how organizations plan for and respond to incidents, and affect the pace and scope of recovery after an attack. Yet …

U.S. Trade Law And Policy At A Crossroads, John K. Veroneau

Maine Law Review

The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …

El Salvador At The Crossroads: Crimes Against Humanity Under The Public Security Policy, Susana L. Sacouto, Claudia Martin, Gino Costa, Santiago Canton, Jose Antonio Guevara

Research Reports & White Papers

The International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) presents its final report entitled: “El Salvador at the Crossroads: Crimes against Humanity under the Public Security Policy.”

GIPES was formed with the aim of investigating the alleged serious human rights violations taking place in the context of the State of Exception public security policy that has been in place of El Salvador since March 2022 and determining whether they might constitute crimes against humanity. The group is made up of five internationally recognized jurists: Susana SáCouto, …

Mitigating Uas Airspace Risks Through Policy Innovation, Christopher Daniel Sidor

Student Research Symposium (SRS)

Uncrewed Aircraft Systems (UAS), commonly known as drones, have become an everyday part of our lives. Once a technology reserved for the defense industry, UAS are now widely available and affordable in the commercial market. These systems have been used for intelligence, surveillance, and reconnaissance (ISR) missions, route mapping, and kinetic deployment of munitions. In modern warfare, drones have been at the forefront, leveraging new tactics, techniques, and procedures to enhance lethality and destruction. The integration of fiber-optic (FO) connected drones, first-person view (FPV) technology, and 3D printed munition-dropping devices in particular demonstrates a dire need for legislative intervention. These …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Spring 2026 issue of Parameters, which consists of an In Focus special commentary, three forums (Clausewitz and Modern Warfare, Operational Considerations, and Historical Studies), and the Strategic Competition Corner.

Strategic Rivalries: How Are They Won?, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This article argues strategic rivalries—distinct from general strategic competition—are best understood as contests in which states prioritize weakening a specific opponent’s capacity to compete. It departs from existing work by critiquing the Joint Concept for Competing’s narrow definition and by emphasizing rivalry termination as a central but understudied dimension. Drawing on decades of international relations scholarship and historical datasets of interstate rivalries since 1815, the article analyzes how rivalries end and identifies strategic preclusion as a proactive approach for winning them. Its insights offer policy and military practitioners guidance for shaping competitive strategies short of war.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Spring 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.