Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare,
2013
University of Miami Law School
Sun Tzu’S Battle For Your Footnotes: The Emergent Role Of Libraries In Judicial Warfare, Mark Mccary
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii,
2013
University of Miami School of Law
The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock
University of Miami National Security & Armed Conflict Law Review
Guantánamo military commissions are under a spotlight, scrutinized by the judiciary and the public. Just the word “Guantánamo” can trigger impassioned reactions from both advocates and detractors. This article takes a measured view, examining a recent opinion from the U.S. Court of Appeals for the D.C. Circuit, Hamdan v. United States (“Hamdan II”), that speaks to the legitimacy of military commissions convened in Guantánamo to try the September 11th defendants and others. While several media commentators seized on the opinion as striking a blow to Guantánamo proceedings, in fact the opinion approves military commissions and offers a roadmap for prosecutors. …
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?,
2013
University of Miami Law School
Non-State Armed Groups And Technology: The Humanitarian Tragedy At Our Doorstep?, Colonel Dave Wallace, Major Shane Reeves
University of Miami National Security & Armed Conflict Law Review
Technological advances are altering the contemporary asymmetric conflicts between non-‐state armed groups and state actors. This article discusses the humanitarian consequences of these changing conflicts by first illustrating the dangers posed by non-‐state armed groups gaining access to advanced technologies. A subsequent examination of the increasing ability of non-‐state armed groups to use new technologies, such as cyber operations, to mitigate state actor advantages and the resultant risks to civilian populations follows. The article concludes that the humanitarian challenges presented by this growing intimacy between non-‐state armed groups and technology, whether through a potentially devastating attack or by the dramatic …
Terrorism, Ticking Time-‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff,
2013
University of Miami Law School
Terrorism, Ticking Time-‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Application Of The Administrative Procedure Act To Private-‐Public Sector Partnerships In Homeland Security,
2013
University of Miami Law School
The Application Of The Administrative Procedure Act To Private-‐Public Sector Partnerships In Homeland Security, Michael James Weiss
University of Miami National Security & Armed Conflict Law Review
Increasingly, the U.S. federal government is turning to the use of private-public sector partnerships (“PPP”), especially in the area of homeland security. Although these partnerships have numerous benefits, there are several problems that arise in their practice, particularly when they are used in homeland security.
This note will outline and detail these problems, including deputization, excessive congressional oversight, and management and accountability. In addition, this note will present solutions to resolving the issue of centralization. In other words, this note will advocate for a single agency that implements, manages, and creates rules for all PPPs within the Department of Homeland …
Separate But Equal Accountability: The Case Of Omar Khadr,
2013
University of Miami Law School
Separate But Equal Accountability: The Case Of Omar Khadr, Grantland Lyons
University of Miami National Security & Armed Conflict Law Review
This Note addresses the question of whether to hold child combatants or their commanders accountable for war crimes, and if so, how and to what extent. The author ultimately concludes that child combatants and their commanders should be held equally accountable for their actions, but by measures that appropriately balance individual and public interests in rehabilitation, reintegration, and deterrence.
The Note focuses on Omar Khadr, a former child combatant, while using other cases as a reference point for current international legal norms. The author analyzes Khadr’s combatant status review, subsequent legal proceedings, detention, and sentence in light of various legal …
Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation,
2013
University of Miami Law School
Law As Shield, Law As Sword: The Icc’S Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Participation, Chris Jenks
University of Miami National Security & Armed Conflict Law Review
The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-‐congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga¹s liability. But under the law of …
Biometric Id Cybersurveillance,
2013
Washington and Lee University, School of Law
Biometric Id Cybersurveillance, Margaret Hum
Indiana Law Journal
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
Parameters – Full Issue,
2013
US Army War College
Parameters – Full Issue, Usawc Parameters
The US Army War College Quarterly: Parameters
Dilemmas for US Strategy: David S. Sorenson, Gregory Aftandilian, Richard W. Weitz, Dennis V. Hickey. US Landpower in Regional Focus: Kimberly Field, James Learmont, Jason Charland, W. Andrew Terrill, John R. Deni. Lessons From Limited Wars: Todd R. Greentree, David C. Brooks
Who Should Be The ‘Decider’ On Keeping Our Secrets?,
2013
University of Oklahoma College of Law
Who Should Be The ‘Decider’ On Keeping Our Secrets?, Stephen Henderson
Other Faculty Publications
An invited essay for Constitution Day, also available here: http://blogs.law.widener.edu/constitution2013/2013-essay-authors/stephen-henderson/It addresses the national security surveillance disclosed by Edward Snowden and others, and asks whether a fundamental shift would be prudent in the era of Big Data.
From The Editor,
2013
SSI
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews,
2013
US Army War College
Book Reviews, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
Regionally Aligned Forces: Business Not As Usual,
2013
US Army War College
Regionally Aligned Forces: Business Not As Usual, Kimberly Field, James Learmont, Jason Charland
The US Army War College Quarterly: Parameters
No abstract provided.
Strategic Landpower And The Arabian Gulf,
2013
US Army War College
Strategic Landpower And The Arabian Gulf, W. Andrew Terrill
The US Army War College Quarterly: Parameters
No abstract provided.
A War Examined: Afghanistan,
2013
US Army War College
A War Examined: Afghanistan, Todd R. Greentree
The US Army War College Quarterly: Parameters
No abstract provided.
Imbalance In The Taiwan Strait,
2013
US Army War College
Imbalance In The Taiwan Strait, Dennis V. Hickey
The US Army War College Quarterly: Parameters
No abstract provided.
Us Options In Syria,
2013
US Army War College
Us Options In Syria, David S. Sorenson
The US Army War College Quarterly: Parameters
No abstract provided.
Transition In Afghanistan,
2013
US Army War College
Transition In Afghanistan, Richard W. Weitz
The US Army War College Quarterly: Parameters
No abstract provided.
Examining Warfare In Wi-Fi: A Review,
2013
US Army War College
Examining Warfare In Wi-Fi: A Review, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
Cutting Losses: Ending Limited Interventions,
2013
US Army War College
Cutting Losses: Ending Limited Interventions, David C. Brooks
The US Army War College Quarterly: Parameters
No abstract provided.
