Brooklyn Law School
A Delicate Balance: The Japan-Us Status Of Forces Agreement Applying A Comparative Framework To Recommend Changes To Criminal Jurisdiction Provisions In The Japan-Us Status Of Forces Agreement To Better Protect The Interests Of Japan And The United States, Keara Schmeiser
Brooklyn Journal of International Law
The criminal jurisdiction provisions of the Japan-U.S. Status of Forces Agreement (“SOFA”), which governs the rights of US servicemembers deployed in Japan, must be amended. The recent Japanese criminal conviction of a U.S. naval officer focused U.S. lawmakers’ efforts on revising the Japan-U.S. SOFA. This led to a provision in the 2024 National Defense Authorization Act (“NDAA”), which requires the U.S. Secretary of Defense and Secretary of State to analyze the largest existing U.S. bilateral agreements and their treatment of U.S. servicemembers’ rights in foreign courts and, by the end of 2024, report their findings to congressional committees. This Note …
Violence In The Administrative State,
2024
Georgetown University Law Center
Violence In The Administrative State, Emily R. Chertoff
Georgetown Law Faculty Publications and Other Works
Drawing on an original, interview-based case study of Immigration and Customs Enforcement (ICE) and a synthesis of six decades of social science literature, this Article offers a theory of physical violence in the administrative state that challenges foundational assumptions about administrative law. Approximately one-fifth of federal employees work for administrative agencies that police, fight wars, enforce immigration law, or incarcerate people—in other words, agencies that use force to execute the laws. These agencies are saturated with administrative law that obligates front-line administrators to confer due process, give notice, behave non-arbitrarily, and comply with law. Yet this law often fails to …
Korea: The Enduring Policy Blindspot,
2024
US Army War College
Korea: The Enduring Policy Blindspot, Justin Malzac, Rene A. Mahomed
The US Army War College Quarterly: Parameters
The threat posed by the Democratic People’s Republic of Korea is a neglected and under prioritized problem across the US government, requiring a dramatic change of approach. Most proposals for Goldwater-Nichols reform focus on geography, either increasing or decreasing the number of geographic commands. Based on our personal experience as Joint military planners at strategic-level headquarters, we argue that the change needs to go further, focusing on global national security problems instead of geography. This article’s analysis and conclusions will provoke conversation across the national security enterprise about how the United States competes with multiple global threats.
The American Way Of Studying War: What Is It Good For?,
2024
US Army War College
The American Way Of Studying War: What Is It Good For?, Michael P. Ferguson
The US Army War College Quarterly: Parameters
Academic military historians, government institutions, and defense practitioners have unique purposes for advancing the study of war that influence the way they consume and produce history. Although there is substantial scholarship covering how the discipline of military history has changed since the late nineteenth century, the literature surrounding why it changes and how it is used is less plentiful. Using primary and secondary sources to contextualize debates between historians, this study traces major developments in military historiography, considers the US Army’s relationship with its history, and explores potential connections between a history’s purpose and its use for military professionals.
Parameters Winter 2024-25,
2024
US Army War College
Parameters Winter 2024-25, Usawc Press
The US Army War College Quarterly: Parameters
Welcome to the Winter 2024–25 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific, Security Cooperation, and Historical Studies), and the regular Civil-Military Relations Corner installment.
Book Reviews,
2024
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Thurgood Marshall Memorial Lecture: 80 Years After Korematsu V. U.S.: It's All About Us 10-29-2024,
2024
Roger Williams University
Thurgood Marshall Memorial Lecture: 80 Years After Korematsu V. U.S.: It's All About Us 10-29-2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Ghost In The Machine: The Threat Screening Center And The Mootness Tool,
2024
American University Washington College of Law
The Ghost In The Machine: The Threat Screening Center And The Mootness Tool, Jeffrey Kahn
Scholarly Articles in Law Reviews & Journals
In FBI v. Fikre, the Supreme Court resolved a circuit split about the voluntary cessation exception to the mootness doctrine in what initially appears to be a plaintiff-friendly way. The Court unanimously held that the government’s “sparse declaration” was insufficient to moot lawsuits challenging the No Fly List (a list of people banned from aircraft). The declaration failed to show that the government “cannot reasonably be expected to do again in the future what it is alleged to have done in the past.” It stated only that Fikre “will not be placed on the No Fly List in the …
Confronting The War On International Law In The United States,
2024
Benjamin N. Cardozo School of Law
Confronting The War On International Law In The United States, Rebecca Ingber
Online Publications
Harold Hongju Koh’s The National Security Constitution in the 21st Century is a code red threat assessment of the state of public law in America today. True to Koh’s nature, he does not leave us without hope; rather he devotes a sizeable portion of the book to calls for reform, from the legal frameworks governing war powers and intelligence to the division of labor in the national security legal bureaucracy plodding away within the deepest (secure) chambers of the executive branch itself.
Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?,
2024
Penn State Dickinson Law
Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski
Dickinson Law Review (2017-Present)
Currently, neither Ukraine’s Constitution nor its criminal code establish the principle of command responsibility as a mode of criminal liability within the country. Key international statutes like Article 28 of the International Criminal Court and international case law, like the recently decided Case of Milanković v. Croatia, have firmly established the doctrine of command responsibility as a fundamental principle of customary international law applicable in the context of an armed conflict. Furthermore, the Milanković court affirmed a conviction based on command responsibility even in the absence of a clear domestic governing statute at the time the crime was committed, …
The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?,
2024
London School of Economics and Political Science
The National Security Exception At The Wto: Should It Just Be A Matter Of When Members Can Avail Of It? What About How?, Mona Pinchis-Paulsen, Kamal Saggi, Petros C. Mavroidis
Faculty Scholarship
The GATT security exceptions were practically in hibernation until recently. The recent WTO disputes panel activity concerning such exceptions is characterized by a standard of review that places the accent on ‘when’ action should be taken and not so much on ‘what’ action should be taken. We see two problems with this construction. First, the ‘when’ might be a function of privileged information that those possessing it might be unwilling to divulge in a transparent manner. Second, national security is an amorphous concept, and unless we disaggregate it, it is impossible to pronounce the appropriateness of measures adopted to pursue …
Exploring Strategy In India,
2024
US Army War College
Exploring Strategy In India, Vinay Kaura
The US Army War College Quarterly: Parameters
This review essay discusses Rajesh Basrur's Subcontinental Drift: Domestic Politics and India’s Foreign Policy and Feroz Hassan Khan's Subcontinent Adrift: Strategic Futures of South Asia and explores Indian strategy, especially concerning domestic issues and the relationship between Pakistan and India. The review concludes by noting that the two books agree on the oversized role of the Pakistani military in India’s national politics, where most security and foreign policy decisions are directed toward Pakistan.
From The Acting Editor In Chief,
2024
US Army War College
From The Acting Editor In Chief, C. Anthony Pfaff
The US Army War College Quarterly: Parameters
Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.
Eisenhower As Supreme Allied Commander: A Reappraisal,
2024
US Army War College
Eisenhower As Supreme Allied Commander: A Reappraisal, Richard D. Hooker Jr.
The US Army War College Quarterly: Parameters
This article argues that the historical assessment of Dwight D. Eisenhower as Supreme Allied Commander of the Allied Expeditionary Force in World War II lacks objectivity and balance. It identifies several strategic errors and missteps attributable to Eisenhower, which resulted in severe casualties and prolonged the war in Europe. The conclusions can help US military practitioners and policymakers assess the background and qualities required for successful theater command during wartime and senior commanders’ performances.
Parameters Autumn 2024,
2024
US Army War College
Parameters Autumn 2024, Usawc Press
The US Army War College Quarterly: Parameters
Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.
Book Reviews,
2024
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Narrowing “The Gap”: Counter Gray Zone Operations,
2024
U.S. Naval War College
Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo
International Law Studies
China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …
The Brink Of War: How Courts Avoid Injudicious Aggravation Of Tension Between Nations,
2024
CUNY Bernard M Baruch College
The Brink Of War: How Courts Avoid Injudicious Aggravation Of Tension Between Nations, Vivian M. Williams
Publications and Research
As armed conflict between nations is keeping the world on edge, there is an urgent need for courts to be more aware of how disputes before them could aggravate tension between nations. Courts exercise the sovereign powers of a country. However, there is greater overlap in an interconnected global economy where cross-border transactions are frequent. When these disputes involve state parties or pertain to acts of other states, they could make it difficult for the Executive branch of government to manage relations with hostile countries. This article examines how the doctrines of comity and judicial deference could be utilized by …
Collective Attribution In Cyberspace: A Rebranded Version Of Attribution Does Not Make It More Effective,
2024
U.S. Naval War College
Collective Attribution In Cyberspace: A Rebranded Version Of Attribution Does Not Make It More Effective, Dan Efrony
International Law Studies
The international community has been unsuccessful in establishing an effective legal framework for holding States accountable for cyber wrongdoing. Instead, official political attribution—collectively denouncing States for irresponsible conduct in cyberspace—has become a common substitute to encourage compliance with voluntary non-binding international norms. Since December 2017, the United States and United Kingdom, along with their closest allies, have embraced and implemented collective attributions and responses. They thereby seek to shape “rules of the road” for responsible State behavior in cyberspace and to enhance accountability and deterrence. However, these attributions rely primarily on the outcomes of American and British attribution processes that …
Presidents, Congress, And Classified Information: The Constitutional Limitations And Processes Required To Declassify Information,
2024
The Catholic University of America, Columbus School of Law
Presidents, Congress, And Classified Information: The Constitutional Limitations And Processes Required To Declassify Information, Nick Dunard
Catholic University Law Review
On August 8 2022, the Federal Bureau of Investigation executed a search warrant at former President Donald Trump’s Mar-a-Lago Resort. The search uncovered hundreds of documents bearing various classification and governmental markings. On June 8, 2023, Trump was indicted in the Southern District of Florida on thirty-seven counts of unlawful retention of national defense information. Almost immediately after the search, the former President and his allies advanced a theory that Trump’s retention of classified documents was permissible because he had declassified the documents before leaving office on January 20, 2021. The former President has repeatedly mentioned these arguments in both …
