National Security Law Commons^™

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!

China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens

The US Army War College Quarterly: Parameters

This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …

Strategy As Problem-Solving, Andrew Carr

The US Army War College Quarterly: Parameters

This article proposes a new definition of strategy as problem-solving that challenges the focus on goals and assumptions of order within many post–Cold War approaches to strategy. It argues that the military needs strategy to diagnose the complex problems of the twenty-first century before they can be solved. Inspired by practitioners such as Andrew Marshall and George F. Kennan, this new definition clarifies what strategists do and offers a logic for distinguishing the use of the term strategy. Practitioners will also find problem-solving tools and pedagogies they can adopt today.

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels

The US Army War College Quarterly: Parameters

Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.

Us-Taiwan Relations And The Future Of The Liberal Order, Christina Lai

The US Army War College Quarterly: Parameters

Strengthening ties with Taiwan is the best chance the United States has to preserve the liberal international order in Asia and improve its security relative to China. This study offers a normative perspective on how Taiwan can contribute to US-led international institutions and the Asian regional order and reduce conflict risk. It concludes with recommendations for the United States and its partners to integrate Taiwan into multilateral institutions in Asia.

Tiktok V. Montana - State Tiktok Ban Blocked By Court Based On Foreign Affairs Preemption, Anna C. Conley

Faculty Journal Articles & Other Writings

This article examines the U.S. District Court for the District of Montana's decision to preliminarily enjoin enforcement of Montana’s state law banning TikTok, citing foreign affairs preemption. The court found that the law conflicted with federal authority under the Defense Production Act (DPA), intruded upon the federal domain of foreign affairs, and violated the dormant foreign commerce clause. The case, now on appeal to the Ninth Circuit, highlights the tension between state-level regulation and federal control over foreign relations, particularly in the context of national security concerns surrounding Chinese-owned technology platforms. The article explores the legal arguments presented by TikTok …

Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, Mark Dela Peña

Catholic University Law Review

Veterans treatment courts (VTCs) have been gaining widespread popularity as a tool to divert justice-involved veterans from the criminal justice system. While a step in the right direction, most of these courts categorically exclude violent offenders for eligibility. Many jurisdictions conflate violent offenses with serious offenses, even when many violent offenses lack any physical harm. Additionally, prosecutors wield almost unbridled discretion in determining whether or not someone is charged with an offense considered to be violent, determining VTC eligibility even before a case reaches a sentencing hearing.

This comment argues for admitting veterans convicted of violent offenses into VTCs. This …

Cyber Security: A Lawyer’S Ethical Duty, Meagan Folmar

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo

International Law Studies

This article reviews recent maritime incidents involving Houthi missile and drone attacks on commercial shipping and foreign warships off the Arabian Peninsula, purportedly in response to the Israeli military operations in Gaza following the October 7, 2023, Hamas-led attack that killed over 1,300 Israeli civilians. The article discusses the legality of the U.S. response to those incidents, including U.S. counter-piracy operations and the right of unit and collective self-defense. The article also discusses whether the United States should consider conducting land-based attacks on Houthi missile and drone sites in Yemen under the principle of self-help to preempt further attacks on …

Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu

Journal of African Conflicts and Peace Studies

The structure of the Nigerian police has overtime depicted a centralized composition that negate principles of power sharing in a federal system of government. The complexities and diverse nature of policing in Nigeria remains the bane to effective and virile administration and management of the organization. The office of the Commissioner of Police vis-à-vis those of State Governors spell contradictions in power configuration from both the Constitution and the Police Act. The enactment of vigilante services and neighbourhood watches by state governments are indicative of a failing security system especially at the component units of the Nigerian federation. The hinterlands …

Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio

Seattle University Law Review

On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

North American Security -- Home And Away, Peter Mackay, Andy Leslie, Andrew Doctoroff, Kathryn Lavell

Canada-United States Law Journal

No abstract provided.

Updating The Caroline Doctrine: A Relic In An Age Of Hypersonic Weapons, David S. Jonas, Tyler Breeden

American University International Law Review

The United States dropped “Little Boy” and “Fat Man” on the cities of Hiroshima and Nagasaki in 1945, bringing an end to World War II and killing between 110,000 and 210,000 people. Japan surely needed much more than rock and roll to help them—especially since Japan had no nuclear weapons of their own to deter the United States from attacking with nuclear weapons. Nuclear weapons technology has evolved considerably in the years since 1945, when only the United States possessed nuclear weapons. Nine states now have or are suspected of having them, and at least one other state appears to …

Repurposing The United Nations Trusteeship Council To Govern The Establishment Of Outer Space Settlements, Andrew Wulf

Northwestern Journal of International Law & Business

Current existing international law and treaties on outer space do not address or regulate private actors’ property claims or human settlements in outer space. American companies such as SpaceX and Blue Origin, as well as countries like the United States, Russia, and China, are seeking to create colonies on the Moon and Mars. However, there is no international legal authority to allow or regulate this. In order to legitimize and control this impending outgrowth of human settlements, this paper proposes that the U.N. Trusteeship Council be repurposed to govern non-state actors’ claims of outer space property.

First, this paper explains …

Public Primacy In Corporate Law, Dorothy S. Lund

Seattle University Law Review

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …

Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu

Seattle University Law Review

Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …