National Security Law Commons^™

What Went Wrong In Afghanistan?, Todd Greentree

The US Army War College Quarterly: Parameters

Critics of the Afghan war have claimed it was always unwinnable. This article argues the war was unwinnable the way it was fought and posits an alternative based on the Afghan way of war and the US approach to counterinsurgency in El Salvador during the final decade of the Cold War. Respecting the political and military dictates of strategy could have made America’s longest foreign war unnecessary and is a warning for the wars we will fight in the future.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Sino-Indian Border Disputes In An Era Of Strategic Expansions, Roman Muzalevsky

The US Army War College Quarterly: Parameters

The June 2020 clash between the People’s Republic of China and India in the disputed Ladakh border area resulted from the strategic expansions of both powers. Like two bubbles expanding in a contained space, these expansions were bound to collide and cause friction. This article explains how the expansions precipitated the incident and might exacerbate border disputes in the future. In pondering implications, it recommends Washington pursue a Eurasia-focused policy embracing the disputed region.

The Grand Strategic Thought Of Colin S. Gray, Lukas Milevski

The US Army War College Quarterly: Parameters

Colin S. Gray distinguished himself from other scholars in the field of strategic studies with his belief that grand strategy is indispensable, complex, and inherently agential. This article identifies key themes, continuities, conceptual relationships, and potential discontinuities from his decades of grand strategic thought. Gray’s statement that “all strategy is grand strategy” remains highly relevant today, emphasizing the importance of agential context in military environments—a point often neglected in strategic practice.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Defeat Mechanisms In Modern Warfare, Frank Hoffman

The US Army War College Quarterly: Parameters

This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.

Contributor's Guidelines And Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Review Essay, Robert L. Bateman

The US Army War College Quarterly: Parameters

No abstract provided.

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Commentary And Reply, Claude A. Lambert

The US Army War College Quarterly: Parameters

No abstract provided.

The Air Littoral: Another Look, Maximilian K. Bremer, Kelly A. Grieco

The US Army War College Quarterly: Parameters

Assessing threats to the air littoral, the airspace between ground forces and high-end fighters and bombers, requires a paradigm change in American military thinking about verticality. This article explores the consequences of domain convergence, specifically for the Army and Air Force’s different concepts of control. It will assist US military and policy practitioners in conceptualizing the air littoral and in thinking more vertically about the air and land domains and the challenges of domain convergence.

Amending Insurrection: Restoring The Balance Of Power In The Insurrection Act, Jeremy S Campbell

Texas A&M Law Review

The Insurrection Act allows the president to domestically deploy and utilize the federal standing army and state militias to perform functions normally performed by domestic law enforcement. The president can invoke the Act when circumstances make it impracticable to enforce domestic law by normal means, when the execution of the law is obstructed such that it deprives citizens of rightful legal protections, or upon the request of a state. Under the current version of the Act, the president possesses the sole and absolute discretion to determine when it is invoked during the two former instances above. When invoked, the Act …

Tort Remedies In Military Prisons And Brigs, Brenner M. Fissell, Max Jesse Goldberg

Faculty Publications

Symposium on Military Justice October 2021.

Hosted by National Institute of Military Justice (In honor of NIMJ's 30th Anniversary)

Twenty Years After The Anthrax Terrorist Attacks Of 2001: Lessons Learned And Unlearned For The Covid-19 Response, Lawrence O. Gostin, Jennifer B. Nuzzo

Georgetown Law Faculty Publications and Other Works

The 20th anniversary of the terrorist attacks on September 11, 2001, resulted in deep national reflection. Less remembered are the events that began to unfold 7 days later as anonymous letters laced with deadly anthrax (Bacillus anthracis) spores began arriving at postal facilities, media companies, and congressional offices. The first death from inhaled anthrax exposure occurred on October 5, with an additional 4 deaths and 17 infections over the ensuing months.

The anthrax attacks exposed a health system ill-equipped to respond to acute emergencies. This article explores the lessons learned, and unlearned, from the anthrax attacks, through to …

In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller

International Law Studies

States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review (2017-Present)

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …

State Energy Cartels, James W. Coleman

Cardozo Law Review

Fracking has made America the center of global oil production and the engine of the world’s economy. But haste makes waste. America’s new oil wells are releasing natural gas as well, which is prized as a clean and reliable fuel around the world but must be simply burned off or “flared” if there are no pipelines to bring it to the customers that need it. The pace of the oil boom and the challenges of building new pipelines have forced oil companies to flare staggering quantities of natural gas. Texas and North Dakota are now flaring—that is, wasting—more gas than …

Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng

William & Mary Law Review

Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …

The Article Iii Publication Power And The Foreign Intelligence Surveillance Court, John Langford

Cardozo Law Review

The Framers vested “the judicial Power of the United States” in independent courts so that they may protect individual liberty and serve as a check on the legislative and executive branches. The judicial power, however, is narrow and not self-executing. As Chief Justice Marshall put it, it is merely the power “to say what the law is.” Federal courts cannot raise armies or pay money to enforce their decrees. Having neither force nor will, courts must instead rely on cultivating public support to secure the authoritative legitimacy necessary to effectuate their judgments.

But what happens when the executive branch asserts …