US Army War College
Maurer School of Law - Indiana University
University of Michigan Law School
University of the District of Columbia David A Clarke School of Law
Georgetown University Law Center
University of South Florida
From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption,
2023
Saint Mary's College of California
From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan
Pace International Law Review
This article takes up the question of what strategy is to be used among different communities to eradicate corruption across borders. The debate between two legal scholars, Steven Salbu and Philip Nichols, over the viability of extraterritorial application of anti-bribery laws remains thought-provoking when we look at the effectiveness of the OECD Anti-bribery Convention or FCPA in curbing corruption. Empirical research shows that firms from countries with extraterritorial legal restrictions do not necessarily refrain themselves from paying bribes in foreign transactions. This article ties the Salbu-Nichols’ debate, ISCT, mediating institutions theory, and Pelican Gambits strategy together to structure a context …
Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan,
2022
U.S. Naval War College
Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan
International Law Studies
The People’s Republic of China has clearly stated the importance of resolving the Taiwan question and realizing China’s complete “reunification” to end their century of humiliation. As China grows as the most significant strategic competitor to the United States and develops the military capability to force the issue, understanding what legal authorities the President may exercise in ordering a response is increasingly urgent. This article reviews the legal authorities for the use of force by the United States and examines the contours of the President’s authorities and where they intersect with Congress’s authorities. Through various hypothetical scenarios involving attempts by …
Parameters Winter Issue 2022-23,
2022
US Army War College
Parameters Winter Issue 2022-23, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir,
2022
US Army War College
Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster
The US Army War College Quarterly: Parameters
This article argues senior officers may fail in character because their rate of character development throughout their careers typically decreases as environmental stressors rise. It conceptualizes character as an open system with both gains and leaks over time and integrates existing scholarship on personality and ethical development to create the Leaky Character Reservoir framework, which it then applies to Army officers’ careers. Military leaders will gain a new understanding of character and find specific actions officers, units, and the US Army can undertake to strengthen the character of its senior officers.
Sunshine Laws Behind The Clouds: Limited Transparency In A Time Of National Emergency,
2022
American University Washington College of Law
Sunshine Laws Behind The Clouds: Limited Transparency In A Time Of National Emergency, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
The COVID-19 pandemic dramatically changed the way citizens lived their lives, businesses operated, and governments functioned. With most people forced to stay home, the pandemic also disrupted how people received their news and other essential information. Public records and public meetings had to adapt to face the growing challenges in a locked-down world. While some governmental bodies were able to keep up with the threat that COVID-19 posed against transparency, others either failed to acclimate to the new normal or actively took advantage of the circumstances to limit how much the public knew not only about the crisis, but about …
Border Orientation In A Globalizing World,
2022
University of Pennsylvania Law School
Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick
Faculty Scholarship at Penn Carey Law
Border politics are a salient component of high international politics. States are increasingly building infrastructure to ‘secure’ their borders. We introduce the concept of border orientation to describe the extent to which the State is committed to the spatial display of capacities to control the terms of penetration of its national borders. Border orientation provides a lens through which to analyze resistance to globalization, growing populism, and the consequences of intensified border politics. We measure border orientation using novel, geo-spatial data on the built environment along the world’s borders and theorize that real and perceived pressures of globalization have resulted …
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.
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army,
2022
CHHS, University of Maryland Francis King Carey School of Law
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Newsletter, Fall 2022,
2022
University of Maryland Francis King Carey School of Law
Intelligence Collection And The International Law Of The Sea,
2022
U.S. Naval War College
Intelligence Collection And The International Law Of The Sea, James Kraska
International Law Studies
This article explores the legal implications of intelligence collection operations at sea. It concludes that in terms of the international law of the sea, intelligence collection that occurs outside of the territorial sea is lawful. Furthermore, even intelligence collection by a foreign ship inside the territorial sea, while a violation of State sovereignty, may not violate the law of the sea, per se. Additionally, within the territorial sea, coastal States are limited in the measures they may take against foreign-flagged submarines and surface warships collecting intelligence since those activities do not constitute an armed attack or even the use of …
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War,
2022
University of Pennsylvania Carey Law School
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire O. Finkelstein, Harvey Rishikof
Faculty Scholarship at Penn Carey Law
In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists, psychiatrists, …
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.
Why America’S Army Can’T Win America’S Wars,
2022
US Army War College
Why America’S Army Can’T Win America’S Wars, John A. Nagl
The US Army War College Quarterly: Parameters
Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …
Deconstructing The Collapse Of Afghanistan National Security And Defense Forces,
2022
US Army War College
Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Autumn 2022,
2022
US Army War College
Parameters Autumn 2022, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Assessing The Army’S Cyber Force Structure,
2022
US Army War College
Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold
The US Army War College Quarterly: Parameters
No abstract provided.
The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension,
2022
US Army War College
The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews,
2022
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Sino-Russian Relations And The War In Ukraine,
2022
US Army War College
Sino-Russian Relations And The War In Ukraine, Zenel Garcia, Kevin D. Modlin
The US Army War College Quarterly: Parameters
Claims that China has taken “Russia’s side” in the Ukrainian War oversimplify Sino-Russian relations. We contend Sino-Russian relations are a narrow partnership centered on accelerating the emergence of a multipolar order to reduce American hegemony and illustrate this point by tracing the discursive and empirical foundations of the relationship using primary and secondary materials. Furthermore, we highlight how the war has created challenges and opportunities for China’s other strategic interests, some at the expense of the United States or Russia.
Srad Director's Corner: Understanding North Korea And The Key To Security In East Asia,
2022
US Army War College
Srad Director's Corner: Understanding North Korea And The Key To Security In East Asia, George Shatzer
The US Army War College Quarterly: Parameters
In the third installment of the SRAD Director’s Corner, Colonel George Shatzer focuses on North Korea and the Kim family regime. He reviews Becoming Kim Jong Un: A Former CIA Officer’s Insights into North Korea’s Enigmatic Young Dictator by Jung H. Pak and Rationality in the North Korean Regime: Understanding the Kims’ Strategy of Provocation by David W. Shin and shows how these books might help readers better understand North Korea’s leader Kim Jong-Un and the implications of his actions for US foreign and military policy in the region. The books also provide insights for strategists attempting to plan for …
