US Army War College
Claremont Colleges
University of the District of Columbia David A Clarke School of Law
Department of Computer and Information Technology, Purdue University
University of South Florida
Georgetown University Law Center
Why The President Should Remain Commander In Chief Of The D.C. National Guard,
2022
Brigham Young University Law School
Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling
BYU Law Review
No abstract provided.
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War,
2022
The Graduate Center, City University of New York
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Dissertations, Theses, and Capstone Projects
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation ...
Maritime Security And Threat Of A Terrorist Attack,
2022
U.N. International Law Commission
Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput
Pace International Law Review
The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive ...
National Security Law,
2022
Southern Methodist University
National Security Law, Beau D. Barnes, Geoffrey M. Goodale, Todd E. Mcdowell, Jonathan M. Meyer, John Mohyi, Joseph D. Prestia, Guy C. Quinlan, Christopher Stagg, Christopher Vallandingham
The Year in Review
No abstract provided.
Dysfunctional Warfare: The Russian Invasion Of Ukraine,
2022
US Army War College
Dysfunctional Warfare: The Russian Invasion Of Ukraine, Rob Johnson
The US Army War College Quarterly: Parameters
Russia’s invasion of Ukraine was based on false premises, faulty assumptions, and a weak strategy. As the conflict has unfolded, heavy losses have imposed a strain on available Russian manpower. The Russian army reached a culminating point outside Kyiv and has exhibited little sign of operational learning. By contrast, Ukrainians have fought an existential war, making good use of dispersed light infantry tactics with high motivation levels. Western support has allowed them to compensate for their deficiencies in armaments and munitions. This commentary also shows military and policy leaders how the political context continues to impose limitations on the ...
From The Editor In Chief,
2022
US Army War College
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Summer 2022,
2022
US Army War College
Parameters Summer 2022, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order,
2022
U.S. Naval War College
Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein
International Law Studies
Australia has voiced its commitment to the “rules-based order” since 2008 and the rules-based order has become a touchpoint of both Australian defense and foreign policy. Australia has also voiced its commitment to international law, particularly the UN Convention on the Law of the Sea, to meet challenges to the maritime rules-based order, including in the South and East China Seas. References to international law have often been bundled in or left adjacent to the rules-based order and the two terms are not synonymous. This article discusses the role of international law in the rules-based order as it relates to ...
Transit Rights Through The Panama Canal,
2022
U.S. Southern Command
Transit Rights Through The Panama Canal, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Enforcing Interstate Compacts In Federal Systems,
2022
Indiana University Maurer School of Law
Enforcing Interstate Compacts In Federal Systems, Michael Osborn
Indiana Journal of Constitutional Design
The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision ...
From The Editor,
2022
US Army War College
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Spring 2022,
2022
US Army War College
Parameters Spring 2022, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Civil-Military Relations: Guidelines In Politically Charged Societies,
2022
US Army War College
Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson
The US Army War College Quarterly: Parameters
Current events warrant a review of US civil-military relations doctrine. This article examines eight principles of military subordination to elected civilian officials and addresses the fundamental question at the heart of civil-military relations theory and practice—what options, if any, does the military have when civilian leadership disregards military advice? Examples drawn from US history provide an important framework to understand the complex interrelational dynamics at play.
Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert",
2022
University of St. Thomas School of Law
Masks, Culture Wars, And Public Health Expertise: Confessions Of A Mask "Expert", Rob Kahn
University of St. Thomas Law Journal
No abstract provided.
Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States,
2022
St. Mary's University School of Law
Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren
St. Mary's Law Journal
During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused ...
Privilege In Peril: U.S. V. Zubaydah And The State Secrets Privilege,
2022
Duke Law
Privilege In Peril: U.S. V. Zubaydah And The State Secrets Privilege, Alana Mattei
Duke Journal of Constitutional Law & Public Policy Sidebar
U.S. v. Zubaydah presents an opportunity for the Court to settle the scope of the state secrets privilege and the role of the judiciary when the government invokes a claim of privilege. The state secrets privilege, invoked by the executive, gives courts the power to prevent the disclosure of information that could pose a threat to national security by excluding the particular evidence or dismissing the case. The Court will decide whether the Ninth Circuit erred by rejecting the Government’s assertion of the state secrets privilege over the depositions of former CIA contractors requested by Abu Zubaydah. The ...
Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable,
2022
Seattle University School of Law
Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary
Seattle Journal of Technology, Environmental & Innovation Law
The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?
Further, this article analyzes the development of U.S. privacy law and its relationship to national ...
The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness,
2022
University of Pennsylvania
The Psychology Of Separation: Border Walls, Soft Power, And International Neighborliness, Diana C. Mutz, Beth A. Simmons
Faculty Scholarship at Penn Law
This study assesses the impact of international border walls on evaluations of countries and on beliefs about bilateral relationships between states. Using a short video, we experimentally manipulate whether a border wall image appears in a broader description of the history and culture of a little-known country. In a third condition, we also indicate which bordering country built the wall. Demographically representative samples from the United States, Ireland, and Turkey responded similarly to these experimental treatments. Compared to a control group, border walls lowered evaluations of the bordering countries. They also signified hostile international relationships to third-party observers. Furthermore, the ...
How The Cia, Fbi, And Presidential Administrations Failed To Prevent 9/11,
2022
Claremont Colleges
How The Cia, Fbi, And Presidential Administrations Failed To Prevent 9/11, Samantha Mcbride
CMC Senior Theses
This thesis examines the way the CIA, FBI, and Presidential Administrations failed to prevent the 9/11 attacks. Through analysis and research of intelligence, investigations, and military orders, this thesis aims to bring awareness of the mistakes and mishandling of intelligence by the United States intelligence community. Each critical intelligence and investigation is analyzed by how they were mishandled, why they were mishandled, and how they should have been handled. Based on the evidence and investigations done on the mishandlings of intelligence, this thesis argues that the CIA, FBI, President Clinton, and President Bush failed to protect the United States ...
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth,
2022
Penn State Dickinson Law
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy Gaudion
Faculty Scholarly Works
In the book, Perlroth traces the development and use of cyber capabilities, focusing on the U.S. government’s unintended role in creating a market for these cyber goods. Her purpose is a straightforward one: to illuminate. Perlroth explains that her goal is to “help shine even a glimmer of light on the highly secretive and largely invisible cyberweapons industry so that we, a society on the cusp of this digital tsunami called the Internet of Things, may have some of the necessary conversations now, before it is too late.”7 She seeks to accomplish this purpose by offering a ...
